The URL can be used to link to this page

Certification of Contract with Country Bills Lawn Maintenance, Inc.TITLE: MIAMIBEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT For Trees, Palms and Plant Material: Purchase and Delivery Only and or Purchase Delivery and Installation Services. CONTRACT NO.: ITB -2017 -019 -WG EFFECTIVE DATE(S): This Contract shall remain in effect for one (1) year from date of Contract execution by the Mayor and City Clerk, and may be extended at the sole discretion of the City, though its City Manager, for four (4) additional (1) year terms, if mutually agreed by both parties. SUPERSEDES: N/A CONTRACTOR(S): Country Bills Lawn Maintenance, Inc. Group A Ground Cover, for Sales, Delivery & Installation Group B Trees Minimum Size, for Sales, Delivery & Installation Group C Palms Minimum Size, for Sales, Delivery & Installation ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on September 25, 2017 for approval to award a contract, and upon execution of this certification of contract between the City of Miami Beach, Florida, and Country Bills Lawn Maintenance, Inc., a Florida corporation, (the "Contractor"). B. EFFECT - This Contract is entered into to provide for Trees, Palms & Pian Material Purchase & Delivery Only and or Purchase Delivery & Installation Service, pursuant to City Invitation to Bid No. ITB -2017 -019 -WG and any addenda thereto (the ITB), 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 - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Department of Procurement Management 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 ITB -2017 -019 -WG. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, Rodney Knowles, Greenspace — Parks Maintenance at 305-673-7000 ext. 7380. 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. 1 5-/i 7 Page 2 Certification of Contract F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. 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) and /or work provided to or on behalf of City shall be comparable to the best local standards for the performance of similar work. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard 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 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 — Contractor acknowledges that the provisions of Section 287.133, Florida Statutes, relating to public entity crimes, shall apply to this Contract. A person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 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 2 Page 3 Certification of Contract upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Rodney Knowles City of Miami Beach Department of Greenspace — Parks Maintenance 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 • For Contractor: Country Bilis Lawn Maintenance, Inc. 13363 NE 16 Avenue No Miami, FL. 33161 Attn: John Allred Phone: 305-785-0180 Fax: 305-891-5916 E-mail: iohnallred c(r7aol.com 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. 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 3 Page 4 Certification of Contract 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 - This Contract and/or the Contract Documents shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The, ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract -Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. R. Contractor acknowledges that the purpose of this Contract is to pre -qualify the Contractor as part of a pre -qualified vendor pool, to permit Contractor to submit a bid in response to an Invitation to Quote, with the intent that any work, if any, shall be awarded on a competitive basis to the pre -qualified vendor submitting the best pricing in response to an Invitation to Quote. Accordingly, Contractor agrees that no Purchase Order shall be issued to Contractor, and no work or services shall be authorized under this Contract, except at City's sole and absolute discretion. 4 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this let day of Oct , 20 (;7, by their respective duly authorized representatives. MAINTENANCE, INC. CITY OF MIAM B' Pres'1•ent/ Signature v9//fW Print Name ATTEST: Secretary/ Signature -j nk r4Sn e( Print Name lob citil Date ATTEST: Rafael E. Granado, City Clerk 5 r FUR ECU t IUN F(8,) FOR City Attor 'y ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM MIAM Procurement Department, 1755 Meridian Avenue, 3`' Floor, • Miami Beach, Florida 33139, www,miamibeachfl.gov, 305-673-7490 September 6, 2017 TO: Getting Green Plant Service, Inc. Coppers Nursery, Inc. Green Sleeves., Inc. Visual Scape Inc. Country Bills Lawn Maintenance, Inc. Superior Landscaping & Lawn Service, Inc. U.S.I. Landscaping Robertagettinggreen.com . info(c,coppersnursery,com debra dreensleevesInc.com Ivlla(avisualscapeinc,com. Johnallredt aol.com Superlands,ape(a;bellsouth.net uslioana(V aol.com RE: AWARD NOTIFICATION PURSUANT TO INVITATION TO BID (ITB) 2017.019 -WG FOR TREES, PALMS AND PLANT MATERIALS: PURCHASE AND DELIVERY ONLY AND/OR PURCHASE, DELIVERY AND INSTALLATION SERVICES This letter shall serve as notification that the City Manager will recommend to the Mayor and City Commission (the "Commission") at its September 13, 2017, meeting, that the Commission approve the award of a contract to the responsive, responsible bidders as follows: Purchase and delivery of commonly used ground cover plant material, trees and palms.. Group A Commonly used Ground Covers Minimum Sizes- Sales and Delivery Group B Commonly used Trees Minimum Sizes- Sales and Delivery Group C Commonly used Palms Minimum Sizes- Sales and Delivery • Getting Green Plant Service, Inc. • Coppers Nursery, Inc. • Green Sleeves, Inc, • Visual Scape Inc, Country Bilis Lawn Maintenance, Inc. • Superior Landscaping & Lawn Service, Inc. Purchase, delivery and installation of ground cover plant material, trees and palms for various City of Miami Beach departments. Group A Commonly used Ground Covers Minimum Sizes- Sales, Delivery and Installation Group B Commonly used Trees Minimum Sizes- Sales, Delivery and Installation Group C Commonly used Palms Minimum Sizes- Sales, Delivery and Installation • Green Sleeves, Inc. • Visual Scape Inc. • Country Bills Lawn Maintenance, Inc. • Superior Landscaping & Lawn Service, Inc. The City will allow a bid protest to be submitted by 5:00 p.m., on Friday, September 8, 2017. Any protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. Protests not timely filed shall be barred. Any basis or ground for a protest not set forth in the letter of protest shall be deemed waived. If the protest is not resolved by mutual agreement, the City Manager and the City Attorney, or their respective designees, shall promptly issue a decision in writing. The decision shall specifically state the reasons for the action taken and inform the protestor of his or her right to challenge the decision, The parties to the protest shall be bound by the determination of the City Manager and the City Attorney. • ITB 2017 -019 -WG for for Trees, Palms and Plant Materials: Purchase and Delivery only and/or Purchase, Delivery and Installation Services. The City may request reasonable reimbursement for expenses incurred in processing any protest, which expenses shall include, but not be limited to, staff time, legal fees and any other related expense. Should you have any questions or need additional information, please address said inquiries in writing to William Garviso, e-mail: williamgarviso{ci7miamibeachfl.gov, with a copy to the City Clerk's Office. Thank you Ale enis Director Procurement. Department c: Rafael Granado, City Clerk We are committed, to providing excellent public seivice and safety to all who l/ve, work, and play In our vibrant, tropical, historic community, We are committed to providing excellent public service and safety to all who Ilve, work, and play In our vibrant, tropical, historic community. A/\ 1AM 1 BEACH Procurement Department, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.mlamibeachf.gov, 305-673-7490 Attachment A Solicitation Number: ITB - 2017 -019 -WG Brief Scope: The intent of the ITB was to establish a list of pre -qualified firms, on the basis of available plant materials, experience and insurance, from whom the City could request quotes to expedite landscape work at the time a need was identified. The bid sought to establish a contract that pre -qualified vendors to participate in future pricing competition for: 1) the purchase and delivery of commonly used ground cover plant material, trees and palms; or 2) the purchase, delivery and installation of ground cover plant material, trees and palms for various City of Miami Beach departments. Vendors were allowed to submit a bid response for: 1) the purchase and delivery of ground cover plant material; or 2) the purchase, delivery and installation of ground cover plant material; or 3) the purchase and delivery of trees; or 4) the purchase, delivery and installation of trees; or 5) the purchase and delivery of palms; or 6) the purchase, delivery and installation of palms, Title: Trees, Palms and Plant Materials: Purchase and Delivery only and/or Purchase, Delivery and Installation Services. Conclusion: ' After consideration and evaluation of all bids received pursuant to ITB 2017 -019 -WG, the City Manager, approved the award of all responsive, responsible bidders, and further authorized the execution of contracts as follows for the listed categories: Group A Commonly used Ground Covers Minimum Sizes- Sales and Delivery Group B Commonly used Trees Minimum Sizes- Sales and Delivery Group C Commonly used Palms Minimum Sizes- Sales and Delivery • Getting Green Plant Service, Inc. • Coppers Nursery, Inc. • Green Sleeves, Inc. • Visual Scape Inc. • Country Bills Lawn Maintenance, Inc. • Superior Landscaping & Lawn Service, Inc. Group A Commonly used Ground Covers Minimum Sizes- Sales, Delivery and Installation Group B Commonly used Trees Minimum Sizes- Sales, Delivery and Installation Group C Commonly used Palms Minimum Sizes- Sales, Delivery and Installation • Green Sleeves, Inc. • Visual Scape Inc. • Country Bills Lawn Maintenance, Inc. • Superior Landscaping & Lawn Service, Inc. These vendors shall then be deemed to be pre -qualified to participate in subsequent spot market purchases as required by the City on either an as -needed or on a periodic basis. When such spot market purchases are initiated, the pre -qualified vendors shall be invited to offer a fixed price for a specific individual purchase. The award to one vendor for a specific individual action does not preclude the remaining pre -qualified vendors from submitting spot market offers for other specific purchases. Fiscal Impact: All expenditures pursuant to this contract will be based on approved funding appropriated to the respective department's budget. Grant funding will not be utilized for this project. T:\AGENDA\2017\9 - September\Procurement\Ratification Item\Commission memo 2 1 of 3 Solicitation Number: Title: ITB - 2017 -263 -ND North Shore Tennis Center Fence Replacement Project Brief Scope: the North Shore Tennis Center Fence in time for the 2017 tennis season. The intent of the ITB was to replace Conclusion: and Recreation Department determined that the project would be unable to be completed on or tennis season and the upcoming International Tennis Federation (ITF) Tournament. Therefore, all bids received in response to the ITB. Staff intends to reissue a new ITB in preparation for the approved the rejection of all bids received pursuant to the ITB, and authorized the issuance of a After the receipt of proposals, the Parks before the commencement of the 2017 staff recommended the rejection of 2018 tennis season. The City Manager subsequent ITB. Fiscal Impact: N/A Solicitation Number: Title: RFP - 2017 -010 -JC Elevator Maintenance, Repairs, Parts and New Equipment Brief Scope: contracts with qualified elevator maintenance firms to: 1) provide the City with various routine the City's fleet of elevators; and/or 2) participate in a pool of prequalified elevator contractors for include (but not be limited to) major refurbishments and modernizations, and installation of new a proposal response solely for Groups 1-4 (maintenance and repairs of elevators); or submit a 5 (pool of prequalified contractors); or submit a proposal response for all Groups. The intent of the RFP was to establish maintenance services and repairs to non -routine engagements that may equipment. Interested firms may: submit proposal response solely for Group Conclusion; and the results of the evaluation process, it's determined to be in the best interest of the City to to permit the Administration to further evaluate and refine the technical specifications, in an effort requirements not considered in Request for Proposals (RFP) 2017 -010 -JC, as identified the RFP technical specifications and requirements of the elevator maintenance program to full-time mechanic(s), providing continuous preventative maintenance to priority facilities, Monday weekly; and the RFP technical specifications to ensure the City establishes a comprehensive maintenance call completion and notification reporting standards, and modification to the approach and and by way of a new RFP, those technical services specifications that the City currently desires to and repairs system, including but not limited to, the aforementioned requirements, permitting the specifications which adequately represent the City's best interests. Therefore, the City bids pursuant to the RFP, and authorized the issuance of a subsequent RFP. After reviewing all the submissions reject all proposals received, in order to include critical performance and reporting below: (1) The Administration must re-evaluate ensure the City receives a dedicated, through Friday, 8:00 AM to 5:00 PM, (2) The Administration must re-evaluate control program, including a robust service methodology submittal requirements; Therefore, the City must re -advertise, procure for its elevator maintenance City to further clarify and establish technical Manager approved the rejection of all Fiscal Impact: N/A T:\AGENDA\2017\9 - September\Procurement\Ratification Item\Commission memo 2 2 of 3 Solicitation Number: 2017 -323 -AG Title: Amend to the Agreement with Metalco Active USA, Inc. Brief Scope: On April 26, 2017, the City Commission adopted Resolution No. 2017-29838 waiving by 5/7th votes the formal competitive bidding requirement and authorizing the City Manager and City Clerk to execute an Agreement with Metalco Active USA, Inc. d/b/a MyEquilibria ("MyEquilibria") in ,an amount not to exceed $175,000, for the purchase and installation of outdoor fitness equipment in the Muscle Beach area of Lummus Park (the "Agreement"). MyEquilibria designs and develops innovative high-end fitness equipment which redefines the workout experience and brings together art and functionality. Since the execution of the Agreement, the Parks and Recreational Department (the "Department") has discovered that three (3) pieces of existing equipment, utilized by a large group of acrobats to exercise and perform routines, were not included in the Agreement. The Department has requested a proposal from MyEquilibria in order to manufacture identical replacements ofthese three prices of equipment to match the new fitness equipment designed by MyEquilibria. As a result of the Department's request, MyEquilibria provided a proposal which includes non -parallel bars, tri -level pull-up bars and a vertical pole in the amount of $13,220. Additionally, MyEquilibria has estimated an additional $9,440 for the installation of the acrobatic equipment and further waived any delivery cost if the purchase is confirmed by August 28, 2017, which will allow for all the equipment purchased by MyEquilibria to be shipped at the same time. On July 26, 2017, the City Commission adopted Resolution No. 2017-29955 authorizing the City Manager to select, negotiate, award, and/or reject all bids, execute contracts and agreements, submit grant applications, renew existing contracts that may expire, and terminate existing contracts as needed during the recess period between the commission meeting on July 26, 2017 and the regularly scheduled meeting on September 13, 2017, subject to ratification by the City Commission at its regularly scheduled meeting on September 13, 2017. Conclusion: Therefore, the City Manager authorized to amend the Agreement in the not to exceed amount of $25,000 and further approved the purchase and installation of the acrobatic equipment described in the proposal attached herein. The increase will allow the Department to purchase the acrobatic equipment in the amount of $13,220 and cover the estimated installation cost of $9,440. Fiscal Impact: Not to exceed amount of $25,000. T:\AGENDA\2017\9 - September\Procurement\Ratification Item\Commission memo 2 3 of 3 ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS M1AMlBEACF City of Miami Beach, 1755 Meridian Avenue, 3`d Floor, Miami Beach, Florida 33139, www.miamlbeachfI.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490, ADDENDUM NO. 2 ITB 2017 -019 -WG Trees, Palms, and Plant Material: Purchase and Delivery Only and/or Purchase, Delivery and Installation Services August 2, 2017 This Addendum to the above -referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended In the following particulars only. 1. REVISIONS, 1. ITS DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 P.M., on Friday, August 11 2017, at the following location. City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible, 2. Delete Appendix A, Proposal Certification, Questionnaire & Requirements Affidavits, Paragraph 8, entitled Living Wage, in its entirety. 3, Revise Appendix C, Paragraph C2, Plant. Material Specifications (Pg, 26) as follows: All plants provided as one shipment or order with multiple shipments shall be supplied at an equal height. Plants should be individually potted, not grown in cell packs or cell trays. Plants must be rooted out in pots but not bound; plants recently up -potted will not be acceptable. Older plants that have been pruned back will not be accepted. Plants should be grown in Canadian or Florida peat mix soil. I1. ANSWERS TO QUESTIONS RECEIVED. Q1) Appendix A (Page 19 - Section 8) Living Wage - I understand the City has a living wage ordinance which would require employers to pay all employees who provide services pursuant to this Agreement a living wage rate of $13.31/hourly without health benefits or $11.62/hourly with health benefits. Our nursery produces quantities of plant materials, which may or not be sold to the City of Miami Beach depending on the City's needs. Our nursery must perform plantings regardless if the City of Miami Beach makes purchases because we are a wholesale nursery. Therefore buyer is unknown at the time of plantings. Would the 1 living wage ordinance be required for employees who perform the plantings of potted plants even though buyer is unknown at the time? Al) The Living Wage does not apply to this solicitation. Please refer to Revision L above. Q2) Will a bidder be considered non-responsive if it does not provide Health, Sick Leave, Family Medical Leave, and Bereavement Leave? A2) If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there, are no Insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfLgov/procurement/. Q3) Will it be possible to provide examples of Liquidated Damages charges which could be assessed per dollar amount ranges of the provided ITQ (1,e. 1. ITQ is $10,000 what is the liquidated damages? 2. ITQ is $50,000 what is the liquidated damages? etc,..)? A3) Please refer to Appendix C, Paragraph 2.13. Liquidated damages shall vary with every ITQ, and are undetermined at this time. However, at the time of each ITQ request the City shall specify the amount of Liquidated Damages due the City for Toss of use and additional costs incurred by the City due to non -completion of the work requested through the ITQ. Q4) Will the City consider re-evaluating and lowering the limits for the insurance requirements, especially for the items of work which require delivery and NOT installation of plant materials (especially just the smaller material)? A4) The specified insurance limits shall remain the same. Q5) Is it the intent of the City to have the awarded bidder unload the plant material when making a delivery or will the City have staff (small and large items) and equipment (larger items) available to unload the delivery? In other words, will the awarded bidder only need to provide a driver? A5) The City requires plant materials, trees and palms be unloaded by the delivering plant nursery or delivery company. Q6) In section 14 - Method of Award, how is the lowest responsive, responsible bidder(s) determined if the vendors are not providing prices? A6) Award of this contract will be made to all responsive, responsible bidders, who meet the minimum requirements set forth in this solicitation to provide various types of trees, palms and plant material on an as needed basis. The work awarded pursuant to this ITB shall primarily consist of work in the categories of plant material sales and delivery, and plant material sales, including delivery and installation. It is the intent of the City to pre -qualify vendors in various categories as found in the Bid Price Form, bidders are not required to participate in all categories in order to be considered as part of the pre. qualified pool, 2 These vendors shall then be deemed to be pre -qualified to participate in subsequent spot market purchases as required by the City on either an as - needed or on a periodic basis. When such spot market purchases are initiated, the pre -qualified vendors shall be invited to offer a fixed price for a specific individual purchase. The award to one vendor for a specific individual action does not preclude the remaining pre -qualified vendors from submitting spot market offers for other specific purchases. Also, refer to Appendix C, Paragraph 2.5 (Pg. 28), entitled, Roadmap for Protects Awarded Pursuant to Pool of Pre -qualified Contractors. Q7) In Appendix C - 02, Plant Material Specifications - It states that the vendor should use Canadian peat mix soil, however, local growers mainly use Florida Peat for landscape materials. Is Florida Peat acceptable? A7) Florida Peat is acceptable. See Revision #3 above. Q8) In Appendix C - C2. Plant Material Specifications - It states that older plants that have been pruned back will notbe accepted. However, when growing certain types of plant material pruning the plants is necessary for the plants to become full looking shrubs. Please consider removing this requirement or rewording to allow pruning of plant materials. A8) This specification exists to prevent growers/suppliers from pruning away damaged or discolored portions of the plant, thereby masking nutrient deficiencies, disease, or pest infestations, and as such shall remain in place. Q9) How many days is it estimated to take for a payment to be sent by the City to the vendor after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced? A9) The City estimates that payment be made for approved invoices within 30 calendar days. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado cr,miamibeachfl.gov, Procurement Contact: William Garviso Telephone: 305-673-7000, ext. 6650 Email: WilliamGarviso@miamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission, Alex Denis Procurement Director 3 MIAMIBEAC H City of Miami Beach, 1756 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www,miamibeachfl.gov PROCUREMENT DEPARTMENT Tel; 305-673-7490, ADDENDUM NO. 1 ITB 2017 -019 -WG Trees, Palms and Plant Material: Purchase and Delivery Only and/or Purchase, Delivery and Installation Services July 19, 2017 This Addendum to the above -referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions Issued by the City. The ITB is amended in the following particulars only. I. REVISIONS ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 P.M., on Friday, August 4, 2017, at the following location. City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(a miamibeachfl,gov. Procurement Contact: Telephone: Email: William Garviso 305-673-7000, ext. 6650 WiiliamGarviso@miamibeachfl,gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission, Si s ernent Director 1 IN\/ITATJON TO BID (ITB) 2017 -019 -WG TREES, PALMS AND PLANT MATERIAL: PURCHASE AND DELIVERY ONLY AND/OR PURCHASE, DELIVERY AND INSTALLATION SERVICES BID ISSUANCE DATE: JUNE 9, 2017 BID DUE: JULY 21, 2017 @ 3:00 PM ISSUED BY: m M1AMBEACH William Garviso, Procurement Contracting Officer 11 PROCUREMENT DEPARTMENT 1755 Meridian Avenue, Miami Beach, FL 33139 305.673.7000 x 6650 www.miamibeachfl.gov L., . TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 15 APPENDICES: APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F ITB 2017 -019 -WG PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS .....,.16 "NO BID" FORM 23 SPECIFICATIONS 25 SPECIAL CONDITIONS 34 BID PRICE FORM 36 INSURANCE REQUIREMENTS 38 2 a r^ SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein, All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Bidders(s) (the "contractor[sj") if this ITB results in an award, The City utilizes PublicPurchase (woiww.oubricourchase,com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB, Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this Invitation to Bid is to establish a contract that pre -qualifies vendors to participate in future pricing competition for: 1) the purchase and delivery of commonly used ground cover plant material, trees and palms; or 2) the purchase, delivery and installation of ground cover plant material, trees and palms for various City of Miami Beach departments. Vendors may submit a bid response for: 1) the purchase and delivery of ground cover plant material; or 2) the purchase, delivery and installation of ground cover plant material; or 3) the purchase and delivery of trees; or 4) the purchase, delivery and installation of trees; or 5) the purchase and delivery of palms; or 6) the purchase, delivery and installation of palms. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows` ITB Issued June 9, 2017 Pre -Bid Meeting June 23 2017 @ 2:OOPM Deadline for Receipt of Questions July 11, 2017 @ 5:OOPM Responses Due July 21, 2017 @ 3:OOPM Tentative Commission Approval Authorizing Award TBD 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: William Garviso, CPPB dditionall'y; Ii City Clerk is. to be copied c de via facsimile: 786-3944186 Telephone: Email: 305 673-7000 # 6650 williamcarviso • miamibeachf ..ov ;all 'Orr imuniaattdrisDfa 'n raif at; 'alaet;Granacto a rrriamif�eachfi!""i ato The Bid title/number shall be referenced on all correspondence, All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. ITB 2017 -019 -WG 3 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre -Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room C 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre -Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 5804578 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone, 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 6, CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library,municode.com/index,aspx?clientlD=13097&statelD=9&statename=Florida, Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado©miamibeachfl,gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: htto://web.miamibeachfl.aov/procurement/scroll.asox?id=23510 • CONE OF SILENCE ...................................... • PROTEST PROCEDURES • DEBARMENT PROCEEDINGS • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES ® CAMPAIGN CONTRIBUTIONS BY VENDORS.... ✓ CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES... 9 REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS r LIVING WAGE REQUIREMENT ITB 2017-019- G CITY CODE SECTION 2-486 CITY CODE SECTION 2-371 CITY CODE SECTIONS 2-397 THROUGH 2-485.3 CITY CODE SECTIONS 2-481 THROUGH 2-406 CITY CODE SECTION 2-487 CITY CODE SECTION 2-488 CITY CODE SECTION 2-373 CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE -CERTIFIED SERVICE - DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS, FAVORS & SERVICES CITY CODE SECTION 2-449 B. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly, • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami -Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase, 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2.371 shall be barred, 11. NOT USED. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No, 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service -disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service -disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service -disabled veteran business enterprise, 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended ITB 2 17 19 G for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City, The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputation, judgment, experience and efficiency of the bidder, • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15, INTENTIONALLY OMITTED. 16. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission, The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as -needed basis through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder, 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award, Reasonable efforts will be made to either award the Contract or reject all bids within one -hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening, A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 20, ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements, In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, ITB 017 -019 -WG services, items, equipment, materials, and/or supplies, 21. 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), 22. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions, The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed, Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions, After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department, 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder, 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach, 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least ten (10) calendar days prior to the scheduled Bid opening date, a request for clarification. ITB 2017-01 - G "}t la,1r W Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s) from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, 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 any and all Addendum, and filling in and signing in the spaces provided in section 5,0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department, 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 with a copy to the City Clerk, 30. COLLUSION. Where two (2) or more related parties each submit a bid or bids 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 bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award, Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding. holidays, from 8:30 A.M. to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item, It must be a firm delivery time; no ranges (For example, 12-14 days) will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre -award inspection of the bidder's facility may be made prior to the award of contract. B. 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. ITB 017-01 -WG 8 1 C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid, D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach, E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. 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 supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. 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 ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid, 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 the demonstration of competency required under this subsection. 36. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties, 37. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C, The Bid; then D, The bidder's bid in response to the Bid. 38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as 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 City's bidders list. 39, EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid, Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer, The bidder shall indicate in 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 in the Bid, Other than specified items offered requires complete descriptive technical literature marked: to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID, NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL, Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides ITB 2017-01 •-WG 9 Pa 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. 40. ELIMINATION FROM CONSIDERATION. This bid 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. 41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award -related goods and services to the City on a "first priority" under the emergency conditions noted above, 42. 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. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, 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 Bid and you are proposing alternatives and/or exceptions 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, 44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119,07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119,0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, ITB 2017 -019 -WG 10 unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid, 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors, The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon, The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 49. INSPECTION, ACCEPTANCE & 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 City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 50. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required.under the contract; and shall comply with all Applicable Laws. 51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami -Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the 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 Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws, 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes, Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties, Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws,. rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. ITB 2017 -019 -WO 54. 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 and may result in the bid being non-responsive. 55. 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. 56. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder, Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency, 58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid 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 deemed breach of contract, Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, 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. 60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced, 61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state 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), The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation, Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation, 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). ITB 2 17-019 G 12 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the 'BID FORM". However, in at cases must be provided within five (5) calendar days upon request from Purchasing Agent. 63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division, 64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. 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 the bidder's name. Failure of the 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. 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence, 66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder, However, the City reserves the right to purchase the items from state or other governmental contract, or on an as -needed basis through the City's spot market purchase provisions. 67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid, Any substitute shipments will be returned at the bidder's expense. 68. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes, 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program, A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved, In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice, In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily 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 contract 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 ITB 2017 -019 -WG 13 fr-f the successful bidder is determined. The City may, at its discretion, provide reasonable "cure period" for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection. 71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the 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 contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in 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 earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 72. 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, 73. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order (or Change Order if Purchase Order already exists), In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. ITB 2017-019- G 14 SECTION 0300 BID SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3 -ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address, Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal is to include the following; O TAB 1 — Bid Price Form (Appendix E). The Bid Price Form (Appendix E) shall be completed mechanically or, if manually, in ink. Bid Price Forms submitted in pencil shall be deemed non-responsive. All corrections on the Bid Price Form shall be initialed, a TAB 2 - Bid Certification, Questionnaire and Affidavits (Appendix. A). • TAB 3 — Other Information 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise, ITB 2017 -019 -WG 15 APPENDIX "A' AM BEACH Proposal Certification, Questionnaire & Requirements Affidavit 2017 -019 -WG TREES, PALMS AND PLANT MATERIAL: PURCHASE AND DELIVERY ONLY AND/OR PURCHASE, DELIVERY AND INSTALLATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017 -019 -WG 16 Solicitation No: 2017 -019 -WG Solicitation Title: TREES, PALMS AND PLANT MATERIAL: PURCHASE AND DELIVERY ONLY AND/OR PURCHASE, DELIVERY AND INSTALLATION SERVICES Procurement Contact: William Garviso, CPPB Tel: (305) 673-7000 # 6650 Email: williamgarviso@miamibeachfl,gov PROPOSAL CERTIFICATION, QUESTIO SAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1, General Proposer Information. The City information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements, FIRM NAME: No of Years in Business: No of Years In Business Locally: No of Employees: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: ITB 2017 -019 -WG 17 Veteran Owned Business. Is Pro oser claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT; Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran -owned business or a service -disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer, The Proposer shall request the SQR report from D&B at: ht`.os,flsuooliermrtal. drrb..carriwe'cao.cMcsi'storesfserrlet/Su co) ierPorta I?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800.424.2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within 2 days of request. 3. Conflict Of Interest, All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. 4, References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by an ublic sector agency? YES J NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code, Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub -consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has 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. ITB 2017 -019 -WG 18 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/. 8. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: The City Commission approved Ordinance 2014-3897 on September 30, 2014 increasing the living wage rate to $13.31/hourly without health benefits or $11.62/hourly with health benefits with an effective date of January 1, 2015. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI -U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurement/. SUBMITTAL REQUIREMENT: No additional submittal is required, By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach, A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list In the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance, BENEFIT Firm Provides for Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave If -Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance ITB 2017 -019 -WG 19 providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 10. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287,017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list, SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287,133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 11, Non -Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13, Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e -procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation, Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. If a Initial to Confirm Receipt Initial to Confirm Receipt Initial to Confirm Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 dditional confirmation of addendum is required. submit under sAna rate nnvPr 14. Fair Chance Requirement. Beginning on December 1, 2016, the city shall not enter into a contract, resulting from a competitive solicitation issued pursuant to this article, with a business unless the business certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the city's Fair Chance Ordinance, set forth in article V of chapter 62 of this Code, SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. ITB 2017 -019 -WG 20 DIS;'LOSCIREANDI DISCLAIMER SECTIO The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award wit be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice, Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government -in -the -Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law, All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2017 -019 -WG 21 OP SER CE T'IIErCATCOPP I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate, Name of Proposer's Authorized Representative: Title of Proposers Authorized Representative: Signature of Proposers Authorized Representative: Date: State of personally On this _day of , 20_, appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: ITB 2017 -019 -WG 22 APPENDIX B A'✓11 BEACH "No Bid" Form 2Q17 -019 -WG TREES, PALMS AND PLANT MATERIAL: PURCHASE AND DELIVERY ONLY AND/OR PURCHASE, DELIVERY AND INSTALLATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017 -019 -WG Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond ® Specifications unclear or too restrictive ® Unable to meet specifications Unable to meet service requirements ®Unable to meet insurance requirements Do not offer this product/service OTHER. (Please specify) We do do not _ want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: William Garviso, CPPB BID # 2017 -019 -WG 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 ITB 2017 -019 -WG 24 APPENDIX C AM BEACH Specifications 2017 -019 -WG TREES, PALMS AND PLANT MATERIAL: PURCHASE AND DELIVERY ONLY AND/OR PURCHASE, DELIVERY AN:, INSTALLATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017 -019 -WG 25 C1. Scope of Services Award of this contract will be made to all responsive, responsible bidders, who meet the minimum requirements set forth in this solicitation to provide various types of trees, palms and plant material on an as needed basis. The work awarded pursuant to this ITB shall primarily consist of work in the categories of plant material sales and delivery, and plant material sales, including delivery and installation, It is the intent of the City to pre -qualify vendors in various categories as found in the Bid Price Form, bidders are not required to participate In all categories in order to be considered as part of the pre -qualified pool. These vendors shall then be deemed to be pre -qualified to participate in subsequent spot market purchases as required by the City on either an as -needed or on a periodic basis. When such spot market purchases are initiated, the pre -qualified vendors shall be invited to offer a fixed price for a specific individual purchase. The award to one vendor for a specific individual action does not preclude the remaining pre -qualified vendors from submitting spot market offers for other specific purchases. It shall be the sole prerogative of the City as to the number of vendors who will be initially included under this contract, Successful bidders awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the requested specifications. Bidders past performance with the City, if applicable, may be used in the evaluation process in determining recommendation for award. C2. Plant Material Specifications. All plants must be Florida Grade No. 1 or better according to the most current Florida Nursery Grades and Standards, Plants must be insect, disease, fungus and weed -free, Any plant materials obtained as a result of this contract that are found to have insects (dead or alive) or which do not meet the aforementioned requirements shall be refused and shall require replacement. Note* Plant material considered Florida Fancy grade may be a determining factor in the selection and award of materials on a project by project basis. All plants provided as one shipment or order with multiple shipments shall be supplied at an equal height. Plants should be individually potted, not grown in cell packs or cell trays, Plants must be rooted out in pots but not bound; plants recently up -potted will not be acceptable. Older plants that have been pruned back will not be accepted. Plants should be grown in Canadian peat mix soil. 2.1 Plant Material Delivery. To insure the availability of plant material in the quantities, species and sizes required, the City of Miami Beach will make every effort to notify the contractor, whenever possible five days in advance of required shipments of 500 or more plants. A. When requested, plant material shall be delivered by truck to designated locations. Contractor shall not unload material at any delivery location prior to inspection and acceptance by the City Project Manager, B. Delivery requirements, locations and dates will be finalized with the Contractor when order is placed. C. Time is of the essence for any orders placed as a result of this bid. Deliveries must be completed following the receipt of a purchase order and written requested delivery date. ITB 2017 -019 -WG 41111111.111111106 ,111111111111111111111111111111/1111111 26 Contractor must advise of any delivery delay, The City reserves the right to cancel any order, part thereof, without obligation, if delivery is not made in accordance with the schedule specified by the bidder and acceptance by the City. D. Continuous late deliveries by the Contractor shall constitute cause for contract cancellation, 2.2 Plant Material Inspection / Rejection / Replacement A. The City reserves the right to inspect all materials upon delivery and prior to acceptance. Material not in compliance with the specifications shall be refused. The City shall have no liability for any costs associated with such refusal and removal of plant material from the delivery site. B. Contractor shall promptly replace any unacceptable materials with a product that is in compliance with contract specifications. Repeated failure of the Contractor to provide acceptable materials may result In contract cancellation. 2.3 Coconut Trees Malayan dwarf and Maypan coconuts shall be grown from Animal and Plant Health Inspection Service (APHIS) -certified seeds nuts from Jamaica or Costa Rica. Vendor shall provide proof when requested by the City Project Manager in the ITQ. 2.4 Tree and Palm Material Installation Specifications, A. Trees shall be installed as specified in "Grades and Standards for Nursery Plants", the Florida Department of Agriculture and Consumer Services Division of Plant Industry in accordance with standardized horticultural procedures. B. Plant material shall be planted at their natural and original planting level prior to their placement on this project. When lowered into the hole, the plants shall rest on the prepared hole bottom such that the surface roots at the top of the rootball are level or slightly below the level of the surrounding final grade after settlement.' the practice of plunging, burying or planting any plant material such that the surface roots at the top of the rootball are below the level of the surrounding final grade, will not be permitted unless it is indicated otherwise or it is approved in writing by the City Project Manager prior to such action being taken. The plants shall be set straight or plumb or normal to the relationship of their growth prior to transplanting. C. Plant material too large for hand handling, if moved by winch or crane, must be thoroughly protected from chain, rope or cable marks, girdling, bark slippage, limb breakage and any other damage that might occur by improper handling or negligence. D. Apply fertilizer to shrub, groundcover beds, palms and trees three (3) weeks after planting. E. Water plants thoroughly two days prior to applying fertilizer, and wash fertilizer off plant leaves immediately after fertilizing, F. Mulch: Within 24 hours after planting. The mulch shall be uniformly applied to a depth of approximately two -inches, or other depth as indicated otherwise, over all shrub and ground cover areas, (except wedelia and purple queen) around trees and palms in sod areas and any other areas indicated. Keep mulch back one inch from trunks or stems. G, Watering After Planting: 1. Initially, water the plant material to develop uniform coverage and deep water penetration of at least six inches. Avoid erosion, puddles, and washing soil away from plant roots, 2. Provide continuous watering of plant material after installation to achieve optimum growth conditions and establishment, Water shall be applied as necessary and the amount of water and frequency of watering shall be based on the specific needs of each plant type, the time of year, amount of rainfall and other environmental conditions it is exposed to. H. Additional installation specifications may be requested by the City as determined by the plant ITB 2017 -019 -WG 27 materials being requested. The City Project Manager will identify varying installation requirements during the ITQ process. 2.5 Roadmap for Projects Awarded Pursuant to Pool of Prequalified Contractors. Award of this contract will be made to all responsive, responsible bidders, who meet the requirements set forth in this solicitation which will pre -qualify vendors to participate in future pricing competition for: 1) the purchase and delivery of commonly used ground cover plant material, trees and palms; or 2) the purchase, delivery and installation of ground cover plant material, trees and palms for various City of Miami Beach departments. Vendors may submit a bid response for: 1) the purchase and delivery of ground cover plant material; or 2) the purchase, delivery and installation of ground cover plant material; or 3) the purchase and delivery of trees; or 4) the purchase, delivery and installation of trees; or 5) the purchase and delivery of palms; or 6) the purchase, delivery and installation of palms. Spot market pricing procedures may be initiated by either the using City department or by City Procurement Director or designee. In general, written spot market quotes will be gathered from at least three (3) vendors whenever possible. The quotation procedures specific to this contract are as follows: • For projects with an estimated cost up to $50,000, the City may solicit written or telephone quotes prior to requesting a Purchase Order be issued for the work. • For projects with an estimated cost exceeding $50,000, the project/contract manager may solicit written quotes. Prior to issuing a Purchase Order for projects in this category, the City Manager's approval is required, • The cost of any ancillary third -party services that are provided by the vendor, with prior approval of the City project Manager, may be determined in the manner prescribed above, • Photographs must be submitted for one of each requested plant material with the ITQ to the City to verify plant quality. • Quote submission verifies to the City at that time that the vendor can deliver all of the 'requested plant material within 5 calendar days a purchase order issuance. The vendor can only extend the delivery time period through prior written approval from the City. • The City reserves the right to pick up plant materials at the successful bidders location and, thereby, removing any potential delivery charges from the ITQ cost. • Priority may be given to those bidders that provide all of the requested plant material at the lowest overall cost, provided that the plants meet the minimum standards set in this ITB, • In determining the best contractor for the project, in addition to price, the following may be considered: (1) The ability and capacity of the bidder to provide the requested plant materials, (2) Whether the bidder can deliver the requested materials within the time specified, without delay or interference. (3) Whether the bidder has the highest quality plant material (defined as Florida Fancy) in the quantities required. (4) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 2.6 Contact Information. Bidder shall provide a dedicated Contact Person, Phone Number and E -Mail Address, This person must be available to answer telephone communications during normal ITB 2017 -019 -WG 1111111111111111 28 working hours (Monday thru Friday), and an answering machine/service individual is not available, 2,7 Invitation to Quote, When written quotes are requested, the Project Department requesting materials shall prepare an Invitation to Quote (ITQ). but not be limited to the following: 1. Location where material is to be delivered 2. Technical specifications 3. Delivery date 4. Name of the Project Manager 5. Deadline for submission of ITQ quotes 6. Liquidated damages if applicable 7. Warranty and installation requirements (where applicable) Written Price Quotations submitted under the ITQ shall be irrevocable for a period of thirty (30) days from the ITQ submission date, for occasions that an Manager for the City The ITQ shall include The City reserves the right to reject any and all bid prices, rebid or cancel an ITQ at any time. The City will pay, and the Contractor shall accept as full compensation for providing the material under an ITQ, the sums specified in the ITQ, as accepted by the City. 2.8 ITQ Pre -Bid Conference/Site Visit (Mandatory). When requested by the City, a mandatory pre- bid conference will be held to discuss the specifications contained in the ITQ, All contacted Contractors are required to attend. The purpose of the pre-bid conference is to allow potential bidders an opportunity to visit the site, present questions to staff and obtain clarification of the requirements of the ITQ documents, Because the City considers the conference to be critical to understanding the ITQ requirements, attendance is mandatory in order to respond to the ITQ. The ITQ will state the time and place for the pre-bid conference/site visit, if applicable. Except in cases of emergencies or in time of constraints, the City will use reasonable efforts for scheduling such pre-bid conference/site visit within forty-eight (48) hours of distribution of the applicable ITQ. 2.9 Back Orders. The City shall not accept any back orders of deliveries from the vendors unless otherwise agreed upon, in writing, at the time of the award of an Invitation to Quote. Accordingly, vendors are required to deliver all goods and services to the City within the time specified in the ITQ. No grace period shall be honored unless written authorization is issued by the originator of the order and a recommitted date is established. The vendor shall not invoice the City for back ordered items until such back ordered items are delivered and accepted by the City's Project Manager, 2.10 Damages to Public/Private Property. The contractor shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the contractor, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done), Building and other damages caused by Contractor's employee(s) shall be estimated by the Project Manager and computed actual costs of repairs shall be deducted from the Contractor's billing(s). 2.11 Safety Measures, Contractor shall take all necessary precautions for the safety of employees, and ITB 2017 -019 -WG 29 shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable, The contractor shall use only equipment that is fully operational and in safe operating order, Contractor shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity - work shall cease until it is safe to proceed. 2.12 Labor, Supervision, Materials and Equipment. The Contractor shall furnish, at his/her own expense, all labor, supervision, equipment, materials, supplies, paper products, and other equipment necessary for satisfactory completion of all the services as specified in this Invitation to Bid. 2.13 Liquidated Damages. Upon failure to deliver the requested material in accordance with the specifications and to the satisfaction of the City within the time stated in the ITQ, the bidder shall be subject to assessment of liquidated damages in the amount specified in the ITQ for each and every calendar day the material delivery remains incomplete (not to exceed the total amount of the contract), as compensation due to the City for loss of use and for additional costs incurred by the City due to such non -completion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the bidder under this agreement or to invoice the bidder for such damages if the costs incurred exceed the amount due to the bidder, 2.14 Force Majeure. Except as otherwise expressly provided herein, neither party shall be considered in default in the performance of its obligations hereunder to the extent that such performance is prevented or delayed by any cause, existing or future, which is not within the reasonable control of such party including, but not limited to, acts of God or public enemy, fire, explosions, rots, strikes (not including strikes of the Contractor's Staff Personnel), or war. Notwithstanding the foregoing, the failure of any of the Contractor's suppliers, or the like shall not excuse. the Contractor's performance except to the extent that such failures are due to any cause without the fault and reasonable control of such suppliers, or the like including, but not limited to, acts of God or the public enemy, fires, explosions, riots, strikes (not including strikes of personnel of the Contractor's suppliers), or war. 2.15 Delivery Tickets. Vendors shall enclose a completed delivery ticket with any goods to be delivered in conjunction with this Invitation to Bid. The delivery ticket shall be made available to the. City's Project Manager during delivery. The delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; plant type, plant size, quantity, and delivery location if applicable; and back -order quantities and estimated delivery of back -orders if applicable, 2.16 Invoices/ Payment. No payment will be made for poor quality plant material. Contractor must provide notification of delivery. The contractor will only receive payment for the number of plants supplied prior to submitting an invoice. It is the responsibility of the Contractor to submit a detailed invoice which includes: purchase order number; date of order; plant type, plant size, quantity, and delivery location. 2.17 Pallets. Vendors shall retrieve pallets that accompany any orders. The City shall not be responsible for the return of the pallets, nor will a deposit for pallets be paid to the vendor. Vendors shall dispose of all excess packing in a legal manner leaving the site(s) clear of debris. ITB 2017 -019 -WG 30 SAMPLE PLANT MATERIAL LIST GROUP A COMMONLY USED GROUND COVERS- MINIMUM SIZES Scientific Name Common Name Pot Size Height and Spread Arachis glabrata Ornamental Peanut 1 Gallon Full Pot Borrichia frutescens Sea Oxeye Daisy 1 Gallon Full Pot Carissa macrocarpa Carissa 3 Gallon 14"x14" Chrysobalnus icaco Cocoplum 'Red Tip' 3 Gallon 16" x 16" Chrysobalnus icaco Cocoplum 'Red Tip' 7 Gallon 22" x22" Chrysobalnus icaco Cocoplum 'Red Tip' 15 Gallon 35" x 24" Chrysobalnus icaco Cocoplum 'Red Tip' 25 Gallon 48" x 36" Chrysobalnus icaco Cocoplum 'Red Tip' 45 Gallon 60" x 48" Chrysobalnus icaco"Horizontal" Horizontal Cocoplum 3 Gallon 12" x 12" Clusia guttifera 'Nana' Dwarf Dwarf Clusia 3 Gallon 14"x14" Clusia guttifera Small Leaf Clusia 3 Gallon 16"x16" Clusia guttifera Small Leaf Clusia 7 Gallon 24"x24" Clusia guttifera Small Leaf Clusia 15 Gallon 36"x36" Clusia guttifera Small Leaf Clusia 25 Gallon 48" x 36" Clusia guttifera Small Leaf Clusia 45 Gallon 60" x 48" Codiaeum variegatum 'Mammey' Croton Mammey 3 Gallon 16"x16" Conocarpus erectus Green Buttonwood 3 Galion 16'xt6" Conocarpus erectus Green Buttonwood 7 Gallon 24"x24" Conocarpus erectus Green Buttonwood 15 Gallon 36"x36" Conocarpus erectus 'sericeus' Silver Buttonwood 3 Gallon 16"x16" Conocarpus erectus 'sericeus' Silver Buttonwood 7 Gallon 24"x24" Conocarpus erectus 'sericeus' Silver Buttonwood 15 Gallon 36"x36" Cotoneaster spp, Cotoneaster 3 Gallon 16"x16" Crinum augustum 'Queen Emma' Queen Emma 15 Gallon 24" Dianella enfifolia Flax Lily 3 Gallon 12" x Full Pot Dianella tasmanica Blueberry Flax Lily 3 Gallon 12" x Full Pot Ernodea littoraliis Golden Creeper 1 Gallon Full Pot Ficus macrocarpa 'Green Island' Green Island Ficus 3 Gallon 12"x12" Jasminum volubile Wax Jasmine 3 Gallon 16"x16" Juniperus chinensis 'Parsonii' Juniper Parsonii 3 Gallon 10"x10" Juniperus conferta'Blue pacific' Juniper Blue Pacific 3 Gallon 10"x10" Lantana spp. Lantana 1 Gallon Full Pot Muhlenbergia capillaris Muhly Grass 3 Gallon 15" x Full Pot Nerium oleander 'Petite Pink' Petite Pink Oleander 3 Gallon 16"x16" Podocarpus macrophyllus Podocarpus 3 Gallon 16"x16" Podocarpus macrophyllus Podocarpus 7 Gallon 24"x24" ITB 2017 -019 -WG 31 Psychotria ligustrifolia Bahamain Wild Coffee 3 Gallon 16"x16" Psychotria nervosa Wild Coffee 3 Gallon 16"x16" Rhaphiolepis indica Indian Hawthorn 3 Gallon 14"x14" Spartina alterniflora Cordgrass 3 Gallon 15" x Full Pot Tripsacum dactyloides Fakahatchee Grass 3 Gallon 18" x Full Pot Tripsacum Floridanum Dwarf Fakahatchee Grass 3 Gallon 15" x Full Pot Uniola paniculata Sea Oats 1 Gallon 12" x Full Pot Uniola paniculata Sea Oats 3 Gallon 12" x Full Pot GROUP B COMMONLY USED TREES- MINIMUM SIZES Scientific Name Common Name Caliper Height and Spread Bucida buceras Black Olive 3" 14' x 5' Bucida buceras Black Olive 4" 16' x 8' Bulnesia arborea Verawood 3" 14' x 5' Bulnesia arborea Verawood 4" 16 x 8' Bulnesia arborea Verawood 5" 18' x 10' Bursera simaruba Gumbo Limbo 3" 14' x 5' Calophyllum brasiliense Calophyllum 3" 14' x 5' Calophyllum brasiliense Calophyllum 4" 16' x 8' Calophyllum brasiliense Calophyllum 5" 18' x 10' Chrysophyllum oliviforme Satinleaf 2.5" 12' x 5' Chrysophyllum oliviforme Satinleaf 4" 16' x 8' Coccoloba diversifolia Pigeon Plum 3" 14' x 5' Coccoloba diversifolia Pigeon Plum 4" 16' x 8' Coccoloba diversifolia Pigeon Plum 5" 18' x 10' Cocoloba uvifera Seagrape 3" 14' x 5' Cocoloba uvifera Seagrape 4" 16' x 8' Conocarpus erectus Green Buttonwood 3" . 14' x 5' Conocarpus erectus Green Buttonwood 4" 16' x 8' Conocarpus erectus var, sericeus Silver Buttonwood 3" 14' x 5' Conocarpus erectus var, sericeus Silver Buttonwood 4" 16' x 8' Cordia sebestena Geiger Tree 3" 14' x 5' Delonix regia Royal Poinclana 3" 14' x 5' Delonix regia Royal Poinciana 4" 16' x 8' Delonix regia Royal Poinciana 5" 18' x 10' Eugenia axillaries White Stopper 2.5" 12' x 5' Eugenia axillaries White Stopper 3.5" 14' x 5' Eugenia foetida Spanish Stopper 2.5" 12' x 5' Eugenia foetida Spanish Stopper 3.5" 14' x 5' Eugenia rhombea Red Stopper 2.5" 12' x 5' ITB 2017 -019 -WG 32 Gymnanthes lucida Crabwood Tree 2.5" 12' x 5' Ilex cassine Dahoon Holly 2.5" 12' x 5' Lagerstroemia indica Crape Myrtle 3" 14' x 5' Lagerstroemia indica Crape Myrtle 4" 16' x 8' Lysiloma bahamensis Wild Tamarind 3" 14' x 5' Lysiloma bahamensis Wild Tamarind 4" 16' x 8' Lysiloma bahamensis Wild Tamarind 5" 18' x 10' Myrcianthes fragrans Simpson's Stopper 2.5" 12' x 5' Quercus virginiana Live Oak 3" 14' x 5' Quercus virginiana Live Oak 4" 16' x 8' Quercus virginiana Live Oak 5" 18' x 10' Sirnaruba gluaca Paradise Tree 3" 14' x 5' Swietenia mahogani Mahogany 3" 14' x 5' Swietenia mahogani Mahogany 4 16' x 8' Swietenia mahogani Mahogany 5" 18' x 10' GROUP C COMMONLY USED PALMS- MINIMUM SIZES Scientific Name Common Name Height and Spread Cocos nucifera Coconut Palm 12' CLT Cocos nucifera Coconut Palm 18' CLT Phoenix canariensis Canary Island Date Palm 12' CLT Phoenix canariensis Canary Island Date Palm ' 18' CLT Phoenix dactylifera w/diamond cuts Medjool' Date Palm , 12' CLT Phoenix dactylifera w/diamond cuts Medjool' Date Palm 18' CLT Phoenix sylvestris w/diamond cuts Wild Date Palm 12' CLT Phoenix sylvestris w/diamond cuts Wild Date Palm 18' CLT Roystonea regia Royal Palm 12' CLT Roystonea regia Royal Palm 18' CLT Sabal palmetto Sabal Palm 14' CLT Sabal palmetto Sabal Palm 18' CLT Thrinax radiata Florida Thatch Palm 8' CLT ITB 2017 -019 -WG 33 APPENDIX D Ai ✓11 BEACH Special Co ditions 2017 -019 -WG TREES, PALMS AND PLANT MATERIAL: PURCHASE AND DELIVERY ONLY AND/OR PURCHASE, DELIVERY AND INSTALLATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017 -019 -WG 34 1. TERM OF CONTRACT. The contract shall commence upon the completion of a fully executed agreement, unless otherwise stipulated in the Notice of Award letter, and contingent upon the completion and submittal of all required bid documents. This contract shall remain in effect for one (1) year; provided that the services rendered by the Bidder during the contract period are satisfactory and that City funding is available as appropriated on an annual basis and upon completion of the expressed and/or implied warranty period. 2. OPTIONS TO RENEW. Prior to, or upon completion, of the initial contract term, the City, through its City Manager, will have the option to renew this contract for four (4) additional one-year periods on a year to year basis. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the vendor. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. NOTE: IF MULTIPLE VENDORS ARE INVOLVED UNDER THE GIVEN CONTRACT, ANY OPTIONS TO RENEW WILL BE RESTRICTED TO THE SPECIFIC ITEMS OF WORK INITIALLY AWARDED TO ANY SPECIFIC VENDOR. ITB 2017 -019 -WG 35 tral APPENDIX E A/ 3EACH Bid Price Form 2017 -019 -WG TREES, PALMS AND PLANT MATERIAL: PURCHASE AND DELIVERY ONLY AND/OR PURCHASE, DELIVERY AND INSTALLATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017 -019 -WG 36 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of bids will result in bid being deemed nonresponsive and being rejected•, Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance, The Bid Price Form shall be completed mechanically or, if manually, in ink, Bid Price Forms completed in pencil shall be deemed non• responsive. All corrections on the Bid Price Form shall be initialed, It is the intent of the City to pre -qualify vendors as categorized below, bidders are not required to participate in all categories in order to be considered as part of the pre -qualified pool Vendors may submit a bid response for: 1) the purchase and delivery of ground cover plant material; or 2) the purchase, delivery and installation of ground cover plant material; or 3) the purchase and delivery of trees; or 4) the purchase, delivery and installation of trees; or 5) the purchase and delivery of palms; or 6) the purchase, delivery and installation of palms. GROUP A. COMMONLY USED GROUND COVERS. MINIMUM SIZES (refer to Sample Plant Material List, Group A) We wish to be Pre -qualified to participate in future pricing competition for the sales and delivery Yes_ No_ We wish to be Pre -qualified to participate in future pricing competition for the sales, delivery and installation Yes_ No_ GROUP B• COMMONLY USED TREES • MINIMUM SIZES (refer to Sample Plant Material List, Group B) We wish to be Pre -qualified to participate in future pricing competition for the sales and delivery Yes_ No_ We wish to be Pre -qualified to participate in future pricing competition for the sales, delivery and installation Yes_ No� GROUP C COMMONLY USED PALMS- MINIMUM SIZES (refer to Sample Plant Material List, Group C) We wish to be Pre -qualified to participate in future pricing competition for the sales and delivery Yes._ No_ We wish to be Pre -qualified to participate in future pricing competition for the sales, delivery and installation Yes_ No_ Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017 -019 -WG 37 APPENDIX F INO1 BEACH Insurance Requirements 2017019 -WG TREES, PALMS AND PLANT MATE'IAL: PURCHASE AND DELIVERY ONLY AND/OR PURCHASE, DELIVERY AND INSTALLATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017 -019 -WG 38 f BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. 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 proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2017 -019 -WG 39 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Detail by FEUEIN Number Page 1 of 2 iorg Decar!rient pf State / Divimn of Corporations / Search Racards / Detail 3v Document Number / Detail by FEI/EIN Number Florida Profit Corporation COUNTRY BILL'S LAWN MAINTENANCE, INC. Filin Ircitation Document Number K31934 FEI/EIN Number 65-0074417 Date Filed 08/29/1988 State FL Status ACTIVE Principal Address 13363 N.E. 16 AVE. NORTH MIAMI, FL 33161 Changed: 05/01/1995 Mailing Address 13363NE, 16 AVE. NORTH MIAMI, FL 33161 Changed: 05/01/1995 Registeredgent Name & Address ALLRED, JOHN 13363 NE. 16 AVE NORTH MIAMI, FL 33161 Name Changed: 04/12/2005 Address Changed: 05/01/1995 Officer/Director Detail Name & Address Title P ALLRED, JOHN 13363 N.E. 16 AVE. NORTH MIAMI, FL 33161 Title V ALLRED, JOHN http ://search sunbiz.organquiry/C orporation S earch/S earchResul tDetail?ing... 9/27/2017 Detail by FEI/EIN Number Page 2 of 2 13363 N.E. 16 AVE. NORTH MIAMI, FL 33161 Annual Re.orts Report Year Filed Date 2015 03/19/2015 2016 03/28/2016 2017 03/18/2017 Document Images 03/13;20 ' 7- ANNUAL DEPORT 03,23,2013 -- ANNUAL REPORT 03;19/20!5 --ANNUAL REPORT' 03/04,20 I i -- ANNUAL REPORT 01,29,20!3 --ANNUAL REPORT 01,25/2012 -- ANNUAL REPOPT 04,06/2011 -- ANNUAL REPORT 01114120'0 -- ANNUAL REPORT 03/19,2009 -- ANNUAL REPORT 03/13/2008-?NNIUAL REPORT 04,-23,2007 -- ANNUAL REPORT 04,05,2006 -- ANNUAL REPORT 04/12/2005 --ANNUAL REPORT 04,15/2004 -- ANNUAL REPORT 02/18/2003 -- ANNUAL REPORT 01/22/2002 --ANNUAL REPORT 01/25/2001 -- ANNUAL REPORT 05/12/2000 -ANNUAL REPORT 04/23/1999 --ANNUAL REPORT 05/20/1998 --ANNUAL REPORT 05/20/1997 -ANNUAL REPORT 04/25/1996 -ANNUAL REPORT 05/01/1995 --ANNUAL REPORT View image in PDF format Vie,,v image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 1 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format F1,01, Oil :, ,,. r^pr3:.urs http://search,sunbiz.org/Inquiry/CorporationSearch/S earchR.esultDetail?inq... 9/27/20 17 I\VITATION TO BID (ITB) 2017 -019 -WG TREES, PALMS AND PLANT MATERIAL: PURCHASE AND DELIVERY ONLY AND/OR PURCHASE, DELIVERY AND INSTALLATION SERVICES BID ISSUANCE DATE: JUNE 9, 2017 BID DUE: JULY 21, 2017 @ 3:00 PM ISSUED BY: m M1AMBEACH Wiiiicrni Gar"Visso, Procurement Contracting Officer 11 PROCUREMENT DEPARTMENT 1755 Meridian Avenue, Miami Beach, FL 33139 305.673.7000 x 6650 www.miamibeachfl.gov APPENDIX E BID PRICE FORM R itr ifs eirfirety'andful40 *cited ill deadtiriostablishecl for the receipt of bids will irtbidbe n deemed ork res ansiud airdbe re¢eete Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non- responsive. All corrections on the Bid Price Form shall be initialed. It is the intent of the City to pre -qualify vendors as categorized below, bidders are not required to participate in all categories in order to be considered as part of the pre-qualifled pool. Vendors may submit a bid response for; 1) the purchase and delivery of ground cover plant material; or 2) the purchase, delivery and installation of ground cover plant material; or 3) the purchase and delivery of trees; or 4) the purchase, delivery and installation of trees; or 5) the purchase and delivery of palms; or 6) the purchase, delivery and installation of palms. GROUP A- COMMONLY USED GROUND COVERS- MINIMUM SIZES (refer to Sample Plant Material List, Group A) We wish to be Pre -qualified to participate in future pricing competition for the sales and delivery Yes o� We wish to be Pre -qualified to participate in future pricing competition for the sales, delivery and installation Yes v✓No_ GROUP 8- COMMONLY USED TREES - MINIMUM SIZES (refer to Sample Plant Material, List, Group B) We wish to be Pre -qualified to participate in future pricing competition for the sales and delivery Yes No We wish to be Pre -qualified to participate in future pricing competition for the sales, delivery and installation Yes_? 1,1o__ GROUP C COMMONLY USED PALM& MINIMUM SIZES (refer to Sample Plant Material List, Group C) We wish to be Pre -qualified to participate in future pricing competition for the sales and delivery Yes lo_ We wish to be Pre -qualified to participate in future pricing competition for the sates, delivery and installation Yes o Wee Telephone: Email: Authorized Representative's Signature: sem'xgtsuucrmx�4-st;e�:hrssr+r,�rnlaxa�ez2^aaae�,^Y:ttuxfti.TJt:�s, tay.:,`�a:umxoax�aa��rrsasan,uara��t,uaueaa3��ir'x�rm'+�'k�asxdst'PzurnnirinEYet�'axu�ziYraexx3�vagasttNur.�:ti ITB 2017 -019 -WG 37 Solicitation No: 2017 -019 -WG Solicitation Title: TREES, PALMS AND PLANT MATERIAL: PURCHASE AND DELIVERY ONLY AND/OR PURCHASE, DELIVERY AND INSTALLATION SERVICES Tel: Email: (305) 673-7000 # 6650 wiliiamgarviso a@miamibeachfl,gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated, This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. Genera! Proposer Information. Procurement Contact: William Ganiiso, CPPB The City rues e ,4,-.1,1.1.,, seek additional Information from Proposer or other source(s), including but not {united to: any firm or principal Information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements, FIRM NAME: A(-/€11151 t�A, Aa0.4- ,. ee No of Years in Business; ry Ci ss Locally: No of Years in BBuusin 10 YEARS: No of Employees: i 1 OTHER NAMES) PROPOSER HAS OPERATED UNDER IN THE LAST FIRM PRIMARY ADDRESS (HEADQUARTERS): i 3 6 L I(c >4 CITY: STATE: i w ZIP CODE: / TELEPHONE NO.: � 1 TOLL FREE NO.: FAX NO,: r f 9 f J! FIRM LOCAL ADDRESS: g CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:L11r /4 ACCOUNT REP TELEPHONE NO.: a C� _ ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL:(�vk n r - & ♦ / a AO/0 [[ FEDERAL TAX IDENTIFICATION NO.: th amtatru�o-avxnunaem�.x-�xrmvya;yapsc.!aa��+u�.�rsc«ss^a�c:^� mune�n�ervsst�,t�+a:�m�aenaaeraswwr�snmrsnum�.'en�:uattsw�.a:aa:�ssrr,�,m,, cexuxaatKsc�rfnuz�c�rnec�mttaszs:m�tm%gsv��&sr�e;u:c;a°.uawamam�rciew ITB 2017.014 VVG 17 1, Veteran Owned Business. Is Pro oser claiming a vete , awned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran -owned business or a service -disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer, The Proposer shall request the SQR report from D&B at: httos://supolierportaLd nb. com/webapp/wcs/stores/servlet/Suppli erPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495, SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within 2 days of request. 3, Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s)'of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. 4. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation, SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contacts Email and 6) Narrative on Scope of Services Provided, 5. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due tonon- erformance by an ublic r agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6, Vendor Campaign Contributions, Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub -consultants) with a controlling financial interest as defined in solicitation, For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has 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, AftwommensavimmatmanwemewntiftwyeamotrAmagemtowahanm ITB 2017-01 9 -WG 18 7. Code of Business Ethics, Pursuant b City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics, In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/. 8. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: The City Commission approved Ordinance 2014-3897 on September 30, 2014 increasing the living wage rate to $13.31/hourly without health benefits or $11.62/hourly with health benefits with an effective date of January 1, 2015, The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI -U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%), The City may also, by resolution, elect not to index the living wage rate In any particular year, if it determines it would not be fiscally sound to implement same (in a particular year), Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www,miamibeachfl.gov/procurement/. SUBMITTAL REQUIREMENT: No additional submittal is required, By virtue of executing this affidavit document, Proposer agrees to the living wage requirement, 9. Equal Benefits for Employees with Spouses and Employees with Domestic. Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 'requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach, A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? YES ANO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified, Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance ITB 2017 -019 -WG 19 providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance; To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee, Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www,miamibeachfl.gov/procurement!. 10. Public Entity Crimes, Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 11. Non -Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability, SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code, 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT; No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Acknowledgement of Addendum. After Issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or after solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e -procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation, Failure. to obtain and acknowledge receipt of all addendum may result in proposal disqualification. If a Initial to Confirm Initial to Confirm Receipt Initial to Confirm Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 dditional confirmation of addendum is reauired. submit antler RArlPrqfq rywAr 14, Fair Chance Requirement. Beginning on December 1, 2016, the city shall not enter Into a contract, resulting from a competitive solicitation issued pursuant to this article, with a business unless the business certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the city's Fair Chance Ordinance, set forth in article V of chapter 62 of this Code. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375, ITB 2017.019 -WG 20 ''',151$SCLOSUREMDtit [.AIME SE The solicitation referenced herein is being furnished to. the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City, In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion, The information contained herein is provided solely for the convenience of prospective Proposers, It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipients own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness, No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal, This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement, The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among,the parties, Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government -in -the -Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses, At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed: -upon and liquidated damages, The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City, In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 41,0042161.V MGAIvC:H:e.40 144krgi4;3 WANT'.WaFMIIIV TUAT.txrxWA.a Y:.'M:ab'.k' iN:ro-'It X": ITB 2017.014-VVG 2I I hereby certify that I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Re. uirements Affidavit are true and accurate. Name of Proposer's Authorized Representabye; r,� Signature of Propa. s Authorized R .rase tative: State of ' ' (u 0' ' ) personally County of t a t-PA of Cochoa y tttl.1 cava corporation, and that the Instrument was signed in behalf of the said corporation by authority of its board of directors and ackn+: ed • -d said instrument to be its voluntary act and deed, Before Title of Proposer's Authorized Representative: Date; pi -es On this !! day of�,=r,—, 20) 2 appeared before meJON Not. tkhatC3iho stated that (s)he is the P441,064T— LEBRON MY COMMISSION #GG053878 EXPIRES: DEC 17, 2020 Bonded through 1st State Insurance Notary Public for the Stat My Commission Expires: 12 AVkF1.0:44..Anta4M41,2tl71*,.,10,ii.W1f4031.'lk:.&V...,11,,,L::fiS'stia•#4s+}J=K�YJC.��UgFLA'84'HIliG1Y'.c�11}gya;'aT1CSkAd:N9YF4.iifl:.`f,!kAN.tiiAlf:3h3PJ,m'JNS:.t'ibC Jcg'LV(kk'.tYrl LlliL9Xf[KH88tlDRY!RL£G ITB 2017 -019 -WG tAFt1lMXxdll�f:+RM.�d:5IFb9R�Cn'Rkii`A4�i'YAddtNAt 22 0 .i. Ji1i1i.1ir11i1i Jiilf l i. 11 1i 1. g _ - : ii 1 i 3 1 M 11 VENDOR NAME VENDOR NAME VENDOR NAME _ _,.., .. , • . Vieuel Scene Inc. Country Bilis Lem. MelMitaAnec„ 17601 NW 137 Awe Mlartil FL Inc, 13..3 Superior Lendsceping E Lawn 22016Ewa. litc. NE 16 Aye NOM 67iemi, fl 32161 k 2200 (3031662440d 303 700 Oltiv 4.,ha NVO 22 Ano.MAlul FL 32142 Wen Vila Allred- pee) 664 id i 7 dn.. Oien 6 lelloevieueluapelne.com Johaalliekrreul Gem Superlendeeepeeiledieuelli lieu , igsI 0 F.. i 14: 2 22222 ?I 11.11 11,, ›.. ,- ›.• >- Compliant Compliant Not Requested ‹<5g , , . , No Compliant Coma.. L'L.??,..g.T2.3772-t-t1R1`42741 11,,, I. 12 I. ,'-'' >2. I 5 11-gl .02 No Cemphant Compliant. Staled No Slated No Stated No Stated No 22 211111 11,, > ,1 i2 u, I e I 14 1 5'4 d a 3 71 111 ,, 8' Active No Cunphant Compliant Stated No Slated No Stated No Stated No 510122 00 Stated No Ti int, Conipliant Cornpliant 2012 No z 8 2 ITEMS VENDOR NAME VENDOR NAME Gam) Diem Pleat 0219700. M. an" SI"'"' l''' -'1970 Contact Persorat/Emati 532, siti 6.30, Ave, 0,. ft 33374 NW 1261.6 Ave, Red, 101 604 660-1011 Miami, FL 32162 (300) Reboil Sheehan ed2-5266 Debra Nobee16664.41746men COM U11011442 thiliii#VIVV1141.11.15106.GOtil Milli-11MM RequIseinente No Minown Require.maat established 1 N/A qnh. mlnai I 2//A 5.<.> 2- 2 61. . g Stated No Stated No Stated No I 560000 00 2p.Allii ,A1„, " >2 9, 3;3•-gb.- AF lubiidttioo snug bsquisng 000031 lueydwoo stronnquitioo 06105003 605245 r arOurail Stare Canpliara Fair Chance 00600 006 Compliant M''...2 -b- 3 'A 1 .R1,, 88" luale No 01 Employee, y=ported by MB) FEI/EIN Number a 5 . •t' 2 cc 24101000 r'retereace ConSICt 06000,001 References State Debarment -• Federal Debarment County Debarinent • g., = . 2 g ,1 g Non.Disennimation Living Wage Ordinance Applicability 70001 $1002 Equal Benefits Offered Equal Sandie Compliant Public EMU,/ Crimes Acknowledgement of Addenda 1 Group A Commonly used Ground Cowers Minimum Sizes 1. g 2 o §' 1 a It Si'S 2,9,24 - s 5 5 u ,7 2 1 2.5 -... V ; , s '2 Group 5 Commonly used Trees Minimum Sizes We wish 10 00 Pre -qualified to participate in future pricing Competition 20 50 Sales and Deliver,: 5 c A 1. 3 3 A in 2 E.2 11' 3...522 8 - -- .T.•• E i§.8A 2-zU2,„ -En'•gF, A g - 1 8 E" :1 We wish to be Pre -qualified to participate in futuie pricing Competition for the Sales. Deilyery and Installanon ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F 7\/\ EACH Insurance Requirements 2017 -019 -WG TREES, PAL 'S AND PLANT MATERIAL: PURCHASE AND DELIVERY ONLY AND/OR PURCHASE, DELIVERY AND INSTALLATION SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017 -019 -WG 38 EACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. 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 Bi -:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2017 -019 -WG 39