Southern Landscaping Ent.
~fIV#-fA/h Up.i-<).~
;vlt'i.._j'J \t.:)t;J ) J.JtJu.d
~
INVITATION FOR BIDS
TO PROVIDE TURF MOWING SERVICES
BID # 63-01/02
BID OPENING: OCTOBER 7, 2002
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
F:\PURC\$ALL\Mirtha\BIDS\63-01-02 mowing serv\63-01-02 bid
BID NO: No. 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
1
CITY CLERK
/'
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
.......
Condensed Title:
Request for approval to Award a Contract to Southern Landscaping Enterprises Inc., as the Primary vendor
to Provide Turf Mowing Services in the amount of $96,840, Pursuant to Bid No. 63-01/02; further request
approval to award a contract to Country Bill's Lawn Care Inc. as the Secondary vendor to be used only in
the event that the Prima vendor Southern Landsca in Inc. cannot fulfill their contractual obll atlon.
Issue:
Whether the Contract should be awarded to the lowest and best bidder, received from Southern
Landscaping Enterprises Inc., as the Primary Vendor or to award a contract to Country Bill's Lawn Care
Inc. as the Secondary vendor to be used only in the event that the Primary vendor (Southem Landscaping
Inc. \ cannot fulfill their contractual oblioalion?
Item SummarvlRecommendatlon:
The purpose of this bid Is to award a contract to a qualified contractor that will give prompt and efficient
Turf Mowing Services as specified in the bid documents.
this contract will commence the day after date of award by the City Commission of Miami Bead} Florida
and will remain in effect for a period of two years,
Providing the contractor will agree to maintain the same price, terms and conditions of the current contract.
this contract could be extended for an additional two (2) years, on a year.to-year basis, if mutually agreed
upon by both parties.
Based on the analysis of the bids received, it is recommended that the City award a Contract to Southern
Landscaping Enterprises Inc., as the Primary vendor to Provide Turf Mowing Services in the amount of
$96,840, Pursuant to Bid No. 63-01/02; further request approval to award a contract to Country Bill's Lawn
Care Inc. as the Secondary vendor to be used only in the event that the Primary vendor (Southern
Landscaping Inc.) cannot fulfill their contractualobligatlon.
APPROVE THE CONTRACT
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1 $96,840 011-0945-000312
IFI~ 2
3.
4
Total
City Clerk's OffIce Legislative Tracking:
I KEVIN SMITH
City Manager
AGENDA ITEM C.J C.
DATE /4-$-02.....
JMG
13
CITY OF MIAMI BEACH
CITY HALl 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.cl.mlaml--beach.f1.u8
To:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Dal:8: 0dDber23,2002
Jorge M, Gonzalez , ~
City Manager d .- 0
REQUEST FOR APPROVAL TO AWARD A CONTRACT TO SOUTHERN
LANDSCAPING ENTERPRISES, INC., AS THE PRIMARY VENDOR TO
PROVIDE TURF MOWING SERVICES IN THE AMOUNT OF $96,840,
PURSUANT TO INVITATION TO BID NO. 63..Q1/02; FURTHER REQUEST
APPROVAL TO AWARD A CONTRACT TO COUNTRY BILL'S LAWN
CARE INC. AS THE SECONDARY VENDOR TO BE USED ONLY IN THE
EVENT THAT THE PRIMARY VENDOR (SOUTHERN LANDSCAPING
INC.) CANNOT FULFILL THEIR CONTRACTUAL OBLIGATIONS.
RECOMMENDATION
From:
Subject:
Approve the award.
FUNDING:
$96,840
l'NAL YSIS
Funding is available from Budget Account No, 011.0945.000312,
The purpose of this bid is to award a contract to a qualified contractor that will give prompt
and efficient Turf Mowing Services as specified in the bid documents.
This contract will commence the day after date of award by the City Commission of Miami
Beacl\Florida and will remain in effect for a period of two years.
Providing the contractor will agree to maintain the same price, terms and conditions of the
current contract. this contract could be extended for an additional two (2) years, on a year
to year basis, if mutually agreed upon by both parties.
In the event that the contract is held over beyond the term herein provided, it shall only be
. on . a month to month basis only and shall not constitute an implied renewal of the
contract, Said month to month extension shall be upon the same terms of the contract and
at the compensation and payment provided herein.
The Contractor will provide Performance and Payment Bonds in the amount of $25,000
each, and evidence of required insurance within fifteen (15) calendar days after notification
of award of the Contract.
14
Commission Memorandum
October 23, 2002
Page 2
ANAL VS'S (Cont.):
Deficiency Notices and Liquidated Damages
If the City of Miami Beach Parks and Recreation Director determines that there are
deficiencies in the performance of the contract. the City of Miami Beach Procurement
Director will provide a Notice to the Contractor to correct the deficiencies within seven (7)
days of notification, If both parties agree that actual damages would require more than
seven (7) days to repair, a time frame, in writing, will be determined by the City of Miami
Beach Procurement Director for that deficiency. The parties agree that the Contractor shall
be liable to the City of Miami Beach for liquidated damages (not a penalty) in the amount of
two hundred dollars ($200.00) per day, for each day exceeding the above noted time frame
per deficiency, that the Contractor fails to correct deficiencies of the Notice.
LIVING WAGE REQUIREMENT:
Pursuant to Ordinance No. 2001-3301. City Service Contracts involving the expenditure of
over $100,000 per year and which includes park and public place maintenance is subject
to the Living Wage Requirements. The minimum rates are as follows: $8.56/hour with
benefits; $9.81/hour without benefits.
Mowina Soeclflcatlons
A. St. Augustine Grass/Bahia
Mow only with a rotary mower a minimum of once per week during the
growing season of mid April through the end of October for a total of
36 occurrences per year.
B, Non-athletic field Turf shall be mowed at 3 to 31/2" above soil level with
a mower designed for use in the specifiC circumstances. Remove
clippings from areas if excessive clippings result from the mowing
operation.
Trlmmlna and Edalna
A. Contractor shall trim and properly edge all shrub and flower beds as well
as tree. curbs. walks. lighting and all other obstacles in the landscape
and remove clippings. Paved areas (hard edges) shall be edged every
mowing with respect to the turf type adjacent to the edging, Edging of
beds and the tree rings (soft edging) shall be executed not less than
everv bther mowing with respect to the turf type adjacent to the edging.
15
Commission Memorandum
October 23, 2002
Page 3
ANALYSIS (Cont.l:
B, Turf edging at shrub beds, flower beds, ground cover beds, hedges, or
around trees (where "edging" rather than "trimming" is directed), shall be
edged with a manual or mechanical edger to a neat vertical uniform line.
Edge grass at plant bed lines to keep grass from growing toward shrubs,
keep the width of sod as it was originally placed. Care shall be taken to
avoid damage of ground cover weed barrier. Grass will be trimmed at the
same height as adjacent turf is mowed, and to remove all grass leaves
from around all obstacles and vertical surfaces in the turf, such as posts,
walls,. fences, etc,
C, Particular attention will be given to trimming around sprinkler heads and
other irrigation system components to assure their proper water delivery
function. A mechanical weed cutters are not to be used within twelve
(12") inches of tree or palm trunks, Note: Damage to property or existing
vegetation by improper trimming or edging shall be repaired or replaced
within 48 hours at Contractors expense. All walks and other paved areas
littered in the lawn maintenance process shall be vacuumed, swept, or
blown off while the mowing, edging, or trimming is in process so that the
appearance suffers for the least amount of time. Landscape lighting shall
be wiped, blown off or vacuumed as needed to prevent accumulation of
clippings and dead insects.
D. Landscape areas shall be raked and cleaned of clippings, leaves, sticks,
twigs, and all litter during each maintenance day. Materials cleaned
from grounds may not be disposed on-site, and must be removed from
locations at Contractors expense. A copy for approval of a completed
mowing schedule will be provided to the City's representative in a timely
manner as requested.
bitter Control
Contractor Generated Trash: The Contractor shall promptly remove all debris generated by
pruning, trimming, weeding, edging, and other work required in the specifications. Debris must
be disposed of at an authorized site for commercial use. Neighborhood trash transfer stations
or road side piles are not considered authorized sites. The Contractor shall clean driveways
and paved areas with suitable equipment immediately after working in them. All cuttings are to
be removed on same day as cut.
Litter Removal: All Litter is to be removed by the Contractor prior to the performance of any
mowing operations at each individual site.
16
Commission Memorandum
October 23, 2002
Page 4
ANALYSIS (Cont.l:
CONTRACTOR'S PERSONNEL
Contractor will employ personnel competent to perform the work specified herein. Contractor's
employees will be United States citizens or in possession of appropriate documentation
permitting the employees to work in Miami-Dade County. The City reserves the right to request
the removal of the Contractor's employees from performing maintenance on the City's grounds
where the employee's performance or actions are obviously detrimental to the program.
Standards for Contractor's employees include the following:
DISASTER RESPONSE
The Contractor will maintain, on a twenty-four (24) houron-call basis, by pager, two-way radio,
or cellular telephone, a staff sufficient to address emergency contingencies (ie., hurricanes,
tomados, floods, etc.) which may arise from time to time. The Contractor will respond with
immediate action to emergencies that adversely affect the City of Miami Beach, so that the
situation is corrected at the eariiest possible moment. The Contractor will be compensated for
use of personnel and equipment based upon the indicated classifications in the bid tabulation.
UNIFORMS
The Contractor will provide, at Contractor's expense, color coordinated uniforms for all
personnel. Such uniforms will meet Owners' public image requirements and be maintained by
Contractor so that all personnel are neat, clean, and professional in appearance at all times.
Non-uniform clothing will not be permitted, including for new employees,
CONDUCT
Conduct standards for Contractor's employees should meet or exceed those required for City
employees. The following are some guidelines:
Drugs and alcohol, or their use, is not permitted on City property nor are
personnel allowed on property while under the influence of such substances.
Firearms or other weapons are strictly forbidden.
Fighting or loud, disruptive behavior is not permitted,
All personnel will be subject to applicable City safety and security rules and procedures
pertaining to conduct, vehicle use, property access, etc.
*
*
*
SAFETY
Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all
accepted standards for safe practices during the maintenance operation, to safely maintain
equipment, machines, and materials, and to remedy hazards consequential or related to the
work. The Contractor further agrees to accept the sole responsibility for compliance with all
local, County, State or other legal requirements including but not limited to:
17
Commission Memorandum
October 23, 2002
Page 5
ANALYSIS (Cont.):
(1) full compliance with the terms of applicable O.S,H.A. Safety Orders, (2)requirements of
the Florida Deoartment of Transoortation Manual of Traffic Controls and Safe Practices
For Street and Hiahwav Construction, Maintenance and Utility Ooerations, at all times so
as to protect all persons including Contractor's employees, agents of the City, vendors, and
members of the public or other firms from injury or damage to their property,
The City, through its Project Manager, reserves the right to issue Immediate restraint or
cease and desist order to Contractors when unsafe or harmful acts are observed or
reported relative to the performance of the work under the Contract.
During normal working hours, Contractor will obtain emergency medical care for any
member of the public who is in need thereof, because of illness or injury occurring on the
site, including a prompt report thereof to the Project Manager.
In performing the scope of work, all safety on or off the job site will be the sole
responsibility of the Contractor, The City will not be responsible for safety on or off the job
site, The City's on-site observations or inspections will be only for the purpose of verifying
that the maintenance Specifications are being implemented proper1y.
The City's on-site observations or inspections are not for safety on or off the job site for the
Contractor's employees or the public,
Traffic Safety Control - The Contractor will, at his cost, observe all safety regulation;
including placing and display of safety devices, provisions of police to control traffic, etc, as
may be necessary in order to conduct the public through the project area in accordance
with F.D.O.T.'s "Manual on Traffic Controls and Safe Practices for Street Hiahwav
Construction, Maintenance and Utility Ooerations."
CONTRACTOR'S VEHICLES
Contractor's vehicles will be in good repair, free from leaking fluids, proper1y registered, of
uniform color and will bear the company name on each side in not less than 3-1/2" letters
unless otherwise prescribed by law or ordinance.
CONTRACTOR'S EQUIPMENT
All equipment will be maintained in an efficient and safe operating condition while
performing work under the contract, Equipment will have proper safety devices maintained
at all times while in use. If equipment does not contain proper safety devices and/or is
being operated in an unsafe manner, the City may direct the Contractor to remove such
equipment and/or the operator until the deficiency is corrected to the satisfaction of the
City. The Contractor will be responsible and.liable for injury to persons caused by the
operation of the equipment.
18
Commission Memorandum
October 23, 2002
Page 6
ANALYSIS (Cont.):
CONTRACTOR'S DAMAGES
Any damages to the road, facilities, sewers, utilities, irrigation system, plant material or
vegetation caused by the Contractor will be repaired at the expense of the Contractor to
the satisfaction of the City. Failure to restore said damages within three (3) working days
following notification will result in a deduction from the next invoice of the City's expenses
incurred by the City for labor, material or equipment to restore the property to its original
condition.
PROTECTION OF PROPERTY AND REPAIR OF DAMAGE
All portions of landscape structures, facilities, services, utilities, roads, and irrigation
systems will be protected against damage or interrupted service at all times by Contractor
during the term of the Contract, Any damage to the property as a result of the performance
of work by Contractor during the terms of the Contract will be repaired or replaced in kind
and in manner approved by the Project Manager. All work of this kind will be made
immediately after damage or alteration occurs, unless otherwise directed.
RECORDS
All documents, books and accounting records will be open for inspection at any reasonable
time during the term of the Contract and for three (3) years audit of the books and business
conducted by Contractor and observe the operation of the business so that accuracy of the
above records can be confirmed. All employment records will be open for inspection and
re-inspection by the City, at any reasonable time during the term of the Contract.
STORAGE.
Contractor are to provide for all storage at off-site locations delivering to site only sufficient
equipment and materials to complete daily tasks. Permission may be given by Project
Manager for storage of materials or equipment on-site during special projects or conditions.
WASTE DISPOSAL
Contractor will be responsible for removing and disposing from sites all waste handled in
performance of the Contract. The City is not required to supply area or facilities for storage
or removal of waste on-site.
NON-INTERFERENCE
Contractor will not interfere with the public use of sites and will conduct his operation so as
to offer the least possible obstruction and inconvenience to the public or disruption to the
peace and quiet of the area within which the services are performed.
19
Commission Memorandum
October 23. 2002
Page 7
ANALYSIS (ConU:
Invitation of Bid No. 63-01/02 was issued on September 20,2002, with an opening date of
October 9, 2002. A Non-Mandatory Pre-Bid Conference was held on September 26, 2002,
and as a result of questions received, and to clarify the issue that the successful bidder(s)
would be required to comply with the Living Wage Ordinance, Addendum #1 was issued on
October 4,2002, DemandStar by Onvla issued bid notices to (1405) prospective bidders.
This resulted in twenty three (23) vendors requesting bid packages, which resulted in the
receipt of five (5) responsive bids.
References have been checked by Procurement staff and Dun and Bradstreet reports have
been secured, and this Bidder comes highly recommended. Southern Landscaping
Enterprises, Inc. has been in business for over twenty (20) years as a Lawn and Tree
Service Contractor. Pursuant to the reference checks, and the information provided, it
indicates that Southern Landscaping is a responsible contractor that provides quality
service in a timely manner. This contractor has indicated in writing to the Procurement
Director, that they will in fact, comply with the living Wage Ordinance.
BID TABULATION
VENDOR DESCRIPTION GRAND TOTAL
Southern landscaping SouthlNorth Mowing (Zone. t1 -4) $96,840
Country Bills Lawn Care .. .. .. .. .. $117 ,972
P.R.I.T Inc. d/b/a U.S Lawns .. .. .. .. .. $126,000
Superior Landscaping .. .. .. .. .. $140,580
Everglades Environmental .. .. .. .. .. $149.868
CONCLUSION
Based on the analysis of the bids received, it is recommended that the contract be
awarded to the lowest and best bidders, Southern Landscaping Enterprises, Inc. as the
Primary awardee, and Country Bill's Lawn Care Inc. as the Secondary awardee to be used
only in the event that the Primary vendor (Southern Landscaping Inc.) cannot fulfill their
Contractual Obligations.
JMG:RM:KS:GUmpj
Attch: Mowing Schedule Zone 1-4
F:\PURCI$ALL'MIth8\BDS\6S-01.02 mowing 1IIfY\83-01-02 Turf mowing CClIMI mem.doc
20
. Mowlna Schedule Zone 1-4
SOUTH MOWING
ZONE: 1
Section:
A. Alton Road (Michigan Ave. to 62 St center Median)
29th St. & Alton Rd, side chops! north & south
43rd St. & Alton Rd. side chopsl north & south
47th St. & Alton Rd, small chop
50th St. & Alton Rd. small swale area
51 St. & Alton Rd. bridge approach 2-sides north & south
62 St. & Alton Rd. side chop
21st Street Recreation Center (2100 Washington Ave.)
City Hall (1700 Convention Center Dr.)
Garden Centerl alone canal bank (2000 Convention Center Dr.)
Washington Avenue 16th St. median & 6 St. median
Police Station (1100 Washington Ave.)
441 N, Hibiscus Dr. (hurricane evacuation point)
17th St. & West Ave. (Bridge approach)
ZONE: 2
Sections:
A. Lummus Park (Ocean Dr, from 5th St. to 15th St.)
South Pointe Park (Biscayne St. & Washington Ave.)
Flamingo Park (11th t015th Streets between Michigan Ave. & Meridian Ave)
B. 2850 Flamingo Drive Bridge approachl eastside
27th To 23rd Median Pinetree Drive
26th Street Golfcourse Swale area to 24th Streett some areas under construction
Hebrew Academy Swale Area (24th St. & PineTree Dr.)
Prairie Ave & 28th St.l circle
Beach High (2231 Prairie Ave)
21
Mowing Schedule Zone 1-4
NORTH MOWING (Cont)
NORTH MOWING
ZONE: 3
Section:
A. 41 st Street to 44st Street & Collins
46th Street & Collins Ave Seawall (Boathouse area)
53rd Street & Collins Ave. (Fire station)
53rd Street & Collins Ave (Beachwall)
53rd Street & Collins Ave Seawall (Boathouse area)
Carriagehouse (5330 Collins Ave)
Fire station (5300 Collins Ave.)
67th Street Triangle (Swale)
Abbott Ave, & Indian Creek Triangle (side Swale)
Police Substation (69th St. & Indian Creek)
Firestation (69th St. & Indian Creek)
7150 Indian Creek (Streetend Seawall)
Pine Tree Dr. From 46 St. to the Bridge 49th St. Bus stop
Pumping Station on 51st St & center Triangle
51st Terrace & Lake View I Cherokee Dr, by Golf Course
51 st Street & Lake View ( Corner on your left going west)
51 st Street & Alton center Triangle & right comer going west
6001 & Pine Tree Dr. (Dead end by the water)
63rd Street Pine Tree circle on comer
62nd Street Pumping Station
ZONE: 4
Section:
A: 85th Street Bridge Approach
81st Street & Hawthorne (Old Dump) @ 81St & Crespi Blvd.
1410 Daytonia Rd. (Biscayne Point Swale)
1400 Cleveland Rd (Biscayne Point Swale)
1145 Noremac Ave (Biscayne Point! dead end)
Biscayne Point Entrance & Bridge Approach (77th St. & Biscayne Lane)
1630 Bayside lane (Street Ends & canal bank)
80th Street, Street Ends (Tatum water way Dr,)
Tatum water way Dr. Triangle 79th Street
Tatum water way Dr. & 77th Street Bridge Approach
Biscayne Elementary Alleyway (41 St. & Prairie Ave)
73rd & Dickens (Inside Fenced Area)
73rd & Dickens (Large Field) I & 75th St. Pumping station
73rd & Dickens (Bridge Approach)
72nd & Dickens Parking Lot
72nd & Dickens (Seawall)
2135 Biarritz Dr. & Calais (Bridge Approach 2 sides)
22
MowinG Schedule Zone 1-4
NORTH MOWING (Cont.)
ZONE: 4
Sections:
A: 2316 W. Bay Dr. Streetend (Biarritz Area)
601 Hagan St. & South Shore Dr. (Normandy Pumping Station)
South Shore Dr. & Biarritz Dr. Streetend
71st Street Welcome Sign (71St & Normandy Dr.)
71st Street Bridge & Bridge Embankment
71 st Street Biarritz Dr. Triangle & Swale Areas
880 Jones St. South Shore Dr. (dead end)
ZONE: 4
Sections:
B: 7136 Bonita Dr. (streetend Seawall)
71al. Street Pumping Station (71 St. & Bay Dr.)
6900 Bay Rd. & Brest Esplanade (Y-&- the-U)
7227 Fairway Dr. (Bridge Approach 3 sides)
350 Ray Street & South Shore Dr. (Streetend Seawall)
193 Fairway & North Shore Dr, (Streetends. seawall)
1101 Biarritz Dr, & Rue Versailles (Cul~De Sacs)
7220 Rue Notre Dame & Marseilles Dr. (Streetends)
620 Trouville Esplanade & Normandy Dr, (center parkways)
1690 Trouville Esplanade & Bay Dr. (streetends north & south)
6830 Rue Grandville & Biarritz Dr. (Cui-De Sacs)
1919 Rue Grandville & Bay Dr. (streetend seawall)
1905 Rue Grandville & Calais Dr. (streetend there Is no grass on this street end)
1022 Rue Versailles & Bay Rd. (streetend seawall)
1.--
23
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
hllp:\\cl.mlami-beach.ll.us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facalmlle (305) 673.7851
INVITATION TO BID NO. 63-01/02
OCTOBER 4,2002
ADDENDUM NO.1
TWO YEAR CONTRACT TO PROVIDE TURF MOWING SERVICES WITH AN OPTION
TO RENEW FOR TWO YEARS is amended as follows:
I, The Bid Opening date is changed from October 7, 2002 to October 9, 2002 at
3:00 P.M.
II. CLARIFY: The City's Living Wage Ordinance No. 2001-3301 does apply to this
contract. The minimum rates are as follows: $8.56/hour with benefits; $9 .81/hour without
benefits.
III. CLARIFY: Currently the Turf Mowing Services is provided "in house" by the City. The
Estimated Budget for this Project is $120,000.
IV. Twenty two (22) Planho1der downloaded the Bid Document thro Demandstar, any
additional infonnation may be requested through Demandstar.com, phone 1-800-711-
1712.
V. QUESTIONS AND ANSWERS.
ZONE 1
Q. 441 N, Hibiscus, What area(s) at this address will need to be serviced?
A. The area on the Westside within the wooden pillars.
Q. 50th Street & Alton, Where is the location of the small chop?
A. All four (4) of the bridges and the Northwest comer.
Page 2
Addendum 1
ITB 63-01/02
WNE2
Q. South Point Park, what are the boundaries and what area(s) will need to be maintained
inside the park?
A. The field East and West of the restaurant and the field in the rear where the pavilions are
located.
Q. (Q1) Flamingo Park, are the 12 small chops on the West side of the park, on Michigan
Avenue part of the areas to be maintained? (Q2) Also, what area(s) inside Flamingo Park:
are part of this Bid? (Q3) In addition, are the sports fields part of this bid?
A. (AI) Yes, Flamingo Park, the 12 small chops on the West side of the park, on Michigan
Avenue is part of the areas to be maintained.
(A2) Everything except the Athletic/Stadium fields.
(A3) No
Q. Hebrew Academy swale area, is this swale located between the sidewalk & the fence
covered with the green material?
A. Yes.
Q. Beach High, what area(s) need to be maintained at this location?
A. The front area of Beach High School is to be maintained at this location.
Q. (Q1) 26th Street Golf Course swale, what side of the Golf Course is this area located?
(Q2) Also, approximately what is the size of the swale?
A. (AI) The Golf Course in this area is located at swale on the front side by the parking lot
(A2) The contractor is responsible to obtain the measurements.
WNE3
Q. 46th & Collins seawall, boathouse area. What are the boundaries?
A. The boundaries starts at 46 Street on the West Side to the boat dock.
Q. 53rd & Collins seawall, boathouse area. What are the boundaries?
Page 3
Addendum 1
ITB 63-01/02
A. The boundaries starts from the pumping station to 5330 Block.
Q, Fire Station 53rd & Collins is listed twice in zone 3, is this duplicate location", ifnot, what
area(s) will need to be maintained?
A. Mow the front and back of the Fire Station and the swale on the Westside of Collins.
Q. What is the location of the pump statim at 62nd as there is no cross street listed?
A. The cross Street listing is 6145 La Gorce.
ZONE 4
Q. 73rd & Dickens inside fenced area, is this area located on the East or West side of Dickens
and what are the boundaries?
A. 73 rd and Dickens is located on the West side. The location is inside the fenced area, where
the water tanks are located.
Q. 72nd & Dickens parking lot, Is this area located on the eat or west side of Dickens and
what are the boundaries?
A. 72nd & Dickens parking lot is on the West side where the guardrail is located.
Q, 6900 Bay Road & Brest Esplanade Y & U, where is this location and boundaries?
A. The boundaries are Bay Drive and Brest Esplanade.
Q. Biscayne Elementary, is the location listed in the bid wrong? (41 & Prairie).
A. Zone 4, Section A, Biscayne Elementary should read as, North Beach Elementary located
at 41't & Prairie.
Q, 7220 Rue Notre Dame & Marseilles Dr. How many street ends are part of this bid?
A. 7220 Rue Notre Dame & Marseilles Drive is one (1) Street end.
Page 4
Addendum 1
ITB 63-01/02
Q. 193 Fairway & North Shore Drive, how many street ends are part of this Bid?
A. One (1) Street end East by the guardrail.
VI. ADD: Drug Free Fonn (Attachment A), Customer Reference Listing (Attachment B).
Prospective Bidders are required to acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
/?~,....r/
(. /"--
'-.....~
l.
Gus Lopez, CPPO
Procurement Director
mpJ
F:\PURC\SALL\Mirtha\BIDS\63-01-02 mowinglcrv\bid 63-01-02 Addenl.doe
Attch: Drug Free fonn (Attachment A)
Customer Reference Listing (Attachment B)
(ATTACHMENT A)
00530. SUPPLEMENT TO BIDrrENDER FORM
DRUG FREE WORKPLACE CERTIFICATION
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE
DEEMED RESPONSIBLE.
The undersigned Bidder hereby certified that it will provide a drug -free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the offeror's
workplace, and specifying the actions that will be taken against employees for violations
of such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the statement
required by subparagraph (1);
(4) Notifying all employees, in writing, ofthe statement required by subparagraph (1), that as
a condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug
statute for a violation occurring in the workplace no later than five (5) calendar days
after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is
(ATIACHMENT A)
convicted of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local
health, law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free workplace program through
implementation of subparagraphs(1) through (6).
(Bidder Signature)
(Print Vendor Name)
STATE OF
COUNTY OF
day of
as
(name of person whose signature is being notarized)
_____________ (title) of
The foregoing instrument was acknowledged before me this
____________, 20__, by
(name of corporation/company)
known to me to be the person described herein, or who produced
identification, and who did/did not take an oath.
as
NOTARY PUBLIC:
(Signature)
(Print Name)
My commission expires:
(ATTACHMENT B)
TO PROVIDE TURF MOWING SERVICES
BID # 63-01/02
CUSTOMER REFERENCE LISTING
Bidder's shall finnish the names, addresses, and telephone numbers of a minimum of eight (8) finns for
which the Contractor is currently providing TmfMowing Services (See Section 2.19, Refereces).
I)
Company Name
Address
Contact Person/Contract Amount
Telephone Number
2)
Company Name
Address
Contact Person/Contract Amount
Telephone Number
3)
Company Name
Address
Contact Person/Contract Amount
Telephone Number
4)
Company Name
Address
Contact Person/Contract Amount
Telephone Number
(ATI'ACHMENT B)
TO PROVIDE TURF MOWING SERVICES
BID # 63-01/02
CUSTOMER REFERENCE LISTING
5)
Company Name
Address
Contact Person/Contract Amount
Telephone N1Ullber
6)
Company Name
Address
Contact Person/Contract Amount
Telephone N1Ullber
7)
Company Name
Address
Contact Person/Contract Amount
Telephone N1Ullber
8)
Company Name
Address
Contact Person/Contract Amount
Telephone N1Ullber
CITY OF MIAMI BEACH
~
1700 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33139
hllp: IIci .miam i .beach. lI.us
PROCUREMENT DIVISION
Telephone (3051 673-7490
Facsimile (305) 673.7851
PUBLIC NOTICE
INVITATION TO BID NO. 63-01/02
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 7th day of October,
2002:
TO PROVIDE TURF MOWING SERVICES
Scope of Work: The work specified in this bid consists of furnishing all labor, machinery, tools,
means of transportation, supplies, equipment, materials, services necessary for the Turf Mowing
Service, as identified in the Bid Documents.
Minimum Requirements: Prospective Bidder must have a minimum of 4 years continuous
service/experience in the State of Florida providing Care and Maintenance of Specialty Turf Grass
Types. Contractor shall be fully licensed with all required State and/or Local government licenses,
and permits to provide Turf Mowing Services in the City of Miami Beach. Contractor shall
provide at least four (4) separate references for landscape maintenance projects completed,
with each project having a total cost of fifteen~thousand dollars ($15,000) or higher.
--.....
Estimated Budget: $120,000.
Bid Guarantv: A Bid Guaranty is not required, however the successful Bidder executing the
Contract will be required to provide the Performance Bond and Payment Bond in the amount of
$25,000 each, and evidence of required insurance within fifteen (15) calendar days after notification
of award of the Contract.
At time, date, and place above, bids will be publicly opened. The responsibility for submitting a
bid/proposal before the stated time and date is solely and strictly the responsibility of the
bidder/proposer. The city is not responsible for delays caused by mail, courier service, including U.S.
Mail, or any other occurrence.
Any bids or proposals received after time and date specified will be returned to the bidder unopened.
The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly
the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail,
courier service, including U.S. Mail, or any other occurrence,
BID NO: 63-01/02
DATE: 09/13/02
CITY OF MIAMI BEACH
2
A Pre-Bid Conference will be held at 9:30 A.M_on SEPTEMBER 26, 2002_at City of Miami
Beach, City Hall, City Managers Small Conference Room, located at 1700 Convention Center Drive,
Miami Beach, Florida. Attendance at the Prebid Conference is highly encouraged and
recommended as a source of information but is not mandatory.
The City has contracted with DemandStar by Onvia as our electronic procurement service for
automatic notification of bid opportunities and document fulfillment. We encourage you to
participate in this bid notification system. To find out how you can receive automatic bid
notifications or to obtain a copy oftbis Bid, go to www.demandstar.comor call toll-free 1-800-
711-1712, and request Document #633 Subscribing to DemandStar by Onvia's bid notification
system is not a requirement. You will still be able to find bid information and download documents
through the City's website (hllP://ci.llliallli-bcach.ll.us. From the City's home page, click on
Procurement and follow the instructions.
Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile
to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX:
(305) 673-7851, The Bid title/number shall be referenced on all correspondence. All questions must
be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All
responses to questions/clarifications will be sent to all prospective bidders in the form of an
addendum,
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best
interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of
Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 99-3164. A COPY
OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH
THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO.
2000-23879.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
BID NO: 63-01/01
DATE: 09113101
CITY OF MIAMI BEACH
3
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
BID SOLICITATION PROTEST ORDINANCE NO, 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE
LOBBYIST FEE DISCLOSURE ORDINANCE NO. 2002.3363.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE
LIVING WAGE ORDINANCE NO. 2001.3301.
CITY OF MIAMI BEACH
,.,.~.c-::.
:.--~'
/ .
Gus Lopez, CPPO
Procurement Director
BID NO: 63-01/02
DATE: 09/13/02
CITY OF MIAMI BEACH
4
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
http'I.\Clmlaml~beach fl.us
PROCUREMENT OIVISION
Telephone (3051 673-7490
Facsimile (3051 673-7851
BID NO. 63-01/02
I NOTICE TO PROSPECTIVE BIDDERS
NO BID
Ifnot submitting a bid at this time, please detach this sheet from the bid documents,
complete the infonnation requested, and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
_Our company does not handle this type of product/service.
_ We cannot meet the specifications nor provide an alternate equal product.
_ Our company is simply not interested in bidding at this time.
_ Due to prior commitments, I was unable to attend pre-proposal meeting.
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid m: this completed form, may result in your
company being removed from the City's bid list.
BID NO: 63-01102
DATE: 09/13/02
CITY OF MIAMI BEACH
S
TO PROVIDE TURF MOWING SERVICES
BID #63-01102
1.0 GENERAL CONDITIONS
1.1 SEALED BIDS:
Original copy of Bid Form as well as any other pertinent documents must be returned in
order for the bid to be considered for award. All bids are subject to the conditions specified
hereon and on the attached Special Conditions, Specifications and Bid Form.
The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title
to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive,
Miami Beach, Florida 33139. Facsimile bids will not be accepted.
1.2 EXECUTION OF BID:
Bid must contain a manual signature of an authorized representative in the space provided
on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be
considered for award. All bids must be completed in pen and ink or typewritten. No
erasures are permitted. If a correction is necessary, draw a single line through the entered
figure and enter the corrected figure above it. Corrections must be initialed by the person
signing the bid, Any illegible entries, pencil bids or corrections not initialed will not be
tabulated. The original bid conditions and specifications CANNOT be changed or altered
in any way. Altered bids will not be considered. Clarification of bid submitted shall be in
letter form, signed by bidders and attached to the bid.
1.3 NO BID:
If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain
the reason. Repeated failure to bid without sufficient justification shall be cause for removal
of a supplier's name from the bid mailing list.
1.4 PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extended total,
when requested, Prices must be stated in units of quantity specified in the bidding
specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE
quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise
stated in special conditions). Discounts for prompt payment. Award, if made, will be in
accordance with terms and conditions stated herein. Each item must be bid separately and
no attempt is to be made to tie any item or items in with any other item or items. Cash or
quantity discounts offered will not be a consideration in determination of award ofbid(s).
BID NO: 63-01102
DATE: 09/13/02
CITY OF MIAMI BEACH
6
1.5 TAXES:
The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax
and Use Certificate Number is 04-00097-09-23.
1.6 MISTAKES:
Bidders are expected to examine the specifications, delivery schedules, bid prices and
extensions and all instructions pertaining to supplies and services. Failure to do so will be
at the bidder's risk.
1.7 CONDITION AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall be the
latest new and current model offered (most current production model at the time of this bid).
All containers shall be suitable for storage or shipment, and all prices shall include standard
commercial packaging.
1.8 UNDERWRITERS'LABORATORIES:
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall
be U,L. listed or re-examination listing where such has been established by U.L. for the
item(s) offered and furnished.
1.9 BIDDER'S CONDITIONS:
The City Commission reserves the right to waive irregularities or technicalities in bids or to
reject all bids or any part of any bid they deem necessary for the best interest of the City of
Miami Beach, FL.
1.10 EQUIVALENTS:
Ifbidder offers makes of equipment or brands of supplies other than those specified in the
following, he must so indicate on his bid, Specific article(s) of equipment/supplies shall
conform in quality, design and construction with all published claims of the manufacturer.
Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are
informational guides as to a standard of acceptable product quality level only and should not
be construed as an endorsement or a product limitation of recognized and legitimate
manufacturers. Bidders shall formally substantiate and verifY that product(s) offered
conform with or exceed quality as listed in the specifications.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other
than the specified brands, and shall indicate ANY deviation from the specifications as listed.
Other than specified items offered requires complete descriptive technical literature marked
to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH
THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA.
Lacking any written indication of intent to quote an alternate brand or model number, the bid
will be considered as a bid in complete compliance with the specifications as listed on the
attached form.
1.11 (NOT USED)
BID NO: 63-01/02
DATE: 09/13/02
CITY OF MIAMI BEACH
7
1.12 (NOT USED)
1.13 NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Item delivered, not conforming to
specifications, may be rejected and returned at vendor's expense. These items and items not
delivered as per delivery date in bid and/or purchase order may be purchased on the open
market. Any increase in cost may be charged against the bidder. Any violation of these
stipulations may also result in:
A) Vendor's name being removed from the vendor list.
B) All departments being advised not to do business with vendor.
1.14 SAMPLES:
Samples of items, when required, must be furnished free of expense and, if not destroyed,
will, upon request, be returned at the bidder's expense. Bidders will be responsible for the
removal of all samples furnished within (30) days after bid opening. All samples will be
disposed of after thirty (30) days. Each individual sample must be labeled with bidder's
name. Failure of bidder to either deliver required samples or to clearly identify samples may
be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered
to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139.
1.15 DELIVERY:
Unless actual date of delivery is specified (or if specified delivery cannot be met), show
number of days (in calendar days) required to make delivery after receipt of purchase order,
in space provided. Delivery time may become a basis for making an award. Delivery shall
be within the normal working hours of the user, Monday through Friday, excluding holidays.
1.16 INTERPRETATIONS:
Unless otherwise stated in the bid, any questions concerning conditions and specifications
should be submitted in writing to the Procurement Director, 1700 Convention Center Drive,
Miami Beach, FL 33139. Fax (305) 673-7851.
1.17 (NOT USED)
1.18 (NOT USED)
1.19 BID OPENING:
Bids shall be opened and publicly read on the date, time and place specified on the Bid Fonn.
All bids received after the date, time, and place shall be returned, unopened.
1.20 INSPECTION, ACCEPTANCE & TITLE:
Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk
of loss or damage to all items shall be the responsibility of the successful bidder until
acceptance by the buyer unless loss or damage result from negligence by the buyer. If the
materials or services supplied to the City are found to be defective or not confonn to
specifications, the City reserves the right to cancel the order upon written notice to the seller
and return product at bidder's expense,
BID NO: 63-01/0Z
DATE: 09l13/0Z
CITY OF MIAMI BEACH
8
1.21 PAYMENT:
Payment will be made by the City after the items awarded to a vendor have been received,
inspected, and found to comply with award specifications, free of damage or defect and
properly invoiced.
1.22 DISPUTES:
In case of any doubt or difference of opinion as to the items to be furnished hereunder, the
decision of the City shall be final and binding on both parties.
1.23 LEGAL REQUIREMENTS:
Federal, State, county and city laws, ordinances, rules and regulations that in any manner
affect the items covered herein apply. Lack of knowledge by the bidder will in no way be
a cause for relief from responsibility.
1.24 (NOT USED)
1.25 (NOT USED)
1.26 PATENTS & ROYALTIES:
The bidder, without exception, shall indemnifY and save hannless the City of Miami Beach,
Florida and its employees from liability of any nature or kind, including cost and expenses
for, or on account of, any copyrighted, patented, or unpatented invention, process, or article
manufactured or used in the perfonnance of the contract, including its use by The City of
Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters,
patent, or copyright, it is mutually understood and agreed, without exception, that the bid
prices shall include all royalties or cost arising from the use of such design, device, or
materials in any way involved in the work.
1.27 OSHA:
The bidder warrants that the product supplied to the City of Miami Beach, Florida shall
confonn in all respects to the standards set forth in the Occupational Safety and Health Act
of 1970, as amended, and the failure to comply with this condition will be considered as a
breach of contract. Any fines levied because of inadequacies to comply with these
requirements shall be borne solely by the bidder responsible for same.
1.28 SPECIAL CONDITIONS:
Any and all Special Conditions that may vary from these General Conditions shall have
precedence.
1.29 ANTI-DISCRIMINATION:
The bidder certifies that he/she is in compliance with the non-discrimination clause contained
in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to
equal employment opportunity for all persons without regard to race, color, religion, sex or
national origin.
BID NO: 63-01/02
DATE: 09/13/02
CITY OF MIAMI BEACH
9
1.30 AMERICAN WITH DISABILITIES ACT:
Call (305) 673-7490NOICE to request material in accessible fonnat; sign language
interpreters (five days in advance when possible), or infonnation on access for persons with
disabilities. For more information on ADA compliance please call Heidi Johnson Wright,
Public Works Department, at 305.673.7080.
1.31 QUALITY:
All materials used for the manufacture or construction of any supplies, materials or
equipment covered by this bid shall be new, The items bid must be new, the latest model,
of the best quality, and highest grade workmanship.
1.32 (NOT USED)
1.33 LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where bidders are required to enter or go onto City of Miami Beach property to deliver
materials or perform work or services as a result of a bid award, the successful bidder will
assume the full duty, obligation and expense of obtaining all necessary licenses, pennits and
insurance and assure all work complies with all applicable Dade County and City of Miami
Beach building code requirements and the South Florida Building Code. The bidder shall be
liable for any damages or loss to the City occasioned by negligence of the bidder (or agent)
or any person the bidder has designated in the completion of the contract as a result of his
or her bid.
1,34 BIDIPERFORMANCE BOND: N/A
;\Il Bids shell Be seeempenied BY either an erigiaal Bid Bead eutlHted BY a SlH'ety eempBftY
meetiag the EjHalifieatiens fer s\lrety eemp&Bies, er BY eash, meney eRier, eeftif.ied eheek,
eashier's eheek, Bid GuEl:l'lWy Fefffi, Ufl:eeR8itienal Letter ef CFedit (FefIB 9911 Q), 1feasW"ef's
eheek er Bank 8feft ef &flY natienal sr state Bank (Ufl:ited States), ia the amelfftt ef
S sayaBle te City sf Miami Beseh, Flenda, ana eeRElitieRed tlpeR the sueeessful
Bidder eueHtiag the CelNfaet &BEl I'Feviding the feE/Hired PerfefIB8:fI.ee BeRd &BEl Paymeat
Bead 8:fI.d e'lidenee efFell\liFed inSWll8ee withia teft (10) ealeRdar days after Betif.ieatiea ef
av;aM efthe Csffiraet. A PERSONAL CHBCK OR t. COMPANY CHBCK OF t. BIDDBR
SHALL NOT BB DEBMBD 1'. VALID BID SBCURITY. Seel:lrity sf the sHeeessful Bidder
shall Be ferfeited te the City efMiami Beseh as liE/tHdated damages, aet as a penalty, fer the
eest and eKI'ease iatlufFed sheule said Bieder fail te eKeeHte the CeRtfaet, I'revide the
reEluifed Perfermanee BenEl, PaymeRt BeRd and Ceftif.ieate(s) eflHsW'8ftee withia teft (lQ)
ealendar days after aatif.ieatien efthe awarEl efthe Ceftk:aet, er faihH'9 te eemply '",'-ith &flY
ether f9EJuiremeats set forth heFeia.
The time fer eKeeutieR ef the Ceftk:aet and I'revisiea ef the PeFfermllBee Bene, Paymeat
BeREI &BEl CeFtif.ieate(s-) ef wUf'lIBse may Be eKteREled BY the CiPjs Pi"eeOFefl1eat Direeter fer
geed e&tlSe she\"JB. Bid Seeurities sfdle WiStleeessful Bidders will Be Fetumed after awllfEl
ef CelNfaet.
BID NO: 63-01102
DATE: 09/13/02
CITY OF MIAMI BEACH
10
1.35 DEFAULT:
Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before
such award is made, may result in forfeiture of that portion of any bid surety required equal
to liquidated damages incurred by the City thereby, or where surety is not required, failure
to execute a contract as described above may be grounds for removing the bidder from the
bidder's list
1.36 CANCELLATION:
In the event any of the provisions of this bid are violated by the contractor, the Procurement
Director shall give written notice to the contractor stating the deficiencies and unless
deficiencies are corrected within ten (10) days, recommendation will be made to the City
Commission for immediate cancellation. The City Commission of Miami Beach, Florida
reserves the right to terminate any contract resulting from this invitation at any time and for
any reason, upon giving thirty (30) days prior written notice to the other party.
1.37 BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show purchase order numbers and shall be
submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department,
1700 Convention Center Drive, Miami Beach, Florida 33139.
1.38 (NOT USED)
1.39 (NOT USED)
1.40 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH:
Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00
P.M,
1.41 SUBSTITUTIONS:
The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind.
Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute
shipments will be returned at the bidder's expense.
1.42 FACILITIES:
The City Commission reserves the right to inspect the bidder's facilities at any time with
prior notice.
1.43 BID TABULATIONS:
Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed
stamped envelope with the bid.
1.44 BID PROTEST PROCEDURES:
Bidders that are not selected may protest any recommendation for Contract award in
accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes
procedures for resulting protested bids and proposed awards. Protest not timely pursuant
to the requirements of Ordinance No. 2002-3344 shall be barred.
BID NO: 63-01/02
DATE: 09/13102
CITY OF MIAMI BEACH
11
1.45 (NOT USED)
1.46 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true
meaning of the specifications or other Bid documents or any part thereof, the Bidder must
submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior
to scheduled Bid opening, a request for clarification. All such requests for clarification must
be made in writing and the person submitting the request will be responsible for its timely
delivery.
Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the
City of Miami Beach Procurement Director. The City shall issue an Infonnational
Addendum if clarification or minimal changes are required. The City shall issue a Fonnal
Addendum if substantial changes which impact the technical submission of Bids is required.
A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the
Solicitation. In the event of conflict with the original Contract Documents, Addendum shall
govern all other Contract Documents to the extent specified. Subsequent addendum shall
govern over prior addendum only to the extent specified. The Bidder shall be required to
acknowledge receipt of the Fonnal Addendum by signing in the space provided on the Bid
Proposal Fonn. Failure to acknowledge Addendum shall deem its Bid non-responsive;
provided, however, that the City may waive this requirement in its best interest. The City will
not be responsible for any other explanation or interpretation made verbally or in writing by
any other city representative.
1.47 DEMONSTRATION OF COMPETENCY:
1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract.
Bids will only be considered from finns which are regularly engaged in the business of
providing the goods and/or services as described in this Bid. Bidders must be able to
demonstrate a good record of perfonnance for a reasonable period of time, and have
sufficient financial support, equipment and organization to insure that they can satisfactorily
execute the services if awarded a contract under the tenns and conditions herein stated. The
terms "equipment and organization" as used herein shall be construed to mean a fully
equipped and well established company in line with the best business practices in the
industry and as determined by the City of Miami Beach.
2) The City may consider any evidence available regarding the financial, technical and other
qualifications and abilities of a Bidder, including past performance (experience) with the City
in making the award in the best interest of the City.
3) The City may require Bidders to show proof that they have been designated as authorized
representatives of a manufacturer or supplier which is the actual source- of supply. In these
instances, the City may also require material information from the source of supply regarding
the quality, packaging, and characteristics of the products to be supplies to the City through
the designated representative. Any conflicts between this material information provided by
the source of supply and the information contained in the Bidder's Proposal may render the
Bid non-responsive,
BID NO: 63-01101
DATE: 09113/01
CITY OF MIAMI BEACH
1:z
4) The City may, during the period that the Contract between the City and the successful
Bidder is in force, review the successful Bidder's record of performance to insure that the
Bidder is continuing to provide sufficient financial support, equipment and organization as
prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded
to it by the City, the City may place said contracts on probationary status and implement
termination procedures if the City determines that the successful Bidder no longer possesses
the financial support, equipment and organization which would have been necessary during
the Bid evaluation period in order to comply with this demonstration of competency section.
1.48 DETERMINATION OF AWARD
The City Commission shall award the contract to the lowest and best bidder. In
determining the lowest and best bidder, in addition to price, there shall be considered the
following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified, without
delay or interference.
c. The character, integrity, reputation, judgement, experience and efficiency of the
bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and ordinances
relating to the Contract.
1.49 ASSIGNMENT:
The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract,
including any or all of its right, title or interest therein, or his or its power to execute such
contract to any person, company or corporation without prior written consent of the City of
Miami Beach.
1.50 LAWS, PERMITS AND REGULATIONS:
The bidder shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code
requirements applicable to the work contemplated herein.
1.51 OPTIONAL CONTRACT USAGE:
As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase
from the resulting contract, provided the Department of Management Services, Division of
Procurement, has certified its use to be cost effective and in the best interest of the State.
Contractors have the option of selling these commodities or services certified by the Division
to the other State agencies at the agencies option.
1.52 SPOT MARKET PURCHASES:
It is the intent of the City to purchase the items specifically listed in this bid from the
awarded vendor. However, items that are to be "Spot Market Purchased" may be purchased
by other methods, i.e. Federal, State or local contracts.
BID NO: 63-01102
DATE: 09/13/02
CITY OF MIAMI BEACH
13
1.53 ELIMINATION FROM CONSIDERATION: This bid solicitation shall not be awarded
to any person or firm which is in arrears to the City upon any debt, taxes or contracts which
are defaulted as surety or otherwise upon any obligation to the City.
1.54 WAIVER OF INFORMALITIES
The City reserves the right to waive any informalities or irregularities in this bid solicitation.
1.55 ESTIMATED QUANTITIES
Estimated quantities or estimated dollars, 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 ofthis bid solicitation. Estimates are based upon the City's actual needs and/or
usage during a previous contract period. The City for pwposes of determining the low bidder
meeting specifications may use said estimates.
1.56 COLLUSION
Bids from related parties. Where two (2) or more related parties each submit a bid or
proposal for any contract, such bids or proposals shall be presumed to be collusive. The
foregoing presumption may be rebutted by presentation of evidence as to the extent of
ownership, control and management of such related parties in the preparation and submittal
of such bids or proposals. Related parties mean bidders or proposers or the principals thereof
which have a direct or indirect ownership interest in another bidder or proposer for the same
contract or in which a parent company or the principals thereof of one (I) bidder or proposer
have a direct or indirect ownership interest in another bidder or proposer for the same
contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers
who have been found to have engaged in collusion may be considered non-responsible, and
may be suspended or debarred, and any contract resulting from collusive bidding may be
terminated for default.
1.57 DISPUTES
In the event ofa conflict between the documents, the order of priority of the documents shall
be as follows:
. Any agreement resulting from the award of this Bid (if applicable); then
. Addenda released for this Bid, with the latest Addendum taking precedence; then
. The Bid; then
. Awardee's Bid,
1.58 REASONABLE ACCOMMODATION
In accordance with the Title IT of the Americans with Disabilities Act, any person requiring
an accommodation at the RFP opening because of a disability must contact Heidi Johnson
Wright at the Public Works Department at (305) 673-7080.
BID NO: 63-01102
DATE: 09/13/02
CITY OF MIAMI BEACH
14
1.59 GRATUITIES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official,
employee, or agent of the City, for the purpose of influencing consideration of this proposal.
1.60 SIGNED BID CONSIDERED AN OFFER
The signed bid shall be considered an offer on the part of the bidder or contractor, which
offer shall be deemed accepted upon approval by the City Commission of the City of Miami
Beach, Florida and in case of default on the part of successful bidder or contractor, after such
acceptance, the City may procure the items or services from other sources and hold the
bidder or contractor responsible for any excess cost occasioned or incurred thereby.
Additionally, the City may take such action.
1.61 BID CLARIFICATION:
Any questions or clarifications conceming this Invitation to Bid shall be submitted in writing
by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami
Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all
correspondence. All questions must be received no later than ten (10) calendar days prior to
the scheduled bid opening date.
All responses to questions/clarifications will be sent to all prospective bidders in the fonn
of an addendum. NO QUESTIONS WILL BE RECENED VERBALLY OR AFTER SAID
DEADLINE.
1.61 TIE BIDS:
Please be advised that in accordance with Florida Statues Section 287.087, regarding
identical tie bids, preference will be given to vendors certifying that they have implemented
a drug free work place program. A certification form will be required at the time of Bid
opemng.
1.63 PUBLIC ENTITY CRIMES (pEe):
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crimes may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor, supplier, sub-
contractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of36 months from the date of being placed on the convicted
vendor list.
1.64 DETERMINATION OF RESPONSIVENESS:
Determination of responsiveness taken place at the time of bid opening and evaluation. In
order to be deemed a responsive bidder, your bid must conform in all material respects to the
requirements stated in their Bid.
BID NO: 63-01/01
DATE: 09113101
CITY OF MIAMI BEACH
15
1.65 DELIVERY TIME:
Vendors shall specifY on the attached Bid Form, the guaranteed delivery time (in calendar
days) for each item. It must be a firm delivery time, no ranges will be accepted, Le.; 12-14
days.
1.66 INSURANCE AND INDEMNIFICATION:
(See Check List for applicability to this contract)
The contractor shall be responsible for his work and every part thereof, and for all materials,
tools, appliances and property of every description, used in connection with this particular
project. He shall specifically and distinctly assume, and does so assume, all risks of damage
or injury to property or persons used or employed on or in connection with the work and of
all damage or injury to any person or property wherever located, resulting from any action
or operation under the contract or in connection with the work. It is understood and agreed
that at all times the contractor is acting as an independent contractor.
The contractor, at all times during the full duration of work under this contract, including
extra work in connection with this project shall meet the following requirements:
Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory
requirements of the State of Florida.
Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see
checklist for limits) to protect the contractor in the interest of the City against all risks of
injury to persons (including death) or damage to property wherever located resulting from
any action or operation under the contract or in connection with the work. This policy is to
provide coverage for premises/operations, independent contractor, broad form property
damage, products/completed operations and contractual liability.
Maintain Automobile Liability Insurance including Property Damage covering all owned,
non-owned or hired automobiles and equipment used in connection with the work.
Maintain any additional coverages required by the Risk Manager as indicated on the
Insurance Check List. Name the City of Miami Beach as an additional insured on all liability
policies required by this contract. When naming the City of Miami Beach as an additional
insured onto your policies, the insurance companies hereby agree and will endorse the
policies to state that the City will not be liable for the payment of any premiums or
assessments, A copy of the endorsement(s) naming the City of Miami Beach as an additional
insured is required and must be submitted to the City's Risk Manager.
No change or cancellation in insurance shall be made without thirty (30) days written notice
to the City of Miami Beach Risk Manager.
All insurance policies shall be issued by companies authorized to do business under the laws
of the State of Florida and these companies must have a rating of at least B+:VI or better per
Best's Key Rating Guide, latest edition.
BID NO: 63-01101
DATE: 09/13/01
CITY OF MIAMI BEACH
16
Original signed Certificates of Insurance, evidencing such coverages and endorsements as
required herein, shall be filed with and approved by the City of Miami Beach Risk Manager
before work is started. The certificate must state Bid Number and Title. Upon expiration
of the required insurance, the contractor must submit updated certificates of insurance for as
long a period as any work is still in progress.
It is understood and agreed that all policies of insurance provided by the contractor are
primary coverage to any insurance or self-insurance the City of Miami Beach possesses that
may apply to a loss resulting from the work performed in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure. No deductibles will be allowed in any policies issued on
this contract unless specific safeguards have been established to assure an adequate fund for
payment of deductibles by the insured and approved by the City's Risk Manager.
The liability insurance coverage shall extend to and include the following contractual
indemnity and hold harmless agreement:
"The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a
municipal corporation, its officers, agents, and employees from all claims for bodily injuries
to the public in and up to the amount of $1,000,000.00 for each occurrence and for all
damages to the property of others in and up to the amount of $1,000,000.00 for each
occurrence per the insurance requirement under the specifications including costs of
investigation, all expenses of litigation, including reasonable attorney fees and the cost of
appeals arising out of any such claims or suits because of any and all acts of omission or
commission of any by the contractor, his agents, servants, or employees, or through the mere
existence of the project under contract".
The foregoing indemnity agreement shall apply to any and all claims and suits other than
claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach,
its officers, agents, and employees, as determined by a court of competent jurisdiction.
The contractor will notify his insurance agent without delay of the existence of the Hold
Hannless Agreement contained within this contract, and furnish a copy of the Hold Hannless
Agreement to the insurance agent and carrier.
The contractor will obtain and maintain contractual liability insurance in adequate limits for
the sole purpose of protecting the City of Miami Beach under the Hold Hannless Agreement
from any and all claims arising out of this contractual operation.
The contractor will secure and maintain policies of subcontractors. All policies shall be
made available to the City upon demand. Compliance by the contractor and all
subcontractors with the foregoing requirements as to carrying insurance and furnishing
copies of the insurance policies shall not relieve the contractor and all subcontractors of their
liabilities and obligations under any Section or Provisions of this contract.
BID NO: 63-01/02
DATE: 09/13102
CITY OF MIAMI BEACH
17
Contractor shall be as fully responsible to the City for the acts and omissions of the
subcontractor and of persons employed by them as he is for acts and omissions of persons
directly employed by him.
Insurance coverage required in these specifications shall be in force throughout the contract
term, Should any awardee fail to provide acceptable evidence of current insurance within
seven days of receipt of written notice at any time during the contract term, the City shall
have the right to consider the contract breached and justifying the termination thereof.
If bidder does not meet the insurance requirements of the specifications; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered,
It is understood and agreed that the inclusion of more than one insured under these policies
shall not restrict the coverage provided by these policies for one insured hereunder with
respect to a liability claim or suit by another insured hereunder or an employee of such other
insured and that with respect to claims against any insured hereunder, other insureds
hereunder shall be considered members of the public; but the provisions of this Cross
Liability clause shall apply only with respect to liability arising out of the ownership,
maintenance, use, occupancy or repair of such portions of the premises insured hereunder as
are not reserved for the exclusive use of occupancy of the insured against whom claim is
made or suit is filed.
BID NO: 63-01102
DATE: 09113/02
CITY OF MIAMI BEACH
18
INSURANCE CHECK LIST
xxx 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of
Florida.
xxx 2. Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000.00
per occurrence for bodily injury property damage to include Premises! Operations;
Products, Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications).
XXX 3. Automobile Liability - $1,000,000 each occurrence - ownedlnon-ownedlhired
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:
.00
.00
,00
,00
,00
.00
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
XXX 7.
XXX 8.
Thirty (30) days written cancellation notice required.
Best's guide rating B+:VI or better, latest edition,
XXX 9.
The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may be required within five (5) days after bid opening.
Bidder
Signature of Bidder
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
19
TO PROVIDE TURF MOWING SERVICES
BID #63-01102
2.0 SPECIAL CONDITIONS
2.1 PURPOSE:
The purpose of this bid is to establish a contract, by means of sealed bids to a qualified
contractor for Turf Mowing Services as specified herein, from a source (s) of supply that will
give prompt and efficient service.
2.2 TERM OF CONTRACf:
This contract shall commence the day after date of award by the City Commission of Miami
Beach Florida and shall remain in effect for a period of two years.
Providing the successful bidder will agree to maintain the same price, terms and conditions
of the current contract, this contract could be extended for an additional two (2) years, on a
year to year basis, if mutually agreed upon by both parties.
In the event that the contract is held over beyond the term herein provided it shall only be
from a month to month basis only and shall not constitute an implied renewal of the contract.
Said month to month extension shall be upon the same terms of the contract and at the
compensation and payment provided herein.
(Y
METHOD OF AWARD:
The City of Miami Beach reserves the right to make multiple awards, if deemed to be in the]
best interest of the City. The City also reserves the right to award to the lowest and best
bidder overall (for Zones lA - 4B) to a Primary and Secondary Contractor.
2.4
CERTIFICATION, INVOICES AND PAYMENT:
2.4.1 Certification
Contractors shall complete a "Certification Report Form", designated Exhibit "B",
and submit one signed copy with the monthly invoice to the Project Manager.
2.4,2 Invoices:
Contractors shall submit two (2) copies of all invoices to the Recreation, Culture &
Parks Department, Parks/ Landscape Maintenance Division, 2100 Meridian Avenue,
Miami Beach, Florida, 33139.
2.4.3 Pavment
The City agrees to pay to Contractor for the maintenance services described herein
the following compensation during the term of the Contract:
BID NO: 63-01/02
DATE: 09/13/02
CITY OF MIAMI BEACH
20
2.4.3,1 Pavment - "Comolete Service"
(a) Contractor supplies all expertise, supervision, labor, equipment, material,
transportation, facilities, and support services necessary to complete the entire
job as specified in the turf maintenance schedule and as indicated in the
specifications.
(b) The bid price is stated as "per service" amount. Each complete service cycle
must be invoiced separately on a monthly basis for services rendered during
said month and City will pay to Contractor each month the "per service"
payment amount.
(c) The compensation to be paid by City shall be rendered in monthly payments
for work performed per bid item, Payment shall be made within thirty (30)
days upon receiving invoices, in duplicate, providing that all work performed
during the preceding month has been inspected and accepted by the Project
Manager and that all applicable certifications and reports have been
submitted in accordance with the provisions of the Contract. The Contractor
shall look for payment exclusively from the funds of the City for which these
services have been provided.
(d) If the Project Manager determines that the labor for work resulting from
vandalism, acts of God, or third party negligence can be performed by
Contractor's present work force, the Project Manager may modify the
Landscape Maintenance Schedule and substitute the emergency work for
regularly scheduled work,
2.4,3.2 Payments Withheld:
If, in the sole judgment of the Project Manager, the level of maintenance is
less than that specified herein, at his option, in addition to or in lieu of other
remedies provided herein, may withhold payment from the Contractor for
work not performed, until services are rendered in accordance with
specifications and providing no other arrangements have been made between
the Contractor and the Project Manager, Notice of withholding must be in
writing to the attention of the Procurement Director.
2.4,3,3 Additional or Decreased Comoensation:
A.
Additional or decreased compensation may be authorized at the
discretion of the Purchasing Director, subject to City budgetary
conditions, for Deletion of Sites, Addition of Sites, or Additional
Work performed by the Contractor.
BID NO: 63-01102
DATE: 09113/02
CITY OF MIAMI BEACH
:n
B. Price Adiustment For The Deletion ofSite(s):
The City reserves the right to temporary or permanently delete existing sites,
and/or services at existing sites. Sites and/or services which are removed
shall -be evaluated by both the City and the contractor for the mutual
determination of a fair unit cost, to be based upon similar site receiving
similar service and/or similar services rendered at a similar site, Should it be
necessary for the Project Manager to eliminate any sites, it is understood that
the corresponding per service rate charged by the Contractor for maintenance
services will also be deleted from subsequent invoices sent to the
Department.
C. Price Adiustments For The Addition of Sites:
The City reserves the right to add new sites to the respective contract(s), and
to add services to the existing sites, New sites and/or service to be added
shall be evaluated by both the City and the contractor for the mutual
termination of a fair unit cost, to be based upon similar site receiving similar
service and/or similar services rendered at a similar site, Sites and/or services
deleted and later re-added shall be re-added at the original contract unit cost,
plus any index adjustment.
2.4.3.3
DeveloDment of and/or ImDrovement to Existin2 Sites
The City reserves the right to develop and/or improve existing sites specified
herein. Additional services required shall be evaluated by both the City and
the contractor for the mutual determination of a fair unit cost, to be based
upon similar service rendered at a similar site.
2.5 ADDlTIONSIDELETIONS OF FACILITIES:
Although this Solicitation identifies specific facilities to be serviced, it is hereby agreed and
understood that any facility may be added/deleted to from this contract at the option of the
City. When an addition to the contract is required, successful bidder(s) under this contract
shall be invited to submit price quotes for these new facilities. If these quotes are comparable
with prices offered for similar services, the award(s) shall be made to the lowest responsible
bidder(s) meeting specifications in the best interest of the City and a separate purchase order
shall be issued by the City.
2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT:
If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder
on the Bid Form shall remain fixed and firm during the term of this contract; provided,
however, that the bidder may offer incentive discounts from this fixed price to the City at any
time during the contractual term.
BID NO: 63-01/02
DATE: 09/13/02
CITY OF MIAMI BEACH
22
2.7 PRE-BID CONFERENCE/SITE INSPECTION:
A Pre-Bid Conference will be held at 9:30 a.m. on September 26, 2002, at City of Miami
Beach, City Hall, City Managers Small Conference Room, located at 1700 Convention
Center Drive, Miami Beach, Florida.
Each bidder shall thoroughly familiarize themselves with all sites, services to be performed
therein and conditions thereof and shall determine to hislher own satisfaction the character
and extent of labor, equipment and materials needed to satisfy the requirements of the
specifications herein; No allowance shall be made by the City of Miami Beach for lack of
knowledge by the bidders.
2.8 (NOT USED)
2.9 VENDOR APPLICATION
The City has contracted with DemandStar by Onv;a as our electronic procurement service
for automatic notification of bid opportunities and document fulfillment. We encourage you
to participate in this bid notification system. To find out how you can receive automatic
bid notifications or to obtain a copy of this Bid, go to www.demandstar.comorcaU toll-
free 1-800-711-1712, and request Document #633. Subscribing to DemandStar by Onvia's
bid notification system is not a requirement. You will still be able to find bid information
and download documents through the City's website (hllP://ci.llliallli-bcach.n.us. From the
City's home page, click on Procurement and follow the instructions.
2.10 CONTACT PERSON:
For any additional information regarding the specifications and requirement of this bid,
contact Mirtha Perez-Jimenez, Senior Procurement Specialist at lllirthapcrcziilllcIlCZ((/;.ci.llliami-
hcm:h./l.us or (305) 673-7490, Facsimiles will be accepted at (305) 673-7851.
2.11 SAMPLES: N/A
2.12 BIDIPERFORMANCE/PAYMENT BONDS:
A Bid Guaranty is not required, however the successful Bidder executing the Contract will be
required to provide the Performance Bond and Payment Bond in the amount of $25,000 each,
and evidence of required insurance within fifteen (15) calendar days after notification of award
of the Contract.
2.13 LIQUIDATED DAMAGES:
As specified in Section 6.4.0
2.14 PERCENTAGE ABOVE VENDOR COST: N/A
2.15 ESTIMATED QUANTITIES: N/A
BID NO: 63-01102
DATE: 09/13/02
CITY OF MIAMI BEACH
23
2.16 HOURLY RATE: N/A
2.17 GUARANTEE:
The successful bidder will be required to guarantee all work performed. The Guarantee shall
be described in detail on the attached Bid Form.
2.18 PRODUCT/CATALOG INFORMATION: N/A
2.19 REFERENCES:
Each bid must be accompanied by a list of eight (8) references (on the Customer Reference l'
Form) which shall include the name of the company, a contact person and the telephone
number. Contractor shall provide at least four (4) separate references for landscape (
maintenance projects completed, with each project having a total cost of tifteen-
thousand dollars ($15,000) or higher. NO BID WILL BE CONSIDERED WITHOUT
THIS LIST.
2.20 COMPLETE PROJECT REQUIRED:
These specifications describe the various items or classes of work required, enumerating or
defining the extent of same necessary, but failure to list any items or classes under scope of
the several sections shall not relieve the contractor from furnishing, installing or performing
such work where required by any part of these specifications, or necessary to the satisfactory
completion of the project(s). Workmanship will be inspected and approved by the Parks &
Recreation Director, or designated representative.
2.21 FACILITY LOCATION: N/A
2.22 BIDDER QUALIFICATIONS:
In order for bids to be considered, bidders must submit with their bid, evidence that they are
qualified to satisfactorily perfonn the specified work. Evidence shall include all information
necessary to certify that the bidder: maintains a pennanent place of business; has technical
knowledge and practical experience in the type of equipment included in this scope of work;
has available the organization and qualified manpower to do the work; has adequate financial
status to meet the fmancial obligations incident to the work; has not had just or proper claims
pending against him or his work; and has provided TURF MOWING SERVICES. The
evidence will consist oflisting of work that has been provided to public and private sector
clients, ie. nature of WORK within the last four (4) years.
2.23 LATE BIDS:
At time, date, and place above, bids will be publicly opened. Any bids or proposals received
after time and date specified will be returned to the bidder unopened. The responsibility for
submitting a bid/proposal before the stated time and date is solely and strictly the
responsibility of the bidder/proposer. The City is not responsible for delays caused by mail,
courier service, including U.S. Mail, or any other occurrence.
2.24 EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Bid Form and shall reference the
section. Any exceptions to the General or Special Conditions shall be cause for the bid to
be considered non-responsive.
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
14
2.25 COMPLETE INFORMATION REQUIRED ON BID FORM:
All bids must be submitted on the attached Bid Fonn and all blanks filled in. To be
considered a valid bid, the ORIGINAL AND ONE COPY of the Bid Fonn pages and all
required submittal infonnation must be returned, properly completed, in a sealed envelope
as outlined in the first paragraph of General Conditions.
2.26 MAINTENANCE AGREEMENT: N/A
2.27 EQUAL PRODUCT: N/A
2.28 TERMINATION FOR DEFAULT
If through any cause within the reasonable control of the successful Bidder, it shall fail to
fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or
stipulations material to the Agreement, the City shall thereupon have the right to tenninate
the services then remaining to be perfonned by giving written notice to the successful Bidder
of such tennination which shall become effective upon receipt by the successful Bidder of
the written tennination notice.
In that event, the City shall compensate the successful Bidder in accordance with the
Agreement for all services perfonned by the Bidder prior to tennination, net of any costs
incurred by the City as a consequence of the default. Notwithstanding the above, the
successful Bidder shall not be relieved ofliability to the City for damages sustained by the
City by virtue of any breach of the Agreement by the Bidder, and the City may reasonably
withhold payments to the successful Bidder for the purposes of set off until such time as the
exact amount of damages due the City from the successful Bidder is detennined.
2.29 LIVING WAGE REQUIREMENT:
Pursuant to Ordinance No. 2001.3301, City SeIVice Contracts involving the expenditure of
over $100,000 per year and which includes park and public place maintenance is subject to
the Living Wage Requirements.
Definitions:
"Covered Employee" means anyone employed by the City or any Service Contractor, as
further defined in this Division, either full or part time, as an employee with or without
benefits or as an independent contractor.
"Covered Employer" means the City and any and all Service Contractors, whether contracting
directly or indirectly with the City, and subcontractors of a Service Contractor.
"Service Contractor" is any individual, business entity, corporation (whether for profit or not
for profit), partnership, limited liability company, joint venture, or similar business who is
conducting business in Miami Beach, or Miami Dade County, and meets the following
criteria:
BID NO: 63-01101
DATE: 09/13/02
CITY OF MIAMI BEACH
15
The Service Contractor is:
(a) paid in whole or part from one or more of the City's general fund, capital project
finds, special revenue funds, or any other funds either directly or indirectly,
whether by competitive bid process, informal bids, requests for proposals, some
fonn of solicitation, negotiation, or agreement, or any other decision to enter
into a contract; OR
(b) engaged in the business of, or part of, a contract to provide, a subcontract to
provide, or similarly situated to provide, services, either directly or indirectly for
the benefit of the City. However, this does not apply to contracts related
primarily to the sale of products or goods.
Living Wage Paid:
All Service Contractors, as defined herein, entering into a contract with the City of
Miami Beach shall pay to all its employees who provide services covered by this
Division, a living wage of no less than $8.56 an hour with health benefits, or a living
wage of not less than $9.81 an hour without health benefits, as described in this
Section.
Health Benefits:
For a Covered Employer or the City to comply with the living wage provision by
choosing to pay the lower wage scale available when a Covered Employer also
provides health benefits, such health benefits shall consist of payment of at least
$1.25 per hour towards the provision of health care benefits for Covered Employees
and their dependents. If the health benefits plan of the Covered Employer or the
City requires an initial period of employment for a new employee to be eligible for
health benefits (eligibility period) such Covered Employer or City may qualify to pay
the $8,56 per hour wage scale during the new employee's initial eligibility period
provided the new employee will be paid health benefits upon completion of the
eligibility period. Proof of the provision of health benefits must be submitted to the
awarding authority to qualify for the wage rate for employees with health benefits.
Certification Required Before Payment:
Any and all contracts for Covered Services shall be void, and no funds may be
released, unless prior to entering any agreement with the City for a Covered
Services contract, the employer certifies to the City that it will pay each of its s
employees no less than the living wage described in herein, A copy of this
certificate must be made available to the public upon request. The certificate, at a
minimum, must include the following:
ill the name, Address, and phone number of the employer, a local
contact person, and the specific project for which the Covered
Services contract is sought;
g) the amount of the Covered Services contract and the City
Department the contract will serve;
@l a brief description of the project or service provided;
~ a statement of the wage levels for all employees; and
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
16
@ a commitment to pay all employees a living wage, as defined by
herein.
Observation of Other Laws. Every Covered Employee shall be paid not less than
biweekly, and without subsequent deduction or rebate on any account (except as
such payroll deductions as are directed or permitted by law or by a collective
bargaining agreement). The Covered Employer shall pay Covered Employees
wage rates in accordance with federal and all other applicable laws such as
overtime and similar wage laws.
(d) Posting. A copy of the living wage rate shall be kept posted by the Covered
Employer at the site of the work in a prominent place where it can easily be seen
and read by the Covered Employees and shall be supplied to the employee
within a reasonable time after a request to do so. Posting requirements will not
be required where the Covered Employer prints the following statements on the
front of the Covered Employee's first paycheck and every six months thereafter:
"You are required by City of Miami Beach law to be paid at least $8.56 dollars
an hour. If you are not paid this hourty rate, contact your employer, an attorney,
or the City of Miami Beach." All notices will be printed in English, Spanish, and
Creole.
(e) Collective Bargaining. Nothing in this Division shall be read to require or
authorize any Covered Employer to reduce wages set by a collective bargaining
agreement or are required under any prevailing wage law,
Maintenance of PayroU Records. Each Covered Employer shall maintain payrolls for all
Covered Employees and basic records relating thereto and shall preserve them for a period
of three (3) years or the term of the Covered Services contract, whichever is greater. The
records shall contain:
(1) the name and address of each Covered Employee;
(2) the job title and classification;
(3) the number of hours worked each day;
(4) the gross wages earned and deductions made;
(5) annual wages paid;
(6) a copy of the social security returns and evidence of payment thereof;
(7) a record of fringe benefit payments including contributions to
approved plans; and
(8) any other data or information this Division should require from time
to time.
Reporting Payroll:
Every six (6) months, the Covered Employer shall file with the Procurement Director a
complete payroll showing the Covered Employer's payroll records for each Covered
Employee working on the contract(s) for Covered Services for one payroll period. Upon
request from the City, the Covered Employer shall produce for inspection and copying its
payroll records for any or all of its Covered Employees for any period covered by the
Covered Service contract. The City may examine payroll records as needed to ensure
compliance.
BID NO: 63-01/02
DATE: 09/13102
CITY OF MIAMI BEACH
27
COMPLIANCE AND ENFORCEMENT.
Service Contractor to Cooperate. The Service Contractor shall pennit City employees,
agents, or representatives to observe work being performed at, in or on the project or matter
for which the Service Contractor has a contract. The City representatives may examine the
books and records of the Service Contractor relating to the employment and payroll to
determine if the Service Contractor is in compliance with the provisions of this Division.
Complaint Procedures and Sanctions.
(1) An employee who believes that this Division applies or applied to him or her and
that the Service Contractor, or the City, is or was not complying with the
requirements of this Division has a right to file a complaint with the Procurement
Director of the City. Complaints by employees of alleged violations may be
made at any time and shall be investigated within thirty (30) days by the City.
Written and oral statements by an employee shall be treated as confidential and
shall not be disclosed without the written consent of the employee to the extent
allowed by the Florida Statutes.
(2) Any individual or entity may also file a complaint with the Procurement Director
of the City on behalf of an employee for investigation by the City,
(3) It shall be the responsibility of the City to investigate all allegations of violations
of this Division within thirty (30) days. If, at any time, the City, upon
investigation detennines that a violation of this Division has occurred, it shall,
within ten (10) working days ofa finding of non-compliance, issue a notice of
corrective action to the employer specifying all areas of non-compliance and
deadlines for resolutions of the identified violations. If a Service Contractor fails
to comply with any notice issued, the City Manager or the City Manager's
designee may issue an order in writing to the Service Contractor, by certified
mail or hand delivery, notifying the Service Contractor to appear at an
administrative hearing before the City Manager or the City Manager's designee
to be held at a time to be fixed in such order, which date shall be not less than
five (5) days after service thereof.
(4) The proceedings shall be infonnal, but shall afford the Service Contractor the
right to testify in the Service Contractor's own defense, present witnesses, be
represented by counsel, submit relevant evidence, cross examine witnesses and
object to evidence.
(5) The proceedings shall be recorded and minutes kept by the City, Any Service
Contractor requiring verbatim minutes for judicial review may arrange for the
services ofa court reporter at the expense of the Service Contractor.
BID NO: 63-01102
DATE: 09/13/02
CITY OF MIAMI BEACH
28
(6) Within ten (10) days of the close of the hearing, the City Manager or the City
Manager's designee shall render a decision in writing determining whether or not
the Service Contractor is in compliance, or whether other action should be taken,
or whether the matter should be continued, as the case may be, and stating the
reasons and findings of fact.
(7) The City Manager or the City Manager's designee shall file findings with the
City Clerk, and shall send a true and correct copy of his order by certified mail,
return receipt requested, or by hand delivery, to the business address as the
Service Contractor shall designate in writing.
(8) The City Manager's or designee's findings shall constitute the final
administrative action of the City for purposes of judicial review under state law.
(9) Ifa Service Contractor fails to seek timely appellate review of an order of the
City Manager or the City Manager's designee, or to comply timely with such
order, the City may pursue the enforcement of sanctions set forth in Section 2-
410 (c).
Private Rigbt of Action Against Service Contractor:
Any Covered Employee of or former Covered Employee of a Service Contractor may,
instead of utilizing the City administrative procedure set forth in this Division, but not in
addition to such procedure, bring an action by filing suit against the Covered Employer in
any court of competent jurisdiction to enforce the provisions of this Division and may be
awarded back pay, benefits, attorney's fees, and costs.
The applicable statute of limitations for such a claim will be two (2) years as provided in
Florida Statutes Section 95.1 1 (4)(c) for an action for payment of wages. The court may also
impose sanctions on the Service Contractor, including those persons or entities aiding or
abetting the Service Contractor, to include wage restitution to the affected Covered
Employee and damages payable to the Covered Employee in the sum of up to $500 for each
week each Service Contractor is found to have violated this Division.
Sanctions Against Service Contractors:
For violations of this Division, the City shall sanction a Service Contractor by requiring the
Service Contractor to pay wage restitution at the employer's expense for each affected
employee and may access the following:
(I) The City may impose damages in the sum of$500 for each week for each
employee found to have not been paid in accordance with this Division;
and/or
(2) The City may suspend or terminate payment under the Covered Services
contract or tenninate the contract with the Service Contractor; and/or
BID NO: 63-01102
DATE: 09/13/02
CITY OF MIAMI BEACH
29
(3) The City may declare the employer ineligible for future service contracts
for three (3) years or until all penalties and restitution have been paid in
full, whichever is longer. In addition, all employers shall be ineligible
under this section where principal officers of the employer were principal
officers of an employer who violated this Division.
Public Record of Sanctions. All such sanctions recommended or imposed shall be a matter
of public record.
Sanctions for Aiding and Abetting. The sanctions in Section 2-41 0 (c) shall also apply to
any party or parties aiding and abetting in any violation of this Division.
Retaliation and Discrimination Barred. A Covered Employer shall not discharge, reduce
the compensation, or otherwise discriminate against any Covered Employee for making a
complaint to the City, or otherwise asserting his or her rights under this Division,
participating in any of its proceedings or using any civil remedies to enforce his or her rights
under this Division.
Allegations of retaliation or discrimination, if found true in a proceeding under paragraph (b)
or by a court of competent jurisdiction under paragraph (c), shall result in an order of
restitution and reinstatement of a discharged Covered Employee with back pay to the date
of the violation or such other relief as deemed appropriate.
Enforcement Powers. If necessary for the enforcement of this Division, the City
Commission may issue subpoenas, compel the attendance and testimony of witnesses and
production of books, papers, records, and documents relating to payroll records necessary for
hearing, investigations, and proceedings.
In case of disobedience of the subpoena, the City Attorney may apply to a court of
competent jurisdiction for an order requiring the attendance and testimony of witnesses and
production of books, papers, records, and documents. Said court, in the case of the refusal
to obey such subpoena, after notice to the person subpoenaed, and upon finding that the
attendance or testimony of such witnesses of the production of such books, papers, records,
and documents, as the case may be, is relevant or necessary for such hearings, investigations,
or proceedings, may issue an order requiring the attendance or testimony of such witnesses
or the production of such documents and any violation of the court's order may be
punishable by the court as contempt thereof.
Remedies Herein Non-Exclusive. No remedy set forth in this Division is intended to
be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this
Division in a court oflaw. This Division shall not be construed to limit an employee's right
to bring a common law cause of action for wrongful termination.
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
30
2.30 FINANCIAL STABILITY AND STRENGTH:
The bidder must be able to demonstrate a good record ofperfonnance and have sufficient
financial resources to ensure that they can satisfactorily provide the goods and/or services
required herein.
BidderslProposers shall submit financial statements for each of their last two complete fiscal
years within ten (10) calendar days, upon written request.. Such statements should include,
as a minimum, balance sheets (statements of financial position) and statements of profit and
loss (statement of net income). When the bid submittal is from a Joint Venture, each
Bidder/Proposer involved in the Joint Venture must submit financial statements as indicated
above.
Any Bidder/Proposer who, at the time of bid submission, is involved in an ongoing
bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if
a trustee or receiver has been appointed over all or a substantial portion of the property of the
Bidder/Proposer under federal bankruptcy law or any state insolvency, may be declared non-
responsive.
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
31
.,.
.,.
PERFORMANCE BOND
Bond No. 100054
(This bond meets and exceeds the requirements of Florida Statutes Section 255.05)
STATE OF FLORIDA)
ss
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that we,Sou thern Landsea DingEn ter.l(rises Ine.
as Principal, hereinafter called Contractor,~ and"
N a v~ Fl t o. r s T n s 11 .r Fl n r p Com p.a Il.}'- .. as Surety, are firmly bound unto the City 0 f Miami
Beac , Flonda. as O. bhgee, hereinafter called the City, in the PenaL sum oITwent~ (i ve Thousand>'
Dollars ($ 25-, 000 . 00 l, for thc payment of which sum well and tnlly to be ma ,we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severalLy, firmly
by these presents.
WIfEREAS, Contractor, on the 28 t h day of 0 eta b e r , 200..Jentered into a certain
contract with the City, hereto attached, for BID NO. 63-01/02, Entitled: TO PROVIDE TURF
MOWING SERVICES, which Contract is made a part hereof by reference thereto.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if
the Contractor shall well and truly perform and fulfill all the undertakings, covenants, tenns,
conditions and agreements of said Contract, and all duly'authorized modifications of said Contract
that may hereafter be made, notice of which modifications to the Surety being hereby waived, then
this obligation shall be void; otherwise to remain in full fOIce and effect.
WHENEVER the Principal shall be and is declared by the City to be in default under the
Contract, or whenever the Contract has been tenninated by default of the Contmctor, the City having
perfonned the City's obligations thereunder, the Surety shall:
L Complete the Contract in accordance with its terms and conditions, or at the City's
sole option.
2. Obtain a Bid or Bids for submission to the City for completing the Contract in
accordance with its terms and conditions, and upon determination by the City and the
Surety of the lowest responsible Bidder, arrange for a ContraCt between such Bidder
and the City, and make available as Work progresses (even though there should be
a default or a succession of defaults under the Contract or Contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less the
balance of the Contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the ContraCt price" as used in this paragraph,
shall mean the total amount payable by the City to the Contractor undcr the Contract
and any amendments thereto, less the amount properly paid by the City to the
contractor.
_.~."^'1:")tn'"
CITY OF :\1IAMI BEACH
"l7.
BID NO: 63~1/02
No right of action shall accrue on this Bond to or for the use of any person or
corporation other than the City named herein or the successors or assignees thereof.
The Surety shall and does hereby agree to indemnify the City and hold it harmless of:
from and against any and all liability, loss, cost, damage or expense, including
reasonable attorneys fees, engineering and architectural fees or other professional
services which the City may incur or which may accrue or be imposed. upon it by
reason of any negligence,. default, act and/or omission on the part of the Contractor,
any Subcontractor and Contractor's or Subcontractors agents, servants andlor
employees, in, about or on account ofthe Construction of the work and performance
of said Contract by the Contractor.
This Bond shall remain in full force and effect for such period or periods of time after
the date of acceptance of the project by the City as are provided for in the Contract
Documents, and the Contractor hereby guarantees to repair or replace for the said
periods all work performed and materials and equipment furnished, which were not
performed or furnished according to the tenns of the Contract Documents, If no
specific periods of warranty are stated in the Contract Documents for any particular
item of work, material or equipment, the Contractor hereby guarantees the same for
a minimum period of one (1) year from the date of final acceptance by the City of the
entire project.
Any suit on this bond must be instituted within such period or periods as may be
provided by law.
BID NO: 63-01101
DATE: 09/13102
CITY OF MIAMI BEACH
33
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed
by their appropriate officials of the R r h day of
. TAn 1I Fl r y . 20 ..D 1 .
WIT!'iESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Finn Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
'~outhern Landscaping_Enterprises Inc.
(CoI1lorate Name) ,-
BY ~ L~_
(president)
Attest:~C:C -......2:..~
. Secretary)
(CORPORATE SEAL)
SURETY:
opy of Agent's curreat
License as issued by State
of Florida Insurance By:
Commissioner
(Power of Attorney mllSt be attached)
BID NO: 63~l/OZ
DATE: 09/13102
CITY OF MIAMI BEACH
34
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, r;, ~^i.. Ad<~tl '0. , certify that I am the SecretarY of the Corporation named as
Principal in the foregoing bond; that S-av,/of rn ~ fA.. I who signed the said bond on behalf
(~ -
of the Principal, was then J. 1\~('l>'iIf1'" ' of said Corporation; that I know his
signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and
attested for and in behalf of said Corporation by authority of its governing body,
qp~~- ~ COre:te
STATE OF FLORIDA)
u
COUNTY OF )
I' I B~""" 'lr' . N~ Public. duly ___i,oiooed, qualified and acting, penonaUy ...,.....t
(y loll.1 n. ti ~tf(,.o to me w~l known, who being by me first duly sworn upon oath, says
that he is the Attorney-in-Fact, for thcJtx.'1'~"" ~>>, '''';101'' !"'4olI"IIlit\~ and that he has been
authorized by {;{ I (j4;';P1I- ( to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of Miami Beach. Florida.
Subscribed and sworn before me this 1 day of -e!IJIJ ,20.!.J.... A.D,
~.~~
(Attach Power of Attorney)
o ft,tl\.(;'f'o State of Florida-at-Large
OEft~e ~ flol\d~
~~~es::'IC~\O~r. ommission Expires:
lAY ~nellC'/' \11 .
~\IIIII~II.~
,
BID NO: 63~IIOZ
DATE: 09/1310Z
CITY OF MIAMI BEACH
35
LABOR AND MATERIAL PAYMENT BOND Bond No. 100054
(SECTION 255.05, FLA. STAT.)
I
BY THIS BOND, We, S~u thern Land sc a pi n 8. ~..n-=r pri ses "- r..&c?rincipal, and
Navigators Insurance Company ~.
, \ . cl\li corporation, as Surety, are bound to the City of Miami Beach,
Flonda, as obligee, herein called City, in the sum of S 25 ,000 . 0_0 _ for the
payment of which we bind ourselves, our heirs, personal representatives, successors and assigns,
jointly and severaIIy.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payments to all claimants, as dermed in Section 255.05 (1), Fla. Stat"
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal
in the prosecution of the work provided for in the contract; and
Pays City all losses, damages, expenses, costs, and attorneys fees, including appellate
proceedings, that the City sustains in enforcement of this bond,
Performs the guarantee of all labor and materials furnished under the: contraCt for the: time
specified in the contract, then this bond is void, otherwise it remains in full force.
Any changes in or under the contract documents and compliance or noncompliance with any
formalities cOIUlected with the contract or the changes does not affect Surety's obligation
under this bond,
The provisions of Section 255,05, Fla. Stat., are specificaUy adopted by reference and made
a part hereof for the purposes specified therein.
Oc to ber 28 2.002 . .' al' mad art fthi
The contract dated _ 'oetween the City and Pnnclp IS e a P 0 s
Bond by reference. .
Claimants are advised that Section 255,05, Fla. Stat., contains notice and time limitation
provisions which must bc strictly complied with.
_____ _1""". ,c"2 "11ft.,
CITY OF MIAMI BEACH
NA VIvA TORS INSURANCE ~OM;P ~NY
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the NAVIGATORS INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the
State of New York ("Company" or "Corporation"), does hereby nominate, constitute and appoint, John Sachanda its true and lawful
Attomey(s).in.fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds. undertakings,
recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed $ 500,000.00.
Such bonds and undertakings, when duly executed by the aforesaid Attomey(s).in-fact shall be binding upon the said Company as fully and to the same extent as if such
bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company
on the 7th day of June, 2002:
RESOLVED, that the President, or any Vice President of the Company or any person designated by anyone of them is hereby authorized to
execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, bonds,
undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them
hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company, and it was
FURTHER RESOLVED, that the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall
be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached.
Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of
Directors of the Company on June 7,2002.
RESOLVED, that the signature of the President of this Company, and the seal of this Company may be affixed or printed on any and all bonds,
undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating
thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or
other written obligation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation.
IN WITNESS WHEREOF, the NA VIGA TORS INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its
duly authorized officers this 26" day of June, 2002.
/.......:-~..;~".''''r,1'
/' - .".' '/ ;Of
~fE~~)
"'. "... t. ~ oJ' /"-
'....;',.,,~
BY:
JSEN~ ~,
~ !J- W~
SECRETARY
Attest:
STATE OF NEW YORK
On this 26" day of June, 2002, before me personally came Stanley A. Galanski, to me known, who, being duly sworn, did depose and say: that he is President of the
Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such
corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and
authority:
ANGELA CONENNA
Notary Public, State of New York
No. 01C06029961
Qualified in Kings County
Commission Expires August 30, 200 ~
~~
NOTARY PUBUC
STATE OF NEW YORK
COUNTY OF NEW YORK ss.
I, Bradley D. Wiley, Secretary of the NAVIGATORS INSURANCE COMPANY, a corporation of the State of New York, do hereby certify that the above and
foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared same with the original and that it is a correct
transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company, at the City of New York, this 8th day of January, 2003.
l~~~~iij(::,
~~~~,~_~:i;!~':
"" .'; - - '/.,
....."/',,~-
~ & CJ~
SECRETARY
\..._/
. ~
.
'.
'I
~, .
,
.,
.....
..-
./
/
...-/
"
""-.
'[
/
.....,'
'.
;.J, .'
,!"- . ..,
~: ,
.
"
AGREEMENT
mIS AGREEMENT made this 28th day of October 2001 . A.D. between the CITY
OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term
shall include its successors and assigns, party of the one part, and
Southern Landscaoing
10350 N.W. 55th Street
Sunrise. Florida 33151
hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party
of the other part.
WITNESSETH that the said Contractor for the consideration and compensation herein agreed to
be paid and the said City in consideration of the construction of improvements to be done by said
Contractor and designated "TO PROVIDE TURF MOWING SERVICES" by said City, do
hereby mutually agree as follows:
1. This Agreement shall extend to and be obligatory upon said City, its successors and
assigns, and upon said Contractor and its heirs, successors and assigns, Neither this
Agreement nor any part thereof nor any part of the Work herein contemplated, shall be
assigned or sublet, nor shall any .sums of money provided to be paid to said Contractor be
assigned by said Contractor to anyone without the consent of the City Commission of
said City evidenced by its resolution.
2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal,
and the Contract Documents and such alterations as may be made in said Plans and
Specifications as therein provided for, are hereby referred to and made a part of this
Agreement and the terms and conditions set forth therein, except when in direct conflict
with this written Contract, are as much a part hereof as if copied herein. If conflicts exist
between them and this written instrument, only that part of the matter in direct conflict
herewith shall not be construed to be a part hereof,
3, The Contractor shall commence work in accordance with the Mowing Schedule within
seven (7) days of the Notice to Proceed and shall construct and complete in a good and
workmanlike manner the materials herein referred to, strictly in accord herewith the
following:
3.1 The Contractor shall provide Turf Mowing in accordance with Section 5.0
"Grounds, Maintenance Functions and Task" and Section 6.0, "Performance
Control and Inspection", of the Contract Documents.
3.2 Damages - City and Contractor recognize that the City will suffer direct financial
loss if Work is not completed within the Contract times specified in paragraph 3.1
above. They also recognize the delays, expense and difficulties involved in
proving in a legal or arbitration proceeding the actual loss suffered by Owner if
BID NO. 63-0 1/02 PAGE 1 of 4
DATE: 10/28/02
the Work is not completed on time, and therefore time is of the essence.
Accordingly, instead of requiring any such proof Contractor agrees to forfeit and
pay Owner as liquidated damages for delay (but not as a penalty) the amount of
Two Hundred Dollars ($200.00) for each calendar day that expires after the
Contract Time specified in Section 6.4.0 "Deficiency Notices and Liquidated
Damages" until the Work is substantially complete. These amounts represent a
reasonable estimate of Owner's expenses for extended delays and for inspection,
engineering services and administrative costs associated with such delay.
4. In such construction said Contractor shall furnish all implements, machinery, equipment,
transportation, tools, materials, supplies labor, and other things necessary to the execution
and completion of the Work, nothing being required of the City except that it may, at its
expense, supervise such construction and enter upon and inspect the same at all
reasonable times.
5. If any dispute arises between the City and said Contractor with reference to the meaning
or requirements of any part of this Contract and they cannot agree, the more stringent
requirements shall govern as detennined by the City.
6. If the Contractor shall complete the construction herein contemplated in a good and
workmanlike manner within the time herein specified and in accord herewith. the said
City shall pay to the Contractor the contract sum in accordance with the Conditions of the
Contract. The City, by allowing Contractor to continue with said construction after the
time for its completion hereinbefore stated shall not deprive City of the right to exercise
any option in this Agreement contained nor shall it operate to alter any other tenn of this
Agreement.
7, The Contractor shall file with the Procurement Director of said City of Miami Beach a
Performance and Labor and Material Payment ~ond, each in the amount of $25,000, in
the form as set forth herein or as otherwise approved by the City of Miami Beach City
Attorney and shall be executed by said Contractor and Surety Agent authorized to do
business in the State of Florida.
8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of
Miami Beach Risk Manager.
9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance
Certificates have been filed and approved, this Contract Agreement shall not be effective.
BID NO. 63-01102
DATE: 10/28/02
PAGE2of4
10, Owner shall pay Contractor for perfonnance of the Work in accordance with the Contract
Documents in current funds at the lump sum or unit prices presented in the Bid Proposal,
attached to this Agreement. The parties expressly agree that the Contract Price is a
stipulated sum except with regard to the items in the Bid which are subject to unit prices.
Contract Price:
$96.840
11. The Contract Documents which comprise the entire Agreement between City and
Contractor are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided
in the General Conditions.
BID NO. 63-01/02
DATE: 10/28/02
PAGE3of4
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first above written.
~~p~
City Clerk
MIAMI BEACH
M
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below,]
CONTRACTOR
~~~
By:
50 ,..A.l.e .. '^ L::A ,^.A=c..~"1 "'"~ I:: ~-\-. -::r...." c ..
(Name of Corporatl n)
~- L ~,P
(Signature)
~-\e-.Je",,-l.. a.c.,\ ~ (:>(<:.s,\ dE''''''--\ .
(Print Name and Title)
c..b day of No u. ,200'"2..
ATTEST:
(Corporate Seal)
[If not incorporated sign below.]
CONTRACTOR
WITNESSES:
By:
(Name of Firm)
(Signature )
(Print Name and Title)
_ day of
,20_.
CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
_~.1 .
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
BID NO. 63-01102
DATE: 10/28/02
PAGE4of4
1- I ?-{fl
om~ Date
"
.. ACORD CERTIFICATE OF LIABILITY INSURANCE I, DATE
1M 1/15/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
COVER ALL INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5800 W. ATLANTIC BLVD, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
MARGATE, FL 33063 INSURERS AFFORDING COVERAGE
INSURED SOUTHERN LANDSCAPING ENTERPRISES INC INSURER A: BURLINGTON INSURANCE COMPANY
10350 N.W. 55TH STREET INSURER B: HARTFORD ACCIDENT & INDEMNITY COMPANY
SUNRISE, FL 33351 INSURER C:
INSURER D:
I IN''''RER F:
COVERAGES
THEPOLICIESOFINSURANCEUSTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED.NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POUCIES DESCRIBED HEREIN ISSUBJECTTOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~t: TYPE OF INSURANCE POUCY NUMBER P,\lH~Y EFFECTIVE POUCY EXPIRATION UMlTS
gNERAL LIABIUTY EACH OCCURRENCE $1 000.000
A X COMMERCIAL GENERAL UABIUTY B0167Q514617 R.1 12/11/02 12/11/03 FIRE DAMAGE 'Anv 0"" 'Ire' $100.000
I CLAIMS MADE [!] OCCUR MED EXP (Anv one ....0., $5 000
- PERSONAL & ADV INJURY $1 000.000
- GENERAL AGGREGATE $1000000
~'L AGG~n UMIT APMS PER PRODUCTS'COMP~PAGG $1 000.00
POLICY ~~* LOC
~TOMOBlLE LIABIUTY COMBINED SINGLE LIMIT $
ANY AUTO (EI occident)
- ~
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per pOTIon)
- ii/V/) \
- HIRED AUTOS BODILY INJURY
$
NONoOWNED AUTOS (Per accldlnt)
-
- PROPERTY DAMAGE $
(Per accident)
~~GE LIABIUTY AUTO ONLY, EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS UABlUTY EACH OCCURRENCE $
::J'OCCUR D CLAIMS MADE AGGREGATE $
$
==i DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X I ~~~~~T.!t~ I 10,l,t!'
B EMPLOYERS' UABILITY 38WBGGA4231 03109102 03/09/03 E.L. EACH ACCIDENT $100000
E.L. DISEASE, EA EMPLOYE $100 000
E.L. DISEASE, POUCY UMIT $500 000
OTHER
DESCRIPTION OF OPERATlONSlLOCATlONSNEHlCLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
LANDSCAPING
CERTIFICATE HOLDER ADDED AS ADDITIONAL INSURED:
CERTIFICATE HOLDER I y T ADDITIONAL INSURED; INSURER LETTER: CANCELLATION .
CITY OF MIAMI BEACH SHOULD /lilY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
1700 CONVENTION CENTER DRIVE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ...1L- DAYS WRITTEN
MIAMI BEACH, FL. 33939 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGATlON OR UABlUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHOR~ REP~TATI'C' ,""-
, ~-
~.,..,-
il ACORD CORPORATION 1988
ACORD 25-8 (7/97)
@
t
CERTIFICATE OF INSURANCE
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE
-TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO
, THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN, THIS CERTIFICATE OF INSURANCE
E~ C ANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW.
T is ffIIMI t: 0 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, IUinois, or
INSUUNC'. 181 STATE FARM FIRE AND CASUALTY COMPANY of Bloomlngton,lIIinois
has coverage in force for the following Named Insured as shown below :
Named Insured Southern landscaping Enterprises inc
Address of Named Insured 10350 NW 55 St
Sunrise FI33351
POLICY NUMBER
EFFECTIVE DATE OF
POLICY
DESCRIPTION OF
VEHICLE
LIABILITY COVERAGE
LIMITS OF LIABILITY
a. Bodily Injury
Each Person
a. Bodily Injury
Each Accident
b. Property Damage
c. BodHy Injury &
Property Damage
Single Limit Each
Accident
PHYSICAL DAMAGE
COVERAGES
a. Com ehensive
b. Collision
EMPLOYER'S
NON-OWNERSHIP
COVERAGE
HIRED CAR COVER
132 97~7-59-001
AUG-14-02 to FEB-14-l13
1996 TOYOTA 1100
$1,000,000.00
I8IYES
DYES
DYES
DYES
DNO
DNO
DNO
DNO
AGENT
Title
01/15103
Date
6557
Agent's Code Number
Signature of Authorized Representative
Name and Address of Agent
I
I
Name and Address of Certificate Holder
I
I
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, Fl 33939
L
~
~
L
Check if a pennanent Certificate of Insurance for liability coverage is needed: D
Check if the Certificate Holder should be added as an Additional Insured: D
Remarks:
158--4430.2 Rev. 9-84 Printed In U.S.A.
TO PROVIDE TURF MOWING SERVICES
BID #63-01102
3.0 GENERAL REQUIREMENTS
3.1 SCOPE OF WORK
3.1.1 The work specified in this section consists of furnishing all labor, machinery, tools,
means of transportation, supplies, equipment, materials, services and incidentals
necessary to provide complete landscape maintenance services as specified herein.
3.1.2 The work shall include but not be limited to, litter retrieval and waste disposal,
mowing, edging, and trirnming of various varieties of turf. Bid prices shall include
all labor, equipment and materials needed to perfonn those duties set forth in this
section.
3.1.3 The work shall include Traffic Control as described herein,
3.1.4 The locations of the work referenced in the above document are located throughout
the City of Miami Beach, they include the following areas (SEE SOUTH/NORTH
MOWING SCHEDULE, PAGES 60 -63)
3.2 QUALIFICATIONS: (BIDDER SHALL SUBMIT SATISFACTORY EVIDENCE
WITH THEIR BID THAT THEY MEET THE FOLLOWING MINIMUM
REQUIREMENTS)
Parties deemed to be qualified to service this contract shall be judged on their past
perfonnance and present ability to provide all labor, materials, and equipment to successfully
fulfill the provisions of this Bid.
3.2.1 Company Qualification
3,2.2 Company shall have been in continuous service and incorporated in the State of
Florida for a minimum of four (4) years.
3.2.3 Company must have a proven history in the care and maintenance of specialty turf
grass types.
3.2.4 Company must be fully licensed with all required State and/or Local government
licenses, and pennits (irrigation, pest control, horticultural services, etc.).
3,2.5 Company must have a person with a minimum of five years of field experience that
is employed on a full time basis, who will act as the Project Supervisor.
3.2,6 (Not Used)
QIj) Company must be a drug and alcohol free workplace. -
3.2.8 Provide a minimum of one (1) full time Project Supervisor as specified in
Para.3.3.I, to manage all facets of the turf management for the contractor,
3.2.9 Managers must have excellent communication skills and be capable of directing all
regular maintenance and additional landscape services and coordinating these with
BID NO: 63-01/02
DATE: 09/13/02
CITY OF MIAMI BEACH
39
the designated City of Miami Beach staff.
3.2.10 Managers shall constantly use their experience and training to prevent, detect and
control adverse conditions by physically inspecting the landscape and properly
guiding the maintenance program.
3.2.11 Technical Services
A. To provide an adequate number of personnel specifically trained, experienced and
licensed in the following area: turf maintenance.
B. (Not Used)
C. (Not Used)
3.3 CONTRACTOR'S RESPONSIBILITIES
3.3.1 Proiect Suoervisor
The Contractor shall maintain a Project Supervisor at the facilities at all times during
the hours of operation, and such supervisor shall be able to be communicated with
by pager, two way radio or cellular telephone.
The Project Supervisor shall have a minimum of five years field supervisory
experience and be able to manage all facets of the landscape management for the
Contractor, The Supervisor must have excellent communication skills and be
capable of directing all regular maintenance and additional landscape services and
coordinate this work with the designated City staff. The Supervisor shall constantly
use their experience and training to prevent, detect and control adverse conditions by
physically inspecting the landscape and properly guiding the maintenance program.
3,3.2 Oualifications
The Contractor must submit the qualifications of the Project Supervisor at the time
of the Bid submittal to include resume, description of experience with references and
contact numbers.
3.4 CONTRACTOR'S PERSONNEL
Contractor shall employ personnel competent to perform the work specified herein.
Contractor's employees shall be United States citizens or in possession of appropriate
documentation permitting the employees to work in Dade County. The City reserves the right
to request the removal of the Contractor's employees from performing maintenance on the
City's grounds where the employees performance or actions are obviously detrimental to the
program. Standards for Contractor's employees include the following:
3.5 DISASTER RESPONSE
The Contractor shall maintain, on a twenty-four (24) hour on-call basis, by pager, two way
radio, or cellular telephone, a staff sufficient to address emergency contingencies (ie.,
hurricanes, tornados, floods, etc.) which may arise from time to time. The Contractor will
respond with immediate action to emergencies that adversely affect the City of Miami Beach,
so that the situation is corrected at the earliest possible moment. The Contractor shall be
compensated for use of personnel and equipment based upon the indicated classifications in
the bid tabulation.
BID NO: 63-01/02
DATE: 09/13/02
CITY OF MIAMI BEACH
40
3.6
UNIFORMS
The Contractor will provide, at Contractor's expense, color coordinated uniforms for all
personnel. Such uniforms shall meet Owners' public image requirements and be maintained
by Contractor so that all personnel are neat, clean and professional in appearance at all times.
Non-uniform clothing will not be permitted, including for new employees.
3.7
CONDUCT
Conduct standards for Contractor's employees should meet or exceed those required for City
employees. The following are some guidelines:
* Drugs and alcohol, or their use, is not permitted on City property nor are personnel
allowed on property while under the influence of such substances.
Firearms or other weapons are strictly forbidden,
Fighting or loud, disruptive behavior is not permitted.
*
*
All personnel will be subject to applicable City safety and security rules and procedures
pertaining to conduct, vehicle use, property access, etc.
3.8 SAFETY
3.8,1 Contractor agrees to perform all work outlined in the Contract in such a manner as
to meet all accepted standards for safe practices during the maintenance operation,
to safely maintain equipment, machines, and materials, and to remedy hazards
consequential or related to the work. The Contractor further agrees to accept the sole
responsibility for compliance with all local, County, State or other legal requirements
including but not limited to: (I) full compliance with the terms of applicable
O.S.H.A. Safety Orders, (2) requirements of the Florida Deoartment of
Transportation Manual of Traffic Controls and Safe Practices For Street and
Highwav Construction. Maintenance and Utility Operations, at all times so as to
protect all persons including Contractor's employees, agents of the City, vendors, and
members of the public or other firms from injury or damage to their property.
3.8.2 The City, through its Project Manager, reserves the right to issue immediate restraint
or cease and desist order to Contractors when unsafe or harmful acts are observed or
reported relative to the performance of the work under the Contract.
3.8.3 During normal working hours, Contractor shall obtain emergency medical care for
any member of the public who is in need thereof, because of illness or injury
occurring on the site, including a prompt report thereof to the Project Manager.
3.8.4 In performing the scope of work, all safety on or off the job site shall be the sole
responsibility of the Contractor. The City shall not be responsible for safety on or off
the job site. The City's on-site observations or inspections shall be only for the
purpose of verifying that the maintenance Specifications are being implemented
properly. The City's on-site observations or inspections are not for safety on or off
the job site for the Contractor's employees or the public.
BID NO: 63-01/02
DATE: 09/13/02
CITY OF MIAMI BEACH
41
3.8.5 Traffic Safety Control- The Contractor shall at his cost, observe all safety regulation;
including placing and display of safety devices, provisions of police to control traffic,
etc, as may be necessary in order to conduct the public through the project area in
accordance with F.D.O.T,'s "Manual on Traffic Controls and Safe Practices for Street
Highway Construction, Maintenance and Utility Operations."
3.9 CONTRACTOR'S VEHICLES
Contractor's vehicles shall be in good repair, free from leaking fluids, properly registered, of
unifonn color and shall bear the company name on each side in not less than 3-1/2" letters
unless otherwise prescribed by law or ordinance.
3.10 CONTRACTOR'S EQUIPMENT
All equipment shall be maintained in an efficient and safe operating condition while
perfonning work under the contract. Equipment shall have proper safety devices maintained
at all times while in use. If equipment does not contain proper safety devices and/or is being
operated in an unsafe manner, the City may direct the Contractor to remove such equipment
and/or the operator until the deficiency is corrected to the satisfaction of the City. The
Contractor shall be responsible and liable for injury to persons caused by the operation of the
equipment.
3.11 CONTRACTOR'S DAMAGES
Any damages to the road, facilities, sewers, utilities, irrigation system, plant material or
vegetation caused by the Contractor shall be repaired at the expense of the Contractor to the
satisfaction of the City. Failure to restore said damages within three (3) working days
following notification shall result in a deduction from the next invoice of the City's expenses
incurred by the City for labor, material or equipment to restore the property to its original
condition.
3.12 INDEPENDENT CONTRACTOR
Contractor shall act under the Contract as an independent Contractor vis-a-vis City of Miami
Beach and will not be an agent or employee of the City. Contractor shall not represent or
otherwise hold out itself or any of its subcontractors, directors, officers, partners, employees,
or agents to be an agent or employee of the City.
3.13 PERMITS, LICENSES, CERTIFICATES
Contractors shall obtain, at their expense, valid pennits, licenses and certificates (City,
County, State, Federal) as required for work under the Contract.
3.13.1 Contractors shall give all notices and pay fees and taxes required by law in
perfonnance of the Contract.
3.13.2 Comoliance with Miami Beach Parks. Recreation & Culture Deoartment and the
State of Florida Deoartment ofTransoortation Rules and RelZUlations: Contractors
shall comply and abide by all rules and regulations of the above-referenced
departments as they may be applicable to perfonnance of the Contract.
BID NO: 63-01101
DATE: 09/13/01
CITY OF MIAMI BEACH
41
3.13.3 Advertising and Sims: Contractors shall not advertise or place signs on the site,
facilities or equipment of the City of Miami Beach.
3.14 SUBCONTRACTORS
Nothing contained in the specifications shall be construed as creating any contractual
relationship between any subcontractor and the City. Contractors shall be as fully
responsible to the City for the acts and omission of the subcontractors as for the acts and
omissions ofperson(s) directly employed.
3.15 PROTECTION OF PROPERTY AND REPAIR OF DAMAGE
3.15.1 All portions of landscape structures, facilities, services, utilities, roads, and irrigation
systems shall be protected against damage or interrupted service at all times by
Contractor during the term of the Contract. Any damage to the property as a result
of the performance of work by Contractor during the terms of the Contract shall be
repaired or replaced in kind and in manner approved by the Project Manager. All
work of this kind shall be made immediately after damage or alteration occurs, unless
otherwise directed.
3.15.2 (Not Used)
3.15.3 (Not Used)
3,15.4 Contractor shall notify the City Project Manager within twenty-four (24) hours after
discovery of any damage caused by accident, vandalism, thefts, acts of God, or
undetermined causes.
3.16 RECORDS
All documents, books and accounting records shall be open for inspection at any reasonable
time during the term of the Contract and for three (3) years audit of the books and business
conducted by Contractor and observe the operation of the business so that accuracy of the
above records can be confirmed. All employment records shall be open for inspection and
re-inspection by the City, at any reasonable time during the term of the Contract.
3.17 TRANSPORTATION
Contractors are to supply all transportation of employees, supplies and equipment.
3.18 STORAGE
Contractors are to provide for all storage at off-site locations delivering to site only sufficient
equipment and materials to complete daily tasks. Permission may be given by Project
Manager for storage of materials or equipment on-site during special projects or conditions.
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
43
3.19 WASTE DISPOSAL
Contractors are responsible for removing and disposing from sites all waste handled in
performance of the Contract. The City is not required to supply area or facilities for storage
or removal of waste on-site.
3.20 NON-INTERFERENCE
Contractor shall not interfere with the public use of sites and shall conduct his operation so
as to offer the least possible obstruction and inconvenience to the public or disruption to the
peace and quiet of the area within which the services are performed.
END OF SECTION
BID NO: 63-01/02
DATE: 09/13/02
CITY OF MIAMI BEACH
44
TO PROVIDE TURF MOWING SERVICES
BID #63~01l02
4.0 TECHNICAL SPECIFICATIONS
4.1 PURPOSE
These specifications designate the manner in which basic maintenance tasks will be
performed in order to achieve the overall Quality Objective, which is to maintain the
landscaping on the listed sites in a healthy, growing, safe, clean, and attractive condition
throughout the year.
4.2 STANDARDS AND REFERENCES
The Contractor's Representative shall be well versed in Florida maintenance operations and
procedures. All employees shall be competent and skilled in their particular job in order to
insure that they properly perform the work assigned. The following organizations provide
standards and publications, which may be used as a guide for conducting grounds
maintenance and services, under the Contract:
A, Florida Cooperative Extension Services, 18710 SW 288 th Street, Homestead,
Florida, 33030.
B, Florida Turf-Grass Association, Inc., 302 Graham Avenue, Orlando, Florida, 32803-
6399.
C. National Recreation and Park Association, 1601 N. Kent Street, Arlington, Virginia,
22209.
D. Florida Recreation and Park Association, 1406 Hays Street, Suite 1, Tallahassee,
Florida, 32301.
E, Florida Department of Transportation. "Manual on Traffic Controls and Safe Practices
for Street & Highway Construction, Maintenance and Utility Operations. "
4.3 MATERIALS
(Not Used)
4.3.1 Replacement (Not Used)
4,3.2 Size, Quality and Grade of Replacement (Not Used)
4.3,3 Water (Not Used)
4.3,4 Soil (Not Used)
4,3.5 Fertilizer (Not Used)
4.3.6 Pesticides - (Not Used)
4,3,7 Miscellaneous Materials (Not Used)
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
45
4.4 EQUIPMENT
Equipment supplied by Contractor shall be designed for or suited to the grounds maintenance
task in which it is to be used. Equipment will not be used in areas or to perform tasks where
damage will result to the landscapes or sites. Contractor shall maintain supplied equipment
in a good appearance and all equipment shall be maintained in a safe, operational and clean
condition. Upon specific request by the City, the Contractor will supply a current list of
supplied equipment used by the Contractor, including item, model, manufacturer, year
manufactured, and serial numbers. The Project Manager or his designee shall have the right
to reject the use of any specific piece of supplied equipment on the site, by notification to
Contractor.
END OF SECTION
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
46
TO PROVIDE TURF MOWING SERVICES
BID #63-01102
5.0 GROUNDS MAINTENANCE FUNCTIONS AND TASKS
5.1.0 Turf Care
Maintain turf areas in a healthy, growing green and trim condition by perfonning the
following operation:
5.1.1 Site Preparation
The Contractor shall prior to mowing retrieve materials and dispose waste to
include, and not be limited to, papers, glass, bottles, cans, fallen tree limbs
and/or fronds, and all other deleterious materials found on the sites listed
herein. Should the Contractor knowledge of, the existence of hazardous
wastes upon lands covered by the provisions of this agreement, Contractor
shall not remove same from the premises but shall have a duty to immediately
notify the City in writing.
5.1.2 Mowing General
D.
E.
F.
G.
BID NO: 63-01/01
DATE: 09/13/01
A.
Mowing shall be perfonned in a workmanlike manner that insures a
smooth surface appearance without scalping or leaving any "missed"
uncut grass.
Rotary mowers will be used on St. Augustine grass.
All mowers are to be adjustable and adjusted to the proper cutting
height and level for the kind of grass and current condition of the turf.
Mower blade height adjustment is to be measured from a level floor
surface to the parallel and level plane of the mower blade.
All mower blades are to be sharp enough to cut, rather than to tear
grass blades,
All litter and debris is to be removed from turf before mowing to
avoid shredding that will damage turf appearance, or items that may
be propelled by mower blades. Mowing will be done carefully so as
not to "bark" trees or shrubs, or to introduce weeds into ground cover
beds, or to damage sprinkler heads, curbs, or other facilities.
B.
C.
Grass clippings or debris caused by mowing or trimming will be
removed from the Turf or from adjacent walks, drives, gutters and
curbs or surfaces on the same day as mowed or trimmed.
Mowing will not be done when weather or other conditions will result
in damaged turf.
CITY OF MIAMI BEACH
47
5.1.3 Mowing Specifics
A. St. Augustine Grass/Bahia
Mow only with a rotary mower a minimum of once per week during
the growing season of mid April through the end of October for
a total of36 occurrences per year.
B. Non-athletic field Turf shall be mowed at 3 to 3 1/2" above soil level
with a mower designed for use in the specific circumstances. Remove
clippings from areas if excessive clippings result from the mowing
operation.
5.14 Trimming and Edging
A. Contractor shall trim and properly edge all shrub and flower beds as
well as tree, curbs, walks, lighting and all other obstacles in the
landscape and remove clippings. Paved areas (hard edges) shall be
edged every mowing with respect to the turf type adjacent to the
edging. Edging of beds and the tree rings (soft edging) shall be
executed not less than every other mowing with respect to the turf
type adjacent to the edging.
B. Turf edging at shrub beds, flower beds, ground cover beds, hedges,
or around trees (where "edging" rather than "trimming" is directed),
shall be edged with a manual or mechanical edger to a neat vertical
uniform line. are not to be used for vertical edging. Edge grass at
plant bed lines to keep grass from growing toward shrubs, keep the
width of sod as it was originally placed. Care shall be taken to avoid
damage of ground cover weed barrier. Grass will be trimmed at the
same height as adjacent turf is mowed, and to remove all grass leaves
from around all obstacles and vertical surfaces in the turf, such as
posts, walls, fences, etc.
C. Particular attention will be given to trimming around sprinkler heads
and other irrigation system components to assure their proper water
delivery function. A mechanical weed cutters are not to be used
within twelve (12") inches of tree or palm trunks. Note: Damage to
property or existing vegetation by improper trimming or edging shall
be repaired or replaced within 48 hours at Contractors expense. All
walks and other paved areas littered in the lawn maintenance process
shall be vacuumed, swept, or blown off while the mowing, edging, or
trimming is in process so that the appearance suffers for the least
amount of time. Landscape lighting shall be wiped, blown off or
vacuumed as needed to prevent accumulation of clippings and dead
insects.
BID NO: 63-01/02 CITY OF MIAMI BEACH
DATE: 09/13/02 48
D. Landscape areas shall be raked and cleaned of clippings, leaves, sticks, twigs,
and all litter during each maintenance day. Materials cleaned from grounds
may not be disposed on-site, and must be removed from locations at
Contractors expense. A copy for approval of a completed mowing schedule
will be provided to the City's representative in a timely manner as requested.
5.2.0 Pruning Shrubs and Ground Cover Plants Bed Area Maintenance (Not Used)
5.3.0 Trees and Palm Pruning (Not Used)
5.4.0 Staking and Guying - and Tree Set-Up (Not Used)
5.5.0 Exotic Specie/Attachment removal (Not Used)
5.60 Weed Control (Not Used)
5.7.0 Litter Control
5.7.1 Contractor Generated Trash: The Contractor shall promptly remove all debris
generated by his pruning, trimming, weeding, edging, and other work
required in the specifications. Debris must be disposed of at an authorized
site for commercial use. Neighborhood trash transfer stations or road side
piles are not considered authorized sites. The Contractor shall clean
driveways and paved areas with suitable equipment immediately after
working in them. All cuttings are to be removed on same day as cut.
5.7.2 Litter Removal: All Litter is to be removed by the Contractor prior the
performance of any mowing operations at each individual site.
5.8.0 Fertilization (Not Used)
5.9.0 General Use of Chemicals (Not Used)
5.10.0 Disease and Pest Control (Not Used)
5.11.0 Application of Herbicides (Not Used)
5.12.0 Verticutting, Aeration and Topdressing (Not used)
5.13.0 Turf Renovation (Not Used)
5.14.0 Irrigation System Maintenance and Watering (Not Used)
5.14.0 Watering (Not Used)
5.15.0 Irrigation System (Not Used)
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
49
5.16.0 Mulching Beds (Not Used)
5.17.0 Sand Removal I Policing:
Cleaning of debris within the confines of the contract sitess by blowing, sweeping,
or vacuuming or other means must be performed as required to keep paved, bricked
or concrete surfaces clean and neat after each mowing cycle.
5.18,0 Skinned Areas (Not Used)
5,18,1 Daily on Non-Game Days: ( Not Used)
5.18,2 Daily on Game Days: (Not Used)
5.19.0 Frequency of Services
Frequencies for the sites and services described herein are based upon normal
circumstances. Individual, several and/or all services to a site or sites may be added
at an agreed upon price, or deleted due to natural disaster, excessive rain, disease,
drought, fire, vandalism, accident, insufficient funds and/or any other reason at the
sole discretion of the PM.
END OF SECTION
BID NO: 63-01101
DATE: 09/13/01
CITY OF MIAMI BEACH
SO
TO PROVIDE TURF MOWING SERVICES
BID #63-01/02
6.0 PERFORMANCE CONTROL AND INSPECTIONS
6.1.0 Maintenance Quality
The quality objective of all services and materials provided by Contractors in
accordance with conditions and specifications herein, is to maintain and service
various listed sites, and to keep them in a healthy, growing, clean and attractive
condition throughout the year.
6,2.0 Maintenance Standards, Frequencies, Work Method
All work shall be performed in accordance with the highest professional maintenance
standards and horticultural techniques. Frequencies set for certain repetitive
maintenance functions and tasks in specifications may be increased, if necessary to
achieve the Quality Objective.
Standard and frequencies may be modified from time to time by the City of Miami
Beach Assistant Director of Parks as necessary to assure proper maintenance to
achieve the Quality Objective.
All work shall be done in a thorough and workmanlike manner under competent
Contractor supervision to the satisfaction of the City of Miami Beach Assistant
Director ofParks/Project Manager.
The Contractor shall have the exclusive duty, right, and privilege to perform Grounds
Maintenance and Services, as specified herein.
6.3.0 Inspections
The Contractor's Representative shall perform maintenance inspections daily during
daylight hours of all sites assigned for the day. Inspections by City of Miami Beach
Parks Personnel shall provide continuing inspection of the sites to insure adequacy of
maintenance and that methods of performing the work are in compliance with these
specifications, Discrepancies and deficiencies in the work shall be brought to the
attention of the Contractor's Representatives in writing, directly by the City of Miami
Beach Project Manager, and shall be corrected by the Contractor immediately.
6.3.1 The City of Miami Beach Project Manager and the Contractors Representatives shall
meet on-the sites once a month, or more frequently at the discretion of the Project
Manager, for a walk-through inspection. The meeting shall be at the convenience of
the City of Miami Beach. All on-going maintenance functions shall be completed
prior to this meeting. Even if no meeting occurs all maintenance as detailed is to be
performed,
BID NO: 63-01/02
DATE: 09/13/02
CITY OF MIAMI BEACH
51
6.4,0 Deficiency Notices and Liquidated Damages
If the City of Miami Beach Purchasing Agent determines that there are deficiencies
in the performance of the contract, the City of Miami Beach Procurement Director
will provide a Notice to the Contractor to correct the deficiencies within seven (7)
days of notification. Ifboth parties agree that actual damages would require more than
seven (7) days to repair, a time frame, in writing, will be determined by the City of
Miami Beach Procurement Director for that deficiency. The parties agree that the
Contractor shall be liable to the City of Miami Beach for liquidated damages (not a
penalty) in the amount of two hundred dollars ($200.00) per day, for each day
exceeding the above noted time frame per deficiency, that the Contractor fails to
correct deficiencies of the Notice.
6.5,0 City of Miami Beach Right to Correct Deficiencies
Additionally, and notwithstanding the above provision, the City has the right to move
on site with City forces or private Contractors to correct deficiencies seven (7) days
after notification in writing, by the City of Miami Beach Parks and Recreation
Department Director, or his designee.
If, in the sole discretion or judgment of the Purchasing Agent, the Contractor and/or
his employee(s) are not properly performing the services required under the Contract,
then the Contractor and/or all employees may be temporarily replaced by City
personnel and payment to be made by the City may be suspended while the matter is
being investigated. Total costs incurred by completion of the work by the City will
be deducted and forfeited from the payments to the Contractor from the City.
This section shall not be construed as a penalty, but as an adjustment of payment to
Contractor for only the work actually performed, and the recovering of City costs
from the failure of the Contractor to complete or comply with the provision of the
Contract.
6.6.0 Quality Control- Performance Reports
The Contractor shall submit to the City Project Manager a report of his performance
for the preceding month, under terms of the Contract. These reports shall be
postmarked no later than the fifth (5th) day of each month following the month in
which services were performed. Failure to do so shall result in delay of payment until
this requirement is fulfilled. Forms for performance reporting shall be provided by the
City
END OF SECTION
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
51
TO PROVIDE TURF MOWING SERVICES
BID #63-01102
7.1.0 SCHEDULING
7.1.1 Contractors shall accomplish normal landscape maintenance required under the
Contract during daylight hours. The City Project Manager may permit night
scheduling on an individual function or task basis.
7.1.2 Contractor shall schedule and conduct the work at times and in a manner which shall
not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic
on adjacent streets, and shall not cause annoyance to residents near the site or users of
the site. During periods of peak rush hour traffic, the Contractor will not block or
impede arterial or collector streets and will conform to roadway work procedures as
required by State, County or Local regulations.
7.1.3 All work shall be scheduled and completed in a continuous manner, that is, other than
a holiday or non-work day in order to maintain the site in a uniform manner.
7.1.4 Contractor shall not work or perform any operations during inclement weather which
may destroy or damage landscaped areas.
7.1.5 Contractor shall recognize that during the course of the Contract, other activities and
operations may be conducted by City work forces and other Contractors within the
project location. These activities may include but not be limited to landscape
refurbishment, irrigation system modification or repair, construction and storm related
operations. The Contractor may be required to modify or curtail certain operations
without decreased compensation and shall promptly comply with any request by the
Project Manager. In the event a Site or part of a Site becomes unavailable for servicing
by the Contractor, the Project Manager may temporarily delete the Site or part of the
Site and compensation to the Contractor will be decreased.
7.1,6 Contractor shall, during the hours and days of operation, respond to all emergencies
within two (2) hours.
7.1. 7 Contractor shall have completed all Landscape Maintenance functions prior to the
scheduled maintenance inspection.
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
53
7.1.8 Landscape Maintenance Schedules
Contractor shall provide work schedules for each site which shall be submitted to the
Project Manager within ten (10) days after the effective date of the Contract. Said
work schedules shall be set on an annual calendar identifying the task and frequency
of work. The schedule shall delineate the time frames for the landscape maintenance
functions or tasks by day of the week, morning and afternoon. Thereafter, any changes
in scheduling shall be submitted in writing to the Project Manager within five (5)
working days prior to scheduled time for the work. The Contractor shall submit
revised schedules when actual performance differs substantially from planned
performance. Revisions shall be submitted to the Project Manager within five (5)
working days prior to scheduled time for the work.
END OF SECTION
BID NO: 63-01101
DATE: 09113/01
CITY OF MIAMI BEACH
54
TO PROVIDE TURF MOWING SERVICES
BID #63-01102
8.1.0 ADDITIONAL WORK
The Project Manager may, at his discretion authorize the Contractor to perform additional
work, including, but not limited to, mowing, trimming, weeding, edging, litter pickup, repairs
and replacements when the need for such work arises out of extraordinary incidents such as
vandalism, acts of God, and third party negligence, or for any additional basic landscape
maintenance needed.
Any work not provided for elsewhere in the Contract and authorized by the Project Manager
and performed by the Contractor shall be considered as additional work and shall be paid as
specified on the Bid Proposal.
Prior to performing any additional work, the contractor shall prepare and submit a written
description of the work with a cost estimate which conforms to the unit pricing found in the
Bid Proposal to the Project Manager. No work shall commence without the written
authorization from the Project Manager.
Not withstanding the above authorization, when a condition exists wherein there is imminent
danger of injury to the public or damage to property, the Project Manager may verbally
authorize the work to be performed upon receiving a verbal estimate from the Contractor.
However, within 24 hours after receiving a verbal authorization, the Contractor shall submit
a written estimate to the Project Manager for the required approval.
END OF SECTION
BID NO: 63-01/02
DATE: 09/13/02
CITY OF MIAMI BEACH
55
TO PROVIDE TURF MOWING SERVICES
BID #63-01102
9.1.0 BID SUBMITTAL
In addition to the documentation and information requested herein, the Bidders shall submit
the following information with their bid:
9.1.1 Company Profile
A profile describing the organization represented by the bidder must be furnished with
the bid submittal. This will include:
* Company history and present organization;
* Name of Principal or Owner(s);
* Name of Affiliates, Subsidiaries, etc.;
* Years of company experience under present ownership;
. The local office address and phone number from which account would be
administered;
· History of local office, including opening date;
* Normal hours of operation of local office;
* Name of person in charge oflocal office;
. Number of maintenance personnel in the south Florida area normally available to
emergency calls;
* List of all services company is capable of providing.
9.1.2 Personnel
1. Provide an organizational chart of entire structure that is proposed to service
account;
2. Provide resumes of key management personnel;
3. List job descriptions for all positions in the organization described in #1 above;
4. Include description of proposed uniforms;
5. Provide your overall employee policy and training program;
6. Provide outline of safety program.
9.1.3 Turf Maintenance
1. Describe proposed mowing schedule and procedures;
9.1.4, Skinned Area Maintenance (Not Used)
9.1.5 Tree and Palm Maintenance Program (Not Used)
9.1.6 Shrub and Ground Cover Maintenance Program (Not Used)
9.1.7 Irrigation Maintenance Program (Not Used)
9.1.8 Equipment Specifications.
BID NO: 63-01/02
DATE: 09/13/02
CITY OF MIAMI BEACH
S6
9.1.9 List all tools, equipment (including manufacturer) and quantities of each
type that be proposed to perform maintenance.
9.2.0 Bidders Supplement
I. Copies of all applicable licenses, permits, etc, required perform the services;
2. List of clients with specialty turf types the bidder currently has, along with
contact information;
3. Miscellaneous Information - this section of the proposal should include any
additional information about the services or bidder that is not addressed
elsewhere in the proposal.
9.2.1 Schedule of Values (attached pages)
END OF SECTION
BID NO: 63-01/02
DATE: 09/13/02
CITY OF MIAMI BEACH
57
TO PROVIDE TURF MOWING SERVICES
BID #63-01102
SOUTH MOWING
ZONE: 1
Section:
A. Alton Road (Michigan Ave. to 62 St center Median)
29th St. & Alton Rd, side chops! north & south
43rd St. & Alton Rd. side chops! north & south
47th St. & Alton Rd. small chop
50th St. & Alton Rd. small swale area
51 St. & Alton Rd. bridge approach 2-sides north & south
62 St. & Alton Rd. side chop
21st Street Recreation Center (2100 Washington Ave.)
City Hall (I 700 Convention Center Dr.)
Garden Center/ alone canal bank (2000 Convention Center Dr.)
Washington Avenue 16th St. median & 6 St. median
Police Station (I 100 Washington Ave,)
441 N. Hibiscus Dr. (hurricane evacuation point)
17th St. & West Ave. (Bridge approach)
ZONE: 2
Sections:
A. Lummus Park (Ocean Dr. from 5th St. to 15th St.)
South Point Park (Biscayne St. & Washington Ave.)
Flamingo Park (11th to15th Streets between Michigan Ave. & Meridian Ave)
B. 2850 Flamingo Drive Bridge approach! eastside
27th To 23rd Median Pinetree Drive
26th Street Golfcourse Swale area to 24th Street! some areas under constJUction
Hebrew Academy Swale Area (24th St. & PineTree Dr.)
Prairie Ave & 28th St./ circle
Beach High (2231 Prairie Ave)
BID NO: 63-01102
DATE: 09/13/02
CITY OF MIAMI BEACH
58
NORTH MOWING
ZONES: 3
Section:
A. 41st Street to 44st Street & Collins
46th Street & Collins Ave Seawall (Boathouse area)
53rd Street & Collins Ave. (Firestation)
53rd Street & Collins Ave (Beachwall)
53rd Street & Collins Ave Seawall (Boathouse area)
Carriagehouse (5330 Collins Ave)
Firestation (5300 Collins Ave.)
67th Street Triangle (Swale)
Abbott Ave. & Indian Creek Triangle (side Swale)
Police Substation (69th St. & Indian Creek)
Firestation (69th S1. & Indian Creek)
7150 Indian Creek (Streetend Seawall)
Pine Tree Dr. From 46 S1. to the Bridge 00 49th S1. Bus stop
Pumping Station on 51st St & center Triangle
51 st Terrace & Lake View / Cherokee Dr. by Golf Course
51 st Street & Lake View ( Comer on your left going west)
51 st Street & Alton center Triangle & right comer going west
6001& Pine Tree Dr. (Dead end by the water)
63rd Street Pine Tree circle on comer
62nd Street Pumping Station
ZONES: 4
Section:
A: 85th Street Bridge Approach
81st Street & Hawthorne (Old Dump) @ 81St & Crespi Blvd,
1410 DaytoniaRd. (Biscayne Point Swale)
1400 Cleveland Rd (Biscayne Point Swale)
1145 Noremac Ave (Biscayne Point! dead end)
Biscayne Point Entrance & Bridge Approach (77th St. & Biscayne Lane)
1630 Baysidelane (Street Ends & canal bank)
80th Street, Street Ends (Tatum water way Dr.)
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
59
NORTH MOWING
WNES: 4
Section:
A: Tatum water way Dr. Triangle 79th Street
Tatum water way Dr. & 77th Street Bridge Approach
Biscayne Elementary Alleyway (41 St. & Prairie Ave)
73rd & Dickens (Inside Fenced Area)
73rd & Dickens (Large Field) / & 75th St. Pumping station
73rd & Dickens (Bridge Approach)
72nd & Dickens Parking Lot
72nd & Dickens (Seawall)
2135 Biarritz Dr, & Calais (Bridge Approach 2 sides)
2316 W. Bay Dr, Streetend (Biarritz Area)
601 Hagan St. & Southshore Dr. (Normandy Pumping Station)
South Shore Dr, & Biarritz Dr. Streetend
71st Street Welcome Sign (71St & Normandy Dr.)
71st Street Bridge & Bridge Embankment
71st Street Biarritz Dr. Triangle & Swale Areas
880 Jones St. South Shore Dr. (dead end)
Sections:
B: 7136 Bonita Dr. (streetend Seawall)
71st. Street Pumping Station (71 St. & Bay Dr.)
6900 Bay Rd. & Brest Esplanade (Y -&- the-V)
7227 Fairway Dr. (Bridge Approach 3sides)
350 Ray Street & Southshore Dr. (Streetend Seawall)
193 Fairway & Northhshore Dr. (Streetends, seawall)
1101 Biarritz Dr. & Rue Versailles (Cui-De Sacs)
7220 Rue Notre Dame & Marseilles Dr. (Streetends)
620 Trouville Esplanade & Normandy Dr. (center parkways)
1690 Trouville Esplanade & Bay Dr. (streetends north & south)
6830 Rue Grandville & Biarritz Dr. (Cui-De Sacs)
1919 Rue Grandville & Bay Dr. (streetend seawall)
1905 Rue Grandville & Calais Dr. (streetend there is no grass on this street end)
1022 Rue Versailles & Bay Rd. (streetend seawall)
BID NO: 63-01102
DATE: 09/13/02
CITY OF MIAMI BEACH
60
TO PROVIDE TURF MOWING SERVICES
BID #63-01102
Bid Proposal Page 1 of 4
BID FORM
We propose to furnish all labor, tools, equipment, transportation, pennits, licenses, services and
incidentals necessary in order to provide Turf Mowing for the City of Miami Beach, in
accordance with Bid Specifications, as follows:
Zone # Project Description Total Per Year (12 months)
lA South Mowing $
2A South Mowing $
2B South Mowing $ 0
3A North Mowing $ \4 a .60
4A North Mowing $ \ .Oc
4B North Mowing $ \ o ~ 0.00
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEAClI
61
TO PROVIDE TURF MOWING SERVICES
BID #63-01/02
Bid Proposal Page 2 of 4
BID FORM
SCHEDULE OF VALUES
Zone # Project Description Unit Price TOTALlYEAR
lA Turf Mowing $ 2."'\~So x: ~ $ q. Sl \O.t"Y1
lA Trimming & Edging $2.'\2'so x:~ $ ~ 'i2 \0 . 00
.
lA Litter Control $ Go 00 x:~ $ '-,\Go.oo
2A Turf Mowing $ ,,"'"\?s:oX:3.G. $ ~,5{ \ CL C1C)
2A Trimming & Edging $'2..,?..so x:~ $ C\..g \0.00
2A Litter Control $ Go.oo x: 3G $ '2.. \ (;.0.00
2B Turf Mowing $ 90. 00 x:~ $~,L.'-l.o. 00
2B Trimming & Edging $"'\Cl 00 x:~ $ <.. ') 1....d1. 00
2B Litter Control $ '2.n 00 x~ $ '\ '-0.00
3A Turf Mowing $ \''\C:;SOX~ $ G,"'2.,.\5!.. 00
3A Trimming & Edging $ ",s S'ox~ $ b.3:.\ K. c.o
3A Litter Control $ 39. co x~ $ \ I \.i 0 U _ nO
4A Turf Mowing $ 2'2. ", 00 x 3G... $ 'X,\ao.ClO
4A Trimming & Edging $ LL';:;:.CClX~ $ 'X, \ co. 00
4A Litter Control $ SO. E'O x~ $ \ goo. CJ 0
.
4B Turf Mowing $ ""'\~.'OX~ $ <.;, s \ 'X. . (') CJ
4B Trimming & Edging $ \ ".5oox.3b. $ G I 7'l,. \ SL CJO
4B Litter Control $ 3,,<=\.00 x~ $ \,404.00
BID NO: 63-01101
DATE: 09/13/01
CITY OF MIAMI BEACH
61
TO PROVIDE TURF MOWING SERVICES
BID #63-01102
Bid Proposal Page 3 of 4
BID FORM
Labor Rates ( for Work other than specified herein, at the direction of the City) I
J
Item # Job Classification Hourly Rate
5 Hourly rate per Contractor Regular time: S ,-,S:.OO
Representative ~..."\ <;;;0
Overtime: S
6 Hourly rate per Regular time: S \ n 00
Laborer/Groundskeeper \ C;; .00
Overtime: S
7 Hourly rate per Regular time: S \S,OO
SupervlsorlForeman S
Overtime: ~1.SO
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
63
TO PROVIDE TURFMOWING SERVICES
BID #63-01102
Bid Proposal Page 4 of 4
ADDENDUM ACKNOWLEDGEMENT:
NO.
DATED SIGNATURE OF PERSON SIGNING BID
IO/I.tla2. ~ J.. ~1P
ADDENDUM
NO.
PAYMENT TERMS: NET 30. If other, specify here
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE
CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE.
NAME/TITLE(Print):
s-\e.-.Je....... L. Peo.....\ J g...~c:.:\A(".w_\
ADDRESS:
\ 03,. SO ,,-,. '-..l S <; \\.... -:;-\. .
CITY/STATE: c..::.:{, .,...'\~<::, V L. ZIP: '"':::,.,, \
TELEPHONE NO: ( q S' 4 \ ~ "-' 'iZ " G '8 \ 3.
FACSIMILE NO: (q "4\ '\ ~.~ - 2so ~
SIGNED: ~ J.. ~ f
(I certify that I am authorized to execute this proposal and
commit the bidding firm)
BID NO: 63-01101 CITY OF MIAMI BEACH
DATE: 09113/02 64
I I
I I
I ~
I i
. I
I i
. t
~
Ii
~
r
I
i
~
I
.
(ATTACHMENT A)
00530.
I
I
I
I
I
THIS FORM MU T BE SUBMITTED PRIOR TO AWNtD FOR BIDDER TO BE
CEEMED RESP NSlBLE.
The unde...igned Bidder h eby certlfted that it will provide a drug-free woritp18c8 program
by:
(1) Publishing a sta t notifying Its employees ~ the unlawful manufacture,
distribution, dispenlln . poI.e.alon, or uee of a controlled subet8nce Is prohibited in
the offeror's workplace al'ld specifying the actioi'll that will be taken against employees
tor violations of such ibltion;
(2) Establishing a continul Sl dNg-free awareness program to Infonn ItI!J employees.bOut:
(I) The dangers of d 9 abuSe in the worxplace;
(II) of maintaining a dru~free workplace;
(iii) Any av.Hable d'" oounaeling, rehabilit8tion. and employee assistance programs;
and
may be impolled upon employe.s for drug ebuse vioIatlonl
rkplaoe;
CI\I) The penalties
oc:c:urring in the
(3) Giving aU employees e gageclln performance ofthe Contract a copy of the statement
required by liubp81'8g ph (1)j
(4) Notifying 811 employee . in writing, of the statement required by SUbparagraph (1 ). that
as a oondltlon of empl yfnent on a covered Contract. the employee shall:
(i)
of the statement; and
(Ii) Notify the emplo r in writing of the employee's conviction under a criminal drug
statute for a viol on occurring In the workplace no later than five (5) calendsr
da)'s after such nviction;
(5) Notifying the City In ting within ten (10) calendar (laya .ft.r receiving notice under
subdivision (4) {ii} 81 e, from ..n employee or otherwise receiving actual notice of
such conviction. The otiee shall include the position title of the employee;
(6) Within thirty ($0) caIe ar days after recei\ling notice under subparagraph (4) of ..
convictiOn, taking of the following actions with respect to an employee who is
QCT-04-2002 17:18
CMS HU1AN R!::SOURCES
305 673 7529 P.05/08
(AITACHMENT A)
convicted of 8 drug abuse violation occurring in the workplace:
(i) Taking appropria e personnel action against such employee, up to and including
termination; or
(II) Requiring such e ployee to participate satisfactorily in Ii drug abuse assistance
or rehabilitation ogram approved for such purposes by a federal. state, or local
health, lawenfor ment, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug~free workplace program through
implementation of su aragraphs(1) through (6).
STATE OF
COUNTY OF
.
FOr'\....-l,J)4-
w~
~f}
(Bidder Sign~
S-{evr'h. 1.. ~orl
(Print Vendor Name)
The fpregoing instrume t waJi acknowledged before me this I day of
(!) c..>{...O ~ . 200 . by ..l'1 e.~ (j).1 l.v-t as
.// · / , (name of person whosi'signatur~ is being notarized)
[Lp)jfrl(.. _ (title) of .s;.,vrftr.6-/.0"1~..J<;Ct~/.J/~fr I!'n'-r::Fi->(.;
(name of corporatlon/c'omp im') ~ l. 'J.r
known to me to be the pe on described herein, or who produced F- J tA..... .j) ~ I as '---
identification, and who did id not take an oath.
NOTARY PUBLIC:
(Signature) \
~~J&}}Is.... L
--
(Print Name)
A?
f\J 1?0 ~ r
ROSAIJE LYNN BORUP
MY COMMISSION. DIl13n16
EXPIRES: 0cIlIbeI14, 2006
IlondodTl1lu NolIIy Pldo_
My commission expires:
DC::,
TO PROVIDE TURF MOWING SERVICES
BID #63-01102
BID CHECK LIST
To ensure that your bid is submitted in conformance with the Contract Documents, please verify that the following
items have been completed and submitted as reauired.
X Original and one copy 01' bid (including all submittal inrormation)
General Conditions Section 1,1
Specl3l Conditions Section 2.31
X Execution or Bid
General Conditions Section 1.2
Equivalents/Equal Produc:l
General Condition Seclion 1.10
Special Condilions Section 2,32
X Insurance and Indemnilication (including Insurance Checklist)
General Condilion Section 1.66
Samples
General Condition Section 1.14
Special Condilions Section 2,12
X Bid/Perrormance Bond
General Condition Section 1.34
Special Conditions Section 2.12
X Warranty
Special Conditions Section 2.17
Product/Catalog Inl'ormation
Special Conditions Section 2.24
X Rel'erences
Special Conditions Section 2.19
X Bidder Qualifications
Special Conditions Section 2.22
X Exceptions to Specifications
Special Conditions Section 2.24
X Supplemental I nrormation
Technical Specifications SectIon 4.9
X Original and one COP)' 01' bid (including all submittal inrormation)
General Conditions Section 1,1
Special Conditions SectIon 2.31
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
65
CONTRACTOR'S OUESTIONNAlRE
NOTE:
Information supplied in response to this questionnaire is subject to verification.
Inaccurate or incomplete answers may be grounds for disqualification from
award of this bid.
Submitted to The Mayor and City Commission of the City of Miami Beach, Florida:
By <"''''''--l-\l..e".", Lc.~~_c\c:;.c..,,-,-~,-V'\.-. t:.......-\o I"",c. '
-~
Principal Office \ C:Y3,. S Q N. ~ '
s<;;: \~ 'S.-\. ~l..Jn~\<".~. t'L .
How many years has your organization been in business as a General Contractor under your present
business name?Z-S ~......
Does your organization have current occupational licenses entitling it to do the work contemplated
in this Contract? ~ c;.
State of Florida occupational license - state type and number:
Dade County certificate of competency - state type and number: \~ {,"c)-.,.,Jc:o..Y"~\ G,.~ "'\ ... Lo..<...1 "'..\;\ t'e: See.>,
, ~ ~~l..400C41SqgJ
City of Miami Beach occupational license - state type and number: C. \~u"'Y"'\c..<.> (""c........\e....ca('S(lo......\~<A1
\:\\ ~
Include copies of above licenses and certificates with proposal.
How many years experience in similar work has your organization had?
(A) As a General Contractor
(B) As a Sub-Contractor (_ c::::: '^ .~.
(C) What contracts has your organizatt~ completed?
Contract Amt Class of Work When Completed Name/Address ofOwoer
~~~~ k~~. ;,~~~ c,,~:~~~*~~cY"<.\~\We~>\o".~L~~
. . f. Lu......, ' ~ ,Y ~>, .... ~c..: \"' ~;~,. '. ("o\,nCOlt.....\ .~~"'\'3.~~\I~
. ~ _J ~\, ~V<.\e"d"- ", ..
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing
company name or another company name) due to failure to comply with contractual
specifications? N 0
If so, where and why?
Has any officer or partner of your organization ever failed to complete a construction contract
handled in his own name?
NA
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
66
If so, state name of individual, name of owner, and reason thereof
In what other lines of business are you financially interested or engaged?
\1(""';::<.. ~.-v; <. ~ Lc.:>.......<:\ <;..<: ~"\;\ ",=-'
, :)
Give references as to experience, ability, and financial standing C~ .....oe<=:..... \\r" J ~ \on
L<::.I........"'- 4- c.... ;...~,\p~ G\. \ S N ......-', ---.JG.~ -:-tcJ.",^~'''c c, 't=L. u^\c..... \-'\c..'^~c::'..<> ~....",\<.
-==...... 0'\ .... ~ ., -.<, FL.
What equipment do you own that is available for the proposed work and where located?
G=~:~t:~~C~:f.~'~~"~" ~VJ~~~~".~{ ~=~~~~~
\YC , , ...' I _. " ,"", '" \....J . <.. \ lc.~J. ~\ ,;. 0(. ",--\,Uc.r"",,,"c=..
c.,,,,.\~.o:.. I \:>'-' -~ \..-... '-~ ~,)( .
What Bank or Banks have you arranged to do business with during the course of the Contract should
itbeawardedtoyou? U'i'"\\O...... P\Cll.",-\e..c:;. C'-"c:;.~,\::. -C~'''\Y'''~~':'I FL.
Please list the names and addresses of the subcontractors to be used for the portions of the work
listed below.
C\.) c, _ e
I HEREBY CERTIFY that the above answers are true and correct.
~ L r:~
(SEAL)
(SEAL)
BID NO: 63-01102
DATE: 09/13101
CITY OF MIAMI BEACH
67
SOUTHERN LANDSCAPING ENT. INC.
10350N.W. 55TH ST.
SUNRISE, FL.3335I
PflONE(954)748-6813
F~(954)748-2504
REFERENCES
ARVIDA WESTON HILLS
Manager: Ron Capitena
Arvida 2900 Glades Circle
Weston, Fl. 33327
Phone: (754)264-1528
nrn FALLS OF INVERRARY
Manager:VmmeB~to
Clo Campbell Property Mgmt.
4373 Rock Island Rd.
Ft. Lauderdale, Fl.
Phone: (954)675-4042
PRIME MANAGEMENT
Manager: Idaly Diez
6300 Park of Commerce Blvd.
Boca Raton, Fl. 33487
Phone: (561)719-0043
MUVICO
Manager: flelen Thomas
3101 Federal flwy. Suite 600
Ft. Lauderdale, Fl. 33306
Phone: (954)564-6550
RAM DIVERSIFIED
Manager: Jeanny Roberts
10143 Ramblewood Dr.
Coral Springs Fl.3307l
Phone: (954)753-9080
SUNRISE LAKES PflASE 3
Manager: Jack Radosta
2700 N.W. 94TH Way
Sunrise, Fl.33322
Phone: (954)741-1741
REvENUE [~'JtLECT ION DIUISION.
t~;OWARP Ct~~~TY :f n.ORJDA
i309@.00fJl or 000.1
te 9/.1J/02 z
0
Pa " :j,t ~ U~} ~
lj
I r.~r ,4,,'! l.:3(i a
r' t..rkl 1 -'. U. II:
... fl
'..".
,.. .:J !!l
~
-- II:
-' W
::> IL
'"
Z
C
....-~ ~
,~~') II:
...~! fl
"
''::; 0 ~
z ~
'-' w
c.. )( ~
I ,;t; ~ :>
.....},....: W .v
~? 0 (/.0 'Z _...: :- Ul ,..
Z W
g ,:;, 0 a..... .....":'. W -:....) (.~ MiS
4! z 0 ;-
. <;: ~.,. w.: t.;.... ::; '.,l.,;~'" O~
i ~ II: "'~ '-0 -J I..I..i .> L -~ _0' IL __z O~
W '"/"'l..;..i ,~ 0 c.;;=
ii: III :z......~:.t w
~w :E Q. I- ~g
cUI CK:C='t,f)2 i..iJ >- .......1 -J '..r.
~~ W '~~ ., I- "" . ~
uo Ii: ~ II: := ,~ -' :71~-t ~~
I:: w 5 ~ $ '-!...lr..~L:~~ ~ ',",::
0 -' '~t-o:::(f',"'~ :e
to c Z g O~ .....,
I~ ~ ~ li z u c OZl..l.JO'=:> c:.r
W ~
lDQ II: ID ... '" ... L t:,.: :....;.::.- --- ""':.J .oj O~
ti % ~~ ~ll! ~":c
.... :..:)
I 4' ~'- I- '..'0
c:;) Z
,20 N ~ W '.:-;-
.0 .... ::i a
,!O N '^ i~ ~
f:J
e ~ ... -- c.. ~
e II: ". ..;:;.
a:;) w '" ~, '::'If '1 :I ...,
~8 III r''') ':~ c~-- all .,1 C :"....
Co ~ Cleo 0 W ':'/'a: C ::;
"a: , "i.) ~.~ "'.'0< --
~i ~ ; . ..." '-'
0 .. 0 ~;"\(.o , u.!
Q w f,.)--:t" Q.< I W C
0 Z Ul II) , ...I.~ ,::;
1!1II 0 W W !"......t...... 5 II) ...00 D
! a: (/) Q. """")- W '. 0-'"
~ II: oil=!
w 0 ~+ Ul 0 0
~ (/) !.!\ ::> 0 W-ii (.::1-
II: a: (/) :':1-0. 0 < i E .
w ::> z wEW
~ w z 0 0 .'0
LL 1ii ii: ~ >~:ii! '::J
UJ
Z ::I .J .. Ul ! W O'Q C
~ m . ~ ~,)i.L! Z 8 , a:Oa: ':J .
0 ~ ,w
w Cl (.r."'-4Z 0 -J -0 ';;)
"'J ~ w 0;0 w ::1::1
I!: ;; w ~
... c:J i.J'iZ: III :J: :;)cj
~I I- o~ ,J
'" l.."'\=,c.. l- i< #"~"""
Ul '( p<...
" !."'i ::> ,:.::;
.... it ~~ (.":.' ::i ~ ,/ It;) -~ 0
,"" ~ ...J "Zi-.;,..c.....J W w \!.ilu.
'J ~ Ul :>
-:;':'J.1 Z ' 3rI 'a -:=;
.,., N U... ;:j Z W 0 OC ~"::J
~~ W ::;
z 3: ~ I !..:-l_:-~ 0 a:"": ':':1
::; III
[; . W W ....jr-:i) ::> !Dill ':.)
:; a: z Sl ::':'~:;::' Ul Q. ...
l!5':' :r ::t-\
'" S ~ ~ ....
u..i "'- ~'....J::"'1 ,I- ::J
.. :::> .
-:
w
t./)
z.
w
(.)
::i
...J
<(
Z
o
~
Q.
:J
(.)
(.)
o
",",
,::>
'::>
.::>
-I
-..-
e:
:l:
E-o
UJ
ttl
U.
...
O'="
1-t ;::0
.Q ----
>= :--0
z cO'.,
...... Cl "-..
~ :J 'J"'
D
Ul
u.
,t:.
U t)
Z tt1
l'-I Q
'...."';liIl:4f".
....,,:-.'.-,:;,~.<, .....\,.
E-< ,..'l.:c"1...t'.....
.;'.r''f)J'' ,
;';-;'2'- .::
CIl-:l
n::. ..-1
~,,':lJ ~
Z ~.
W)..I
:.:) .~
~>'lo
~ X
~.&J
. '"
~
0
;
u..i
>
wO:: ~ ...
(/)0
->- e"
~J- ~ till"
Zu; l.l'l c: IG
(")
:JO: (")
(")N ill -
(/)~ ""
-,l.l'l ~ 0
LLZ u.(") ~....t
N
O~ WN c:~
W.... '.-1 IG
>Z -l.l'l
o:~ ~ (J
I-~ Zv ::s 0
_0 ::ll.l'l !Xl..:!
o~ we
.
'~'";;,.;..J: ,...:;:..,i-:'.~.
"~~~,'-< -,.,,;~
,,'1" .... "'~~:~.'..~._..,.;..
;Jl
'1,
11
..... V
!j ~ ~
'-, ,11 'II '"
f...I''O t> .J li .:: >"i ~.. .......
..Q .V~1I'-'-' :::
~ il t&.I u::;.r;.~ ,_-- ':-t 'jJ
;l ,1>>;11 ill
v '61 "J l"'" -S-'},;,f,;:.-:: ~
.~ il)..-4 .v"~ 'rot '.4.L.O
...:J .... ~ 0 ',c ~. il;o E-t
"
u
1':;
',",
;..
2:
tzl
.~
'-
-
,'-
.-
0..
<t: ,-.
:J c;,
ttl ~ ;~
C) Ul ,.,...
z: 'I")
;;(' 1.0")
.,J;,;, ..J
~
N
o
o
N
o
M
a::
W
CD
::2
w
I-
0-
',W
en
en
w
a::
-
0-
X
W
W
en
z
w
U
I
o
w
~z
-'0
a...-
~~
au
>-0
-,-'
en en
::Jen
OW
::JZ
u-
_en
a...::J
enal
6~
U:s:
Ww
al-
l->
enU
::J:J
;:Eal
}Jj~
zO
W J--
_ U
:J
j
I
I
I
I
:r
ffJ
CiS
~
I-f
::t:
~
"
n
'>
o
w
~
w
\.1
-'
~
~
tii i
~ I
I I
~ I
L ,
~ l
~ I
v
rn l
'll ,
'll I
ij! I
2, I
[5 I,
ui I
~, I
&l I
W I
z "
3 I
~ I
ci; I
ffi I
~ I
~ I
~ I
~ I
u I
~ '
~. I
di
Sol
--'
![l'
F' .
w
u
;:::
o -
DMSION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary
responsibility is to recommend legislation or give advice to the City commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority,
personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards
and agencies as are entrusted with the day-to-day policy setting, operation and management of
certain defined functions or areas of responsibility.
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all department heads,
the City attorney, chief deputy City attorney and all assistant City attorneys; however, all
departmental personnel when acting in connection with administrative hearings shall not be included
for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to
encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any
commissioner; any action, decision, recommendation of any City board or committee; or any action,
decision or recommendation of any personnel defined in any manner in this section, during the time
period of the entire decision-making process on such action, decision or recommendation that
foreseeably will be heard or reviewed by the City commission, or a City board or committee. The
term specifically includes the principal as well as any agent, attorney, officer or employee of a
principal, regardless of whether such lobbying activities fall within the normal scope of employment
of such agent, attorney, officer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and such
other boards and agencies of the City that perform such quasi-judicial functions. The nuisance
abatement board, special master hearings and administrative hearings shall not be included for
purposes of this division.
(Ord. No. 92-2777, ~ 1,2,3-4-92; Ord. No. 92-2785, ~ 1,2,6-17-92)
Cross reference(s)--Definitions generally, ~ 1-2.
Sec. 2-482. Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the City clerk.
Every person required to register shall register on forms prepared by the clerk, pay a
registration fee as specified in appendix A and state under oath:
BID NO: 63-01/01
DATE: 09113/01
CITY OF MIAMI BEACH
68
(1) His name;
(2) His business address;
(3) The name and business address of each person or entity which has employed the
registrant to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any information originally filed, or any additional City commissioner or
personnel who are also sought to be lobbied shall require that the lobbyist file an amendment
to the registration forms, although no additional fee shall be required for such amendment.
The lobbyist has a continuing duty to supply information and amend the forms filed
throughout the period for which the lobbying occurs.
(c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or
beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also
identity all persons holding, directly or indirectly, a five percent or more ownership interest
in such corporation, partnership, or trust.
(d) Separate registration shall be required for each principal represented on each specific issue.
Such issue shall be described with as much detail as is practical, including but not limited
to a specific description where applicable of a pending request for a proposal, invitation to
bid, or public hearing number. The City clerk shall reject any registration statement not
providing a description of the specific issue on which such lobbyist has been employed to
lobby.
( e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate
notice of withdrawal.
(f) In addition to the registration fee required in subsection (a) of this section, registration of all
lobbyists shall be required prior to October I of every even-numbered year; and the fee for
biennial registration shall be as specified in appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state the
extent of any business, financial, familial or professional relationship, or other relationship
giving rise to an appearance of an impropriety, with any current City commissioner or
personnel who is sought to be lobbied as identified on the lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (f) of this section shall be deposited by
the clerk into a separate account and shall be expended only to cover the costs incurred in
administering the provisions of this division. There shall be no fee required for filing a notice
of withdrawal, and the City manager shall waive the registration fee upon a finding of
financial hardship, based upon a sworn statement of the applicant. Any person who only
appears as a representative of a nonprofit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of commerce or
a trade association or trade union), without special compensation or reimbursement for the
appearance, whether direct, indirect or contingent, to express support of or opposition to any
item, shall not be required to register with the clerk as required by this section. Copies of
registration forms shall be furnished to each commissioner or other personnel named on the
forms.
(Ord. No. 92-2777, ~ 3,3-4-92; Ord. No. 92-2785, ~ 3,6-17-92)
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
69
Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any: person or entity in contractual privity with
the City who only appears in his official capacity shall not be required to register as a
lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before the city
commission, planning board, board of adjustment, or other board or committee and has no
other communication with the personnel defined in section 2-481, for the purpose of
self-representation without compensation or reimbursement, whether direct, indirect or
contingent, to express support of or opposition to any item, shall not be required to register
as a lobbyist, including but not limited to those who are members of homeowner or
neighborhood associations. All speakers shall, however, sign up on forms available at the
public hearing. Additionally, any person requested to appear before any city personnel, board
or commission, or any person compelled to answer for or appealing a code violation, a
nuisance abatement board hearing, a special master hearing or an administrative hearing shall
not be required to register, nor shall any agent, attorney, officer or employee of such person.
(Ord. No. 92-2777, ~ 4,5,3-4-92; Ord. No. 92-2785, ~~ 4,5,6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the
offices of the mayor and city commission, the offices of the city manager, and the offices of the city
attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration
when they meet with any personnel as defined in section 2-481.
(Ord. No. 92-2785, ~ 6, 6-17-92)
Sec. 2-485. List of expenditures.
(a) On October I of each year, lobbyists shall submit to the city clerk a signed statement under
oath listing all lobbying expenditures in the city for the preceding calendar year. A statement
shall be filed even if there have been no expenditures during the reporting period.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist
registrations filed. All logs required by this section shall be prepared in a manner
substantially similar to the logs prepared for the state legislature pursuant to F.S. ~ 11.0045.
(c) All members of the city commission and all city personnel shall be diligent to ascertain
whether persons required to register pursuant to this section have complied with the
requirements of this division. Commissioners or city personnel may not knowingly pennit
themselves to be lobbied by a person who is not registered pursuant to this section to lobby
the commissioner or the relevant committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who are
reported to be in violation of this division. The city attorney shall report the results of the
investigation to the city commission. Any alleged violator shall also receive the results of any
investigation and shall have the opportunity to rebut the findings, if necessary, and submit
any written material in defense to the city commission. The city commission may reprimand,
censure, suspend or prohibit such person from lobbying before the commission or any
committee, board or personnel of the city.
(Ord. No. 92-2777, ~ 6, 3-4-92; Ord. No. 92-2785, ~ 7,6-17-92)
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
70
DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods, services, and construction projects other than audit
contracts.
(1) Definition. "Cone of silence II is hereby defined to mean a prohibition on: (a) any
communication regarding a particular request for proposal ("RFP"), request for qualifications
("RFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service provider,
bidder, lobbyist, or consultant and the city's administrative staff including, but not limited to, the city
manager and his or her staff; (b) any communication regarding a particular RFP, RFQ, RFLI, or bid
between the mayor, city commissioners, or their respective staffs, and any member of the city's
administrative staff including, but not limited to, the city manager and his or her staff; (c) any
communication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service
provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection
committee; and (d) any communication regarding a particular RFP, RFQ, RFLI or bid between the
mayor, city commissioners or their respective staffs and any member of a city evaluation and/or
selection committee. Notwithstanding the foregoing, the cone of silence shall not apply to
competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the
city office of community development, and communications with the city attorney and his or her
staff
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the
advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of silence, the
city manager or his or her designee shall provide for public notice of the cone of silence. The city
manager shall include in any public solicitation for goods and services a statement disclosing the
requirements of this division.
b. The cone of silence shall tenninate (i) at the time the city manager makes his or her written
recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission, and
said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the manager making his
or her written recommendation, the cone of silence shall be lifted as relates to communications
between the mayor and members of the commission and the city manager; providing further if the
city commission refers the manager's recommendation back to the city manager or staff for further
review, the cone of silence shall continue until such time as the manager makes a subsequent written
recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or (ii) in the event of
contracts for less than $25,000.00 when the city manager executes the contract.
(3) Exceptions. The provisions of this section shall not apply to: (a) oral communications at pre-
bid conferences; (b) oral presentations before evaluation committees; (c) contract discussions during
any duly noticed public meeting; (d) public presentations made to the city commissioners during any
duly noticed public meeting; (e) contract negotiations with city staff following the award ofan RFP,
RFQ, RFLI, or bid by the city commission; or (f) communications in writing at any time with any
city employee, official or member of the city commission, unless specifically prohibited by the
applicable RFP, RFQ, RFLL or bid documents; or (g) city commission meeting agenda reviewtings
BID NO: 63-01101
DATE: 09/13/01
CITY OF MIAMI BEACH
71
between the city manager and the mayor and individual city commissioners where such matters are
scheduled for consideration at the next commission meeting. The bidder, proposer, vendor, service
provider, lobbyist, or consultant shall file a copy of any written communications with the city clerk.
The city clerk shall make copies available to any person upon request.
(b) Audit contracts.
(1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications
regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder,
lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member
of the city's administrative staff including, but not limited to the city manager and his or her staff,
(b) any oral communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city
commissioners or their respective staffs and any member of the city's administrative staff including,
but not limited to, the city manager and his or her staff; and (c) any communication regarding a
particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or
consultant and any member of a city evaluation and/or selection committee; and (d) any
communication regarding a particular RFP, RFQ or bid between the mayor, city commissioners or
their respective staffs and any member of a city evaluation and/or selection committee.
Notwithstanding the foregoing, the cone of silence shall not apply to communications with the city
attorney and his or her staff.
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed
upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ,
RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or his or her
designee shall provide for the public notice of the cone of silence. The cone of silence shall terminate
(a) at the time the city manager makes his or her written recommendation as to selection of a
particular RFP, RFQ, RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is
awarded; provided, however, that following the manager making his or her written recommendation,
the cone of silence shall be lifted as relates to communications between the mayor and members of
the commission and the city manager; providing further if the city commission refers the manager's
recommendation back to the city manager or staff for further review, the cone of silence shall
continue until such time as the manager makes a subsequent written recommendation, and the
particular RFP, RFQ, RFLI, or bid is awarded or (b) in the event of contracts for less than $25,000.00
when the city manager executes the contract.
(3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service provider,
lobbyist, or consultant (a) from making public presentations at duly noticed pre-bid conferences or
before duly noticed evaluation committee meetings; (b) from engaging in contract discussions during
any duly noticed public meeting; (c) from engaging in contract negotiations with city staff following
the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (d) from
communicating in writing with any city employee or official for purposes of seeking clarification or
additional information from the city or responding to the city's request for clarification or additional
information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The
bidder or proposer etc. shall file a copy of any written communication with the city clerk. The city
clerk shall make copies available to the general public upon request.
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
n
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, vendor, service
provider, consultant, or other person or entity from publicly addressing the city commissioners
during any duly noticed public meeting regarding action on any audit contract. The city manager
shall include in any public solicitation for auditing services a statement disclosing the requirements
of this division.
(c) Violations/penaIties and procedures. A violation of this section by a particular bidder,
proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder, proposer, vendor,
service provider, lobbyist, or consultant to the same procedures set forth in Division 5, entitled
"Debarment of Contractors from City Work" shall render any RFP award, RFQ award, RFLI award,
or bid award to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant void;
and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be considered
for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of
one year. Any person who violates a provision of this division shall be prohibited from serving on
a city evaluation and/or selection committee. In addition to any other penalty provided by law,
violation of any provision of this division by a city employee shall subject said employee to
disciplinary action up to and including dismissal. Additionally, any person who has personal
knowledge of a violation of this division shall report such violation to the city attorney's office or
state
attorney's office and/or may file a complaint with the county ethics commission.
(Ord. No. 99-3164, ~ 1, 1-6-99; Ord. No. 2001-3295, ~ 1,3-14-01)
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
73
RESOLUTION NO. 2000-23879
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT
A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A
CONTRACT WITH THE CITY OF MIAMI BEACH
WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a
Model Code of Business Ethics (the "Model Code''); and
WHEREAS, the City of Miami Beach is a member of the GMCC; and
WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of
principles to help guide decisions and EK:tions based on respect for the importance of
ethical business standards in the community; and
WHEREAS, the GMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which docs business with
the City of Miami Beach should be required, as a condition of doing business with the
County to adopt a Code of Business Ethics.
NOWt THEREFORE BE IT RESOLVED BY THE MAVOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACHt FLORIDA:
Section I. Each person or entity that seeks to do business with the City sbali
adopt a Code of Business Ethics ("Code'') and submit that Code to the City Manager or
his or her designee prior to execution of any contract between the contractor and the City.
The Code of Business shall, at a minimum, require the contractor to comply with all
applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provisions of the City Code.
Section 2. The Commission urges the Greater Miami Chamber of Commerce
to require that all of its members adopt the Model Code of Business Ethics.
Section 3.
adoption.
This resolution shall become effective immediately upon its
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
74
PASSED and ADOPTED this 12th day of April 2000
ATIEST: HJ/J
~YOR
_~~ ftit(~--
CITY CLERK
APPROVED AS TO
FCRMa LANGUAC?,':
a FOR EXEClJnOr't
- 1-e/lJ
BID NO: 63-01101
DATE: 09/13/01
CITY OF MIAMI BEACH
75
GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEMENT OF PURPOSE
The Greater Miami Chamber 01 CommerCe rGMCC'1 seeks to create and sustain an ethical business
climate for its membels and the community by adopting a Code of Business Ethics, The GMCC
encourages its members to incorpolate the principles and practices outlined here in their individual
codes of ethics which will guide their relationships wilh customers, clients and suppliers. This Model
Code can and should be prominentfy displayed at all business locations and may be Incorporated into
malketing malerials, The GMCC believes that its members should use lhis Code as a model for the
development 0' their olganizations' business codes of ethics.
This Model Code is II slalemenl of principles 10 help guide decisIons llnd llelions besed on respect lor Ihe
imponance 01 elhlelll business slanderds in Ihe community, The GMCC beheves Ihe adoplion 01 a meamngful code
at elhics is Ihe responsibility 01 every business end ploles510nal orgllnilOlion,
ComDliance with Government Rules & Reeulations
We will properly maintain all records and post allliconses and certificates
in prominent places easily seen by our employees and customers;
In doaling with government agencies and employees, we will conduct business in
accordance with all applicable lules and regulations and in the open;
We will report contract irregularities and other impropor or unlawful business
practices to the Ethics Commission, tho Office of Inspector General or
appropriate law enforcement authorities,
Recruitment. Selection & Comoensation of Vendors and SUDoliers
We will avoid conflicts of intelest and disclose such connicts when identified;
Gifts which compromise the integrity or a business transaction are unacceplable;
we will not kick back any portion 01 a contract payment to employees of the other
contracting party or accept such a kickback, .
Business Accountinq
All our financial transactions will be properly and fairly recorded in appropriate
books or account, and there will be no .orr the books" transactions or secret
accounts,
Promotion and Sales of Products and Services
Our products will comply with a;1 applicable safety and quality standards;
We will promote and advertise our business and Its products or services in a
manner which is net mIsleading and does notlalsely disparage our competitors;
Ooine Business with the Government
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
76
We will conduct business with government agencies and employees in a manner
which avoids even the appearance of impropriety. Efforts to curry political
favoritism are unacceptable;
Our bids will be competilive, appropriate to the bid documents and arrived at
independently;
Any challenges to contrac~s awarded will have a substantive basis and not be
pursued merely because we are the unsuccessful bidder;
. We will, to the best of our ability, perform govemment contracts awarded at the
price and under the terms provided for in the contract. We will not submil innated
invoices for goods provided or services performed under such conlracts, and
claims will be made only for wOlk actually performed. We will abide by all
conlracting and subcontracting regulations.
. We will not, directly or indirectly, offer to give a bribe or otherwise channel
kickbacks from contracts awarded, to government officials, theil family members
or business associales,
We will not seek or expect preferential treatment on bids based on our
participation in political campaigns.
PUblic,L1f. and Political CamDaians
We encourage all employees to participate in community lire. public service and
the political process;
We encourage all employees to lecruit, support and elect ethical and qualified
pUblic officials and engage them in dialogue and debate about business and
community issues;
Our contributions 10 political parties, committees or individuals will only be made
in accordance with applicable law and will comply with all requirements for public
disclosure. All contributions made on behalf of the business must be reported 10
senior company management; .
We will not contlibute to the campaigns. 0' persons who are convicted felons or
those who do not sign Ihe Fair Campaign Practices Ordinance,
We will not knowingly disseminale lalse campaIgn informalion or support those
who do,
Corporale Officer
Company Name
Date
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
77
ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION S,
ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR
DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING
FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of
Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397.Purpose of debarment.
(a) The City shall solicit offers from, award contracts to, and consent to subcontractors with
responsible contractors only: To effectuate this police, the debarment of contractors from
City work may be undertaken.
(b) The serious nature of debarment requires that this sanction be imposed only when it is in the
public interest for the City's protection. and not for purposes of punishment. Debarment shall
be imposed in accordance with the procedures contained in this ordinance.
Section 2-398.Definitions.
(a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliates of
each other if, directly or indirectly. (I) either one controls or has the power to control the
other, or (ii) a third part controls or has the power to control both. Indicia of control include,
but are not limited to. a fiduciary relation which results from the manifestation of consent by
one individual to another that the other shall act on his behalf and subject to his control, and
consent by the other so to act; interlocking management or ownership; identity of interests
among family members; shared facilities and equipment; common use of employees; or a
business entity organized by a debarred entity, individual, or affiliate following debarment
of a contractor that has the same or similar management, ownership, or principal employees
as the contractor that was debarred or suspended.
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
78
(b) Civil judgment means a judgment or finding of a civil offense by any court of competent
jurisdiction.
(c) Contractor means any individual or other legal entity that:
(I) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or
reasonably may be expected to submit offers or be awarded a City contract,
including, but not limited to vendors, suppliers, providers, Bidders, Proposers,
consultants, and/or design professionals, or
(2) Conducts business or reasonable man be expected to conduct business. with the City
as an agent" representative or subcontractor of another contractor.
(d) Conviction means a judgement or conviction of a criminal offense. be it a felony or
misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a
plea. and includes a conviction entered upon a plea of nolo contendere.
(e) Debannent means action taken by the Debannent Committee to exclude a contractor (and.
in limited instances specified in this ordinance. a Bidder or Proposer from City contracting
and City approved subcontracting for a reasonable, specified period as provided in subsection
(j) below: a contractor so excluded is debarred.
(f) Debannent Committee means a group of seven (7) individual members, each appointed by
the Mayor and individual City Commissioners, to evaluate and. if warranted. to impose
debannent,
(g) Preponderance Greater weight of the evidence means proof by information that, compared
with that opposing it , leads to the conclusion that the fact at issue is more probably true than
not.
(h) Indictment means indictment for a criminal offense. An information or other filing by
competent authority charging a criminal offense shall be given the same effect as an
indictment.
(1) Legal proceeding means any civil judicial proceeding to which the City is a party or any
criminal proceeding. The term includes appeals from such proceedings,
(j) List of debarred contractors means a list compiled, maintained and distributed by the City's
Procurement Office. containing the names of contractors debarred under the procedures of
this ordinance.
Section 2-399.List of debarred contractors.
(a) The City's Procurement Office. is the agency charged with the implementation of this
ordinance shall:
BID NO: 63-01101
DATE: 09/13/01
CITY OF MIAMI BEACH
79
(1) Compile and maintain a current. consolidated list (List) of all contractors debarred
by City departments, Such List shall be public record and shall be available for public
inspection and dissemination;
(2) Periodically revise and distribute the List and issue supplements, if necessary, to all
departments. to the Office of the City Manager and to the Mayor and City
Commissioners: and
(3) Included in the List shall be the name and telephone number of the City official
responsible for its maintenance and distribution.
(b) The List shall indicate:
(1) The names and addresses of all contractors debarred. in alphabetical order;
(2) The name of the department that recommends initiation of the debarment action;
(3) The cause for the debarment action, as is further described herein. or other statutory
or regulatory authority;
(4) The effect of the debarment action;
(5) The termination date for each listing;
(6) The contractor's certificate of competence or license number, when applicable;
(7) The person through whom the contractor is qualified, when applicable;
(8) The name and telephone number of the point of contact in the department
recommending the debarment action.
(c) The City's Procurement Office shall:
(1) In accordance with internal retention procedures maintain records relating to each
debarment;
(2) Establish procedures to provide for the effective use of the List, including internal
distribution thereof to ensure that departments do not solicit offers from, award
contracts to, or consent to subcontracts with contractors on the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such responses
with the department that recommended the action,
Section 2-400.Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit
offers from award contracts to, or consent to subcontracts with these contractors unless the
City Manager determines that an emergency exists justifYing such action. and obtains
approval from the Mayor and City Commission, which approval shall be given by 517ths vote
of the City Commission at a regularly scheduled City Commission meeting. Debarred
contractors are also excluded from conducting business with the City as agents,
representatives, subcontractors or partners of other contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
80
Section 2-401.Continuation of current contracts.
(a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as
Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of
Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that
debarment may constitute grounds for termination of the contract as well as disqualification
from consideration on any RFP, RFO. RFLI. or bid.
(b) The debarment shall take effect in accordance with the notice provided by the City Manager
pursuant to subsection 2-405(h) below. except that if a City department has contracts or
subcontracts in existence at the time the contractor was debarred, the debarment period may
commence upon the conclusion of the contract. subject to approval ofsame be 5/7ths vote
of the Mayor and City Commission at a regularly scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of current contract or
consent to subcontracts with debarred contractors, unless the City Manager detennines that
an emergency exists justifying the renewal or extension or for an approved extension due to
delay or time extension for reasons beyond the contractor's control and such action is
approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled
meeting.
(d) No further work shall be awarded to a debarred contractor in connection with a continuing
contract where the work is divided into separate discrete groups and the City's refusal or
denial of further work under the contract will not result in a breach of such contract.
Section 2-402.Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City
approval, the department shall not consent to subcontracts with such contractors unless the
City Manager determines that an emergency exists justifying such consent and the Mayor and
City Commission approves such decision by 5/7ths vote at a regularly scheduled meeting.
(b) The City shall not be responsible for any increases in project costs or other expenses incurred
by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-
402(a) above, provided the subcontractor was debarred prior to bid opening or opening of
proposals, where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or
bid.
Section 2-403.Debarment.
(a) The Debarment Committee may, in the public interest debar a contractor for any of the causes
listed in this ordinance using the procedures outlined below. The existence ofa cause for
debarment however, does not necessarily require that the contractor be debarred; the
seriousness of the contractor's acts or omissions and any mitigating factors should be
considered in making any debarment decision.
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
81
(b) Debarment constitutes debarment of all officers, directors, shareholders owning or controlling
twenty-five (25) percent of the stock, partners, divisions or other organizational elements of
the debarred contractor, unless the debarred decision is limited by its tenns to specific
divisions, organizational elements or commodities. The Debarment Committee's decision
includes any existing affiliates of the contractor if they are (I) specifically named and (ii)
given written notice of the proposed debarment and an opportunity to respond. Future
affiliates of the contractor are subject to the Debarment Committee's decision.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil judgment,
(1) For commission of a fraud or a criminal offense in connection with obtaining
attempting to obtain, performing, or making a claim upon a public contract or
subcontract or a contract or subcontract funded in whole or in part with public funds;
(2) For violation of federal or State antitrust statutes relating to the submission of offers;
(3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
(4) Which makes the City the prevailing party in a legal proceeding and a court
determines that the lawsuit between the contractor and the City was frivolous or filed
in bad faith.
(b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a
Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for;
(1) Violation of the terms of a City contract or subcontract or a contract or subcontract
funded in whole or in part by City funds such as failure to perform in accordance
with the terms of one (1) or more contracts as certified by the City department
administering the contract; or the failure to perform or unsatisfactorily perform in
accordance with the terms of one (1) or more contracts, as certified by an independent
registered architect engineer or general contractor;
(2) Violation of a City ordinance or administrative order which lists debarment as a
potential penalty;
(3) Any other cause which affects the responsibility of a City contractor or subcontractor
in performing City work.
Section 2-40S.Debarment procedures.
(a) Requests for the debarment of contractors may be initiated by a City Department or by a
citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt
of a request for debarment, the City Manager shall transmit the request to the Mayor and City
Commission at a regularly scheduled meeting. The Mayor and City Commission shall
transmit the request to a person or persons who shall be charged by the City Commission
with the duty of promptly investigating and preparing a written report(s) concerning the
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
81
proposed debarment, including the cause and grounds for debarment as set forth in this
ordinance.
(b) Upon completion of the aforestated written report, the City Manager shall forward said report
to the Debarment Committee. The City's Procurement Office shall act as staff to the
Debarment Committee and, with the assistance of the City department person or persons
which prepared the report present evidence and argument to the Debarment Committee
(c) Notice of proposal to debar. Within ten working days of the Debarment Committee having
received the request for debarment and written report, the City's Procurement Office, on
behalf of the Debarment Committee shall issue a notice of proposed debarment advising the
contractor and any specifically named affiliates, by certified mail. return receipt requested,
or personal service containing the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient to put the
contractor and any named affiliates on notice of the conduct or transaction(s) upon
which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a date and
time not less than thirty (30) days after service of the notice. The notice shall also
advise the contractor that it may be represented by an attorney, may present
documentary evidence and verbal testimony, and may cross-examine evidence and
testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of proposed
debarment, and of the potential effect of an actual debarment.
(d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must
furnish the City's Procurement Office a list of the defenses the contractor intends to present
at the hearing. If the contractor fails to submit the list, in writing, at least seven (7) working
days prior to the hearing or fails to seek an extension of time within which to do so, the
contractor shall have waived the opportunity to be heard at the hearing. The Debarment
Committee has the right to grant or deny an extension oftime, and for good cause, may set
aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an
abuse of discretion standard.
(e) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for
initiating a debarment procedure nor the sole basis of any determination of debarment. The
hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the
election Committee and at the expense of the City. Copies of the hearing tape or transcript
shall be furnished at the expense and request of the requesting party.
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
83
(f) Debarment Committee's decision. In actions based upon a conviction or judgment, or in
which there is no genuine dispute over material facts, the Debarment Committee shall make
a decision on the basis of all the undisputed material information in the administrative
record, including any undisputed, material submissions made by the contractor. Where
actions are based on disputed evidence, the Debarment Committee shall decide what weight
to attach to evidence of record, judge the credibility of witnesses, and base its decision on
the prepondenance greater weight of the evidence standard. The Debannent Committee shall
be the sole trier of fact. The Committee's decision shall be made within ten (10) working
days after conclusion of the hearing, unless the Debarment Committee extends this period
for good cause.
(g) The Committee's decision shall be in writing and shall include the Committee's factual
findings, the principal causes of debarment as enumerated in this ordinance, identification
of the contractor and all named affiliate: affected by the decision, and the specific tenn,
including duration, of the debarment imposed.
(h) Notice of Debannent Committee's decision.
(I) If the Debarment Committee decides to impose debarment, the City Manager shall
give the contractor and any named affiliates involved written notice by certified mail,
return receipt requested, or hand delivery, within ten (10) working days of the
decision, specifying the reasons for debarment and including a copy of the
Committee's written decision; stating the period of debarment, including effective
dates; and advising that the debarment is effective throughout the City departments.
(2) If debannent is not imposed,the City Manager shall notify the contractor and any
named affiliates involved ,by certified mail. return receipt requested. or personal
service, within ten (10) working days of the decision.
(i) All decisions of the Debarment Committee shall be final and shall be effective on the date
the notice is signed by the City Manager. Decisions of the Debarment Committee are subject
to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a
stay of the debannent decision in accordance with the Florida Rules of Appellate Procedure.
Section 2-406. Period of debarment.
(a) The period of debarment imposed shall be within the sole discretion of the Debannent
Committee. Debarment shall be for a period commensurate with the seriousness of the
cause(s), and where applicable, within the guidelines set forth below, but in no event shall
exceed five (5) years.
(b) The following guidelines in the period of debarment shall apply except where mitigating or
aggravating circumstances justify deviation;
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
84
Lu
(1) For commission ofan offense as described in subsection 2404(a)(I): five (5) years.
(2) For commission ofan offense as described in subsection 2404(a)(2): five (5) years.
(3) For commission of an offense as described in subsection 2404(a)(3): five (5) years.
(4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five
(5) years.
(5) For commission ofan offense as described in subsections 2404(b)(1) or (2): two (2)
to five (5) years.
(c) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon
the contractor's written request for reasons such as:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debarment was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(d) The debarment debarred contractor's written request shall contain the reasons for requesting
a reduction in the debarment period, The City's Procurement Office, with the assistance of
the affected department shall have thirty (30) days from receipt of such request to submit
written response thereto. The decision of the Debarment Committee regarding a request
made under this subsection is final and non-appealable.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission ofthe City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other
appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day ofMarch,2000.
PASSED and ADOPTED this 23rd day of Februarv, 2000.
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
85
.....
ORDINANCE NO. 2002-3344
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR
RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S), REQUEST
FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST
(RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL
QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF mE CITY
OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING
ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING
SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED
BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, from time to time the City procures goods and services through Invitation
for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of
Interest, and purchase orders based on written or oral quotations, in accordance with the
public bidding procedures set forth in Florida law and the Code of the City of Miami Beach
(the "City Code"); and
WHEREAS, such process may lead to protested bids and proposed awards; and
WHEREAS, it is the intent of the Mayor and City Commission that procedural and
technical issues related to Invitations for Bids, Requests for Proposals, Requests for
Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral
quotations, be decided by the City Manager and the City Attorney, and that their
detenninations with respect to said procedural and technical issues shall be deemed final;
and
WHEREAS, it is in the best interests of the City and all respondents to Invitations for
Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest,
and purchase orders based on written or oral quotations, to have a clear and unequivocal
procedure for resolving such protests in a timely and expeditious manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1. There is hereby added to Article VI of Chapter 2 of the City Code a new
Section 2-371, which shall read as follows:
Section 2-371. Authority to Resolve Protested Bids and Proposed Awards.
(a) Right to Protest. Any actual bidder, qualified proposer, or interested parties
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
86
"
(hereinafter collectively referred to as the "bidder") who has a substantial interest
in, and is aggrieved in connection with the solicitation or proposed award of, a
request for proposals ("RFP"), request for qualifications ("RFQ"),
request for letters of interest ("RFLI') or invitation for bid for goods and/or
services ("hereinafter, collectively referred to as the bid") may protest to the City
Manager or his or her designee. Protests arising from the decisions and votes of
any evaluation or selection committee shall be limited to protests based upon
alleged deviation(s) from established purchasing procedures set forth in this
Code, any written guidelines of the Procurement Department, and the
specifications, requirements and/or terms set forth in any bid.
(1) Any protest concerning the bid specifications, requirements, and/or tenns
must be made within three (3) business days (for the purposes of this
ordinance, "business day" means a day other than Saturday, Sunday or
a national holiday), from the time the facts become known and, in any
case, at least two (2) business days prior to the opening of the. Such
protest must be made in writing to the City Manager or his or her
designee, and such protest shall state the particular grounds on which it
is based and shall include all pertinent documents and evidence. No bid
protest shall be accepted unless it complies with the requirements of this
section. Failure to timely protest bid specifications, requirements and/or
terms is a waiver of the ability to protest the specifications, requirements
and/or tenns.
(2) Any protest after the bid opening, including challenges to actions of any
evaluation or selection committee as provided in subsection (a) above,
shall be submitted in writing to the City Manager, or his or her designee.
The City will allow such bid protest to be submitted anytime until two
(2) business days following the release of the City Manager's written
recommendation to the City Commission, as same is set forth and
released in the City Commission agenda packet, for award of the bid in
question. Such protest shall state the particular grounds on which it is
based and shall include all pertinent grounds on which it is based, and
shall include all pertinent documents and evidence. No bid protest shall
be accepted unless it complies with the requirements of this section. All
actual bidders shall be notified in writing (which may be transmitted by
electronic communication, such as facsimile transmission and/or e-mail),
following the release of the City Manager's written recommendation to
the City Commission,
(b )Any bidder who is aggrieved in connection with the solicitation or proposed award of
a purchase order based on an oral or written quotation may protest to the City
Manager or his or her designee anytime during the procurement process, up to
BID NO: 63-01/01
DATE: 09/13/01
CITY OF MIAMI BEACH
87
\
'"
the time of the award of the purchase order, but not after such time. Such protest
shall be made in writing and state the particular grounds on which it is based and
shall include all pertinent documents and evidence. No bid protest shall be
accepted unless it complies with the requirements ofthis section.
(c) The City may request reasonable reimbursement for expenses incurred in
processing any protest hereunder, which expenses shall include, but not be
limited to, staff time, legal fees and expenses (including expert witness fees),
reproduction of documents and other out-of-pocket expenses.
(d)Authority to Resolve Protests. The City Manager or his or her designee shall have the
authority to settle and resolve a protest concerning the solicitation or award of
a bid.
(e) Responsiveness. Prior to any decision being rendered under this Ordinance with
respect to a bid protest, the City Manager and the City Attorney, or their
respective designees, shall certifY whether the submission of the bidder to the
bid in question is responsive. The parties to the protest shall be bound by the
detennination of the City Manager and the City Attorney with regard to the issue
of responsiveness. The E!et",,,.a~Bati9R efthe City Manager ME! the City l\ttemey
with regSftl te all preeeE!uF&l ME! teelmiealmattsfS shall he BBal.
(f) Decision and Appeal Procedures. If the bid protest is not resolved by mutual
agreement, the City Manager and the City Attorney, or their respective
designees, shall promptly issue a decision in writing. The decision shall
specifically state the reasons for the action taken and inform the protestor of his
or her right to challenge the decision. Any person aggrieved by any action or
decision of the City Manager, the City Attorney, or their respective designees,
with regard to any decision rendered under this section may appeal said decision
by filing an original action in the Circuit Court of the Eleventh Judicial Circuit
in and for Miami-Dade County, Florida, in accordance with the applicable court
rules. Any action not brought in good faith shall be subject to sanctions
including damages suffered by the City and attorney's fees incurred by the City
in defense of such wrongful action.
(g) Distribution. A copy of each decision by the City Manager and the City
Attorney shall be mailed or otherwise furnished immediately to the protestor.
(h) Stay of Procurements During Protests. In the event of a timely protest under
this section, the City shall not proceed further with the solicitation or with the
award pursuant to such bid unless a written determination is made by the City
Manager, that the award pursuant to such bid must be made without delay in
order to protect a substantial interest of the City.
Bm NO: 63-01101
DATE: 09/13/01
CITY OF MIAMI BEACH
88
i
(i) The institution and filing of a protest under this Code is an administrative remedy
that shall be employed prior to the institution and filing of any civil action
against the City concerning the subject matter of the protest.
(j) Protests not timely made under this section shall be barred. Any basis or
ground for a protest not set forth in the letter of protest required under this
section shall be deemed waived.
(k)At the time the City Manager's written recommendation for award of a bid is presented
at a meeting of the Mayor and City Commission, the City Attorney, or his or her
designee, shall present a report to inform the Mayor and City Commission of any
legal issues relative to any bid protest filed in connection with the bid in
question.
(I) The detennination of the Citv Manager and the City Attornev with regard to all
procedural and technical matters shall be final.
Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the
same are hereby repealed.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of this Ordinance. It is the intention
of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this Ordinance shall become and be made part of the Code of the City
of Miami Beach, Florida, The sections of this Ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th
day of January. 2002.
PASSED on First Reading this 19th day ofDecernber ,200 I.
PASSED and ADOPTED on Second Reading this 9th day of January. 2002.
ATIPST:r p~
~lDK
F;\A lTOIAqualJlll5Ol\lllDPR01'S,odI2,doc:
81
DJ
APPRCMo AS TO
FORM & I.ANGtW3E
& POl BCECUTlON
~ ',;.,:-" (
~-'--...---' .....
.~::k",:.~,itt