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Everglades Environmental Care ;, AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND EVERGLADES ENVIRONMENTAL CARE, INC. FOR THREE YEAR CONTRACT FOR PROVIDING GROUNDS MAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS BID NO. 82-98/99 CITY CLERK City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 "7/;;"1/9f CZG ~ AGREEMENT BETWEEN CITY OF MIAMI BEACH AND EVERGLADES ENVIRONMENTAL CARE, INC. THREE YEAR CONTRACT FOR PROVIDING GROUNDS MAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS THIS AGREEMENT made and entered into this ~ I J~ay of ~ 1999, by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida and EVERGLADES ENVIRONMENTAL CARE, INC., (hereinafter referred to as Contractor), whose address is 911 NW 209th Ave., Suite 126, Pembroke Pines, FL 33029. Agreement: City Manager: Services: Bid Documents: Bid 1182-98/99 City of Miami Beacb SECTION 1 DEFINITIONS This written Agreement between the City and Contractor. "City Manager" means the Chief Administrative Officer of the City. All services, work and actions by Contractor performed pursuant to this Agreement and as specifically described in the Bid Documents herein. Bid Documents shall mean; a) Invitation to Bid No. 82-98/99, Three Year Contract for Providing Grounds Maintenance Service with an Option to Renew for Three Years on a Year to Year Basis, issued by the City, in contemplation of this Agreement, together with all amendments, and b) the Contractor's proposal and response (proposal) which is incorporated by reference in this Agreement and made a part hereof. 2 SECTION 2 SCOPE OF WORK The scope of work to be performed by Everglades Environmental Care, Inc., is set forth in the Bid Documents. SECTION 3 COMPENSATION 3.1 ~ Owner shall pay Contractor for performance of the Work in accordance with the Bid Documents in current funds at the unit prices presented in the Bid Proposal, attached to this Agreement. 3.2 Method of P~ment Payment shall be made within thirty (30) days of submission of invoices to the ordering City agencies. SECTION 4 GENERAL PROVISIONS 4.1 Responsibili~ of Contractor With respect to the performance of the Services, Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, Contractor shall comply with all applicable laws and ordinances, including but not limited to, applicable regulations of the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines. 4.2 Public Enti~ Crimes 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 Bid #82-9l1199 City of Miami Beach / 3 ofa public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 4.3 Duration and Extent of Aereement The term of this Agreement shall be for a period of three (3) years from the date of execution of this Agreement. Additionally, there shall be three one-year renewal options, at the sole discretion of the City. 4.4 TERMINATION 4.4.1 Termination for Cause If Contractor shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate this Agreement. Prior to exercising its option to terminate for cause, the City shall notify Contractor of its violation of the particular terms of this Agreement, and shall grant Contractor seven (7) days to cure such default. If such default remains uncured after seven (7) days, the City, upon three (3) days notice, may terminate this Agreement. 4.4.2 Termination for Convenience of City Notwithstanding Section 4.4.1, the City may, for its convenience and without cause, terminate this Agreement at any time by giving written notice to Contractor of such termination, which shall become effective thirty (30) days following receipt by Contractor of the written termination notice. Bid #82-98199 City or Miami Buob 4 4.5 Performance and Labor and Material Payment Bond The Contractor shall file with the Procurement Director of said City of Miami Beach a Performance and Labor and Material Payment Bond, each in the amount of 100 percent of Contract Amount, 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. 4.6 Insurance The Contractor, at all times during the full duration of work under this contract, including all extra work in connection with this project maintain Insurance as required in the Bid Documents. 4.7 Equal Employment Opportunity In connection with the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.8 Entirety of Agreement This writing and all exhibits hereto embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. The exhibits and the Bid Documents are hereby incorporated by reference into this Agreement. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City Bid 1182-98/99 City or Miami Beach 5 of Miami Beach. 4.9 Indemnification Contractor agrees to indemnify and hold hannless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its employees, agents, sub-consultants, or any other person or entity acting under Contractor's control, in connection with the Contractor's performance of the Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to the Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's Indemnity Agreement. The Contractor's obligation under this subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.10 Limitation of City's Liability The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the swn of $5,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximwn amount of$5,000, less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Bid #82-98/99 City of Miami Bea.b 6 Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $5,000, which amount shall be reduced by the amount actually paid by the City to the Contractor pursuant to this Agreement, for any action of claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. 4.11 Assignment. Transfer or Subcontracting The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. 4.12 Notices All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by registered mail, postage prepaid. Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: Everglades Environmental care, Inc. 911 NW 209th Ave. Suite 126 Pembroke Pines, FL 33029 Telephone (954) 430-1787 Facsimile (954) 430-2787 TO CITY: City of Miami Beach Attn: City Clerk 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7411 WITH COPIES TO: Office of the City Attorney Attn: Murray H. Dubbin City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Bid #82-9l1199 City ofMi.mi Be..b 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ~~~q- f~ City Clerk CITY o~ BEACH, FLORIDA By: 7/!!L Mayor FOR CONTRACTOR: ATTEST: k Corporate Seal APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION 11{~ ;lid'! Bid #82-98199 City of Miami Beacb / 8 &lCITY OF MIAMI BEACH ITY I;tALL1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ttp:\lci.miam !-beach. fl.us I I I I I I I I I I , I - I I I I ~ COMMISSION MEMORANDUM NO. ~ 3(,,-9'7 TO: Mayor Neisen O. Kasdin and Members of the City Commission DATE: July 21,1999 FROM: Sergio Rodriguez City Manager SUBJECT: Request for roval to Award a Contract to Everglades Environmental Care, Ine., in the stimated Annual Amount of$188,350, Pursuant to Bid No. 82-98/99 for a Three-Year Contract for Grounds Maintenance Service for the City of Miami Beach, with an Option to Renew for Three-Years on a Year-to-Year Basis. RECOMMENDATION Approve the award. FUNDING $188,350 (Estimated annual amount) Funds are available within Parks & Recreation Maintenance Division. Account Number 011.0940.000312 BACKGROUND This Invitation to Bid was issued on June 22, 1999, with an opening date of July 12, 1999. Fifty- seven (57) notices and three (3) specifications were mailed. A Mandatory Pre-Bid Conference was conducted on June 30, 1999, and one bid was received by the July 12, 1999 deadline. The contractor is to furnish all expertise, supervision. labor, equipment, material, transportation. facilities, and support services necessary to perform complete grounds maintenance and miscellaneous services for Normandy Drive, Seventy First (71) Street, Collins Avenue, Ocean Terrace and the Calais Drive Streetscape. The work sba1I include, mowing, edging, litter pickup, weeding, mulching, pruning and fertilizing, pest and disease control, watering and irrigation system repair and maintenance, and replacement of plants as required. The City may elect at it s option to purchase plant materials from this bid or seek competitive bids for these items and install this material with City labor. , fJ:~~:N:.3 p~:=r~G\.:::: , ~~,~~ .:.~.::::~';r::-::-:: ;;--: .... .. AGENDA ITEM Q'ZG 7 -21-C}~ 19 DATE Bid No. 82-98/99 Page Two July 21, 1999 BACKGROUND (continued) , Additionally, the bid contains a provision to add or delete areas to be maintained by the contractor at the contractually agreed upon unit price. The bid also includes a provision for the contractor to provide disaster response to assist the City with clean-up efforts prior to and following a disaster. The contractor will be compensated based on the labor rates by classification submitted with the bid. All work shall be done in a thorough and workmanlike manner under competent Contractor supervision to the satisfaction of the City of Miami Beach Parks & Recreation Department. ANALYSIS In the past five years the City of Miami Beach has completed several landscape beautification proj ects, planted thousands of trees and significantly enhanced the quality of life for our residents through increased maintenance of the natural resources on Miami Beach. In support of this effort the Parks & Recreation Department has continuously strived to improve the standards of landscape maintenance throughout the City. Due to the ever increasing cost of providing quality landscape maintenance services for the City of. Miami Beach, the Parks and Landscape Maintenance Division has implemented actions that include the outsourcing of select areas of maintenance. Examples of this outsourcing include the complete maintenance of the MacArthur and Julia Tuttle Causeways, Star Island, PalmIHibiscus Island. Prior to the issuance of this bid the maintenance standards currently in use throughout the City of Miami Beach were thoroughly reviewed by the administration of the ParkslLandscape Maintenance Divisions. Subsequently, a maintenance specification package was compiled, with the objective of providing a high level of professional landscape maintenance at a reasonable cost. The established landscape maintenance standards are comparable to those currently followed by our Parks and Landscape Divisions' workforce. An additional requirement of this bid was that respondents must have a Horticulturist, with a four-year degree in Horticulture from a United States accredited College, with a minimum of two years field supervisory experience in large scale commercial landscape management with an established commercial landscape company operating in South Florida, or an individual with a four year degree in a related field(s) from a United States accredited College with a minimum of five years experience on staff assigned as the Contractor's Representative to the City. Additionally, the bidders were required to provide an International Society of Arboriculture certified Arborist, State of Florida certified Pest Control Applicator and experienced Commercial Irrigation professional. .20 I I t I I I I m I , - I Ij I I g , 1 u fJ I I I I I I I I I I I I I I I I I Bid No. 82-98/99 Page Three July 21, 1999 ANAL YSIS (continued) These are the levels of expertise the City of Miami Beach currently provides utilizing existing staff. The adherence to the same criteria for the Contractor's staff is essential to the provision of the quality levels of service anticipated by our citizens, tourists and day guests. The implementation of this professional landscape maintenance service contract provides the City an opportunity to evaluate the effectiveness of outsourcing grounds maintenance services for predetermined sections of the City of Miami Beach \Vith the goal of providing the most efficient and cost-effective grounds maintenance possible. A comparison of the costs as included in this bidder's response indicates the expense to be comparable to current Cicy-provided services. While a cost savings is not anticipated during the first year of the contract, it is anticipated that a savings \Vill be realized in years two and three of the agreement due to reduced equipment replacement, use of fewer parts and use of less fuel. References submitted by this vendor were checked by the Parks & Recreation Department and were found to be highly satisfactory. The tenn of the contact shall commence upon award by the City Commission and execution by all parties and shall remain in effect for a period of three (3) years, based on available funding. In the event any provisions of the bid are violated by the contractor, the Procurement Director shall give vvritten notice to the contractor stating the deficiencies and unless they are corrected \Vithin ten (10) days a recommendation \ViII be made to the City Commission for immediate cancellation. Additionally, the City COmmission has the right to terminate the contract at any time for any reason, upon giving thirty (30) days prior written notice to the contractor. TABULATION Attached. CONCLUSION This contract should be awarded to the sole responsive, responsible bidder, Everglades Environmental Care, Inc. SR~KS:= , , .-n. ......_._........_. ......,.... .. . -~-:-:!'..~>1[~~~2:.~..:.. ..-. --.-" ~::-:~;'.:t;;~~~ 21 TABULATION BID #82-98/99 Item # Project Description Everglades Environmental Care, Inc. I Normandy Drive $1,968.75 2 Seventy First (71) Street $1,968.75 3 Collins Avenue $5,776.66 4 Ocean Terrace 54,208.33 5 Calais Drive (Streescape) $1,773.33 TOTAL MONTHLY $15,695.82 6 Hourly rate per Contractor Regular time: $25.00 Representative Overtime: $35.00 7 Hourly rate per Regular time: $17.00 Laborer/Groundskeeper Overtime: $25.00 8 Hourly rate per Irrigation Regular time: $35.00 Technician Overtime: $50.00 9 Hourly rate per Large Regular time: $35.00 Equipment Operator Overtime: $50.00 10 Hourly rate per Regular time: $25.00 SupervisorlForeman Overtime: $35.00 11 Hourly rate per Regular time: $25.00 Climber Overtime: $35.00 12 Hourly rate per Regular time: $35.00 Certified Arborist Overtime: $50.00 13 Hourly rate per Regular time: $25.00 Pest Control Technician Overtime: $35.00 14 St. Augustine Sod $200.00 IS Shredded Cypress Mulch 540.00 16 Seasonal Color $1.85 17 For all other materials not specified, Contractor 25.00% shall furnish at ~ above vendor cost / ..' ~)":.:....'~"-' .'~ .- :~>-;';;';';'~!;..i~.~\.;x,-,.:_;.~ ,..- _.~'~.. -. . . '-'-. ,-,.. "~"l:l\""l ""-. "'.~'~~. .~'-~~-;;':.~:.::-;' . -'-::"::.<-~~~:. " ..-. :::-. . ~~~j~~(~' l j j I I I I I , , J , , , - , - - 1;~~;~~.:~~:.~ Jul-12-99 03:42P Everglades Env;ranmental 954 430 2747 P.03 EVERGLADES ENVI~aNMENTAL CARE, INC. 911 N.W. 209th Avenue' Quite 125 Pembroke PinK, R 33029 (964) 430-1787. Fax (964) 430-2747 July 12, 1999 City of Miami Beach Procurement Division Miami Beach, Florida RE: Bid #82-98/99 (Bid Clarification) Item # Projed DeKription Total Price, Per Month 1 2 3 4 5 Nonnandy Drive Seventy First (71) Street Collins Avenue Ocean Terrace Calais Drive $1,968.75 $1,968.75 $5,776.66 $4,208.33 $1,773.33 Total Per Month $15,695.82 / THREE YEAR CONTRACT FOR PROVIDING GROUNDS MAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS BID #82-98/99 BID FORM We propose to furnish all labor, tools, equipment, transportation, pennits, licenses, services and incidentals necessary in order to provide Grounds Maintenance for the City of Miami Beach, in accordance with Bid Specifications, as follows: Item # Project Description Total Price, Per Month 1 Normandy Dive $ 23,625.00 2 Seventy First (71) Street $ 23,625.00 3 Collins Avenue $ 69,320.00 4 Ocean Terrace $ 50,500.00 5 Calais Drive (Streetscape) $ 21,280.00 Bid /I 82-98/99 Dale Issued: 6/18/99 City oCMiami Beach 42 4.5.3.1.5 The Contractor shall be responsible for removing all signs, posters, boards, supports and any other material(s) attached or fastened to trees, or from elsewhere on the project site. as directed by the Project Manager. 4.5.4 Weed Control 4.5..l.1 All landscape areas within the specified area, including lawns, shrub and ground cover beds, planters, and areas covered with gravel, shall be kept free of all weeds at all times. This means complete removal of all weed growth shall be accomplished at each mowing cycle. For the purpose of this specification, a weed will be considered as any undesirable or misplaced plant. Weeds shall be controlled either by hand, mechanical, or chemical methods. The Project Manager may restrict the use of chemical or mechanical weed control in certain areas. Mechanical weed control shall not disturb the mulch layer so as to expose the underlying soil. 4.5A.l.l 4.5.4.1.2 4.5.4.1.3 Weeds are to be mowed, trimmed, or edged from turf areas as a part of turf care operations. Weeds are to be manually removed from shrub, hedge, ground cover or flower beds, unless chemical or mechanical means are specifically authorized by the Project Manager. Persistent weed growth such as the growth of sedges shall be killed with "round up" whenever possible. Weeds are to be removed from walkways, curbs, expansion joints, and along fence lines and guardrails at each mowing cycle or as otherwise directed by the Project Manager. 4.5.4.1. If infestations cannot be controlled by hand-pulling, or herbicide use will damage or kill the shrubs or ground-covers, the bed may be excavated, after removing all plants. Then, weeds may be destroyed before replanting by any of the following methods: 4.5.4.2. I 4.5.4.1.2 4.5.4.2.3 Sterilize the soil, or Allow weeds to reestablish a vegetative top and treat with a systemic herbicide, at least two (2) applications, about two (2) weeks apart, or until there is a 90% kill. After the kill, apply, immediately llfu;r replanting, a pre-emergent herbicide, such as Treflan or prior to replanting a ground cover fabric. 4.5.4.3 If it is determined by the City that the Contractor responsible for maintenance allows weed infestations to spread beyond the ability to control them, then the removal, treatment, and replacement of the planting bed shall be done as described above by the Contractor at ~ to the City. Soil which exhibits significant weed growth within one (I) month after planting, (10% ground coverage of the bed by weeds) shall be considered as previously weed-infested. 4.5.5 Litter Control 4.5.5.1 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. Bid # 82-98/99 nate Issued: 6/18/99 City of Miami Beach 32 4.5.5.2 Litter Removal: In addition to the litter removal required to accomplish the mowing operation. the Contractor shall be responsible for litter removal on Mondays, Thursdays, Saturdays and Sundays to be done in such a manner and with sufficient personnel so that the entire site is cleaned on or before 2:00 P.M. each of those days. 4.5.6 Fertilization and Soil Testing The fertilizer used shall be a commercial grade product and recommended for use on each plant type. Specific requirements should be determined by soil test results, soil type, and time of year. Applications shall proceed continuously once begun until all areas have been completed. In the event fertilizer is thrown on hard surfaces, it shall be removed immediately to prevent staining. Contractor shall have the soil tested three (3) times yearly to determine required additives, and more often if necessary to diagnose problem areas. The Contractor shall inform the Project Manager at least three (3) days in advance before beginning any fertilization. 4.5.6.1 Turf 4.5.6.1.1 St Augustine St. Augustine turf shall be fertilized four (4) times per year at a rate of I lb. Of Nil 000 Square feet. The N < P< K ratios shall vary with the time of year of the application and results of the soil analysis. The approximate N, P, K ratios should be: One (I) application ofa 5:2:1 ratio with a post-emergent weed control; One (I) application ofa 10:1:2 ratio with Dursban, and one application being a blanket application of insecticide; One (I) application ofa 3:1:3 ratio; One (I) application ofa 5:2:1 ratio 4.5.6.1.2. Groundcover, & Shrubs The fertilizer for all planted shrubs and groundcovers shall meet appropriate horticultural standards with an N, P, K ratio of 3: 1 :2. unless soil conditions or plant species dictate differently, with at least 60% of the nitrogen from a non-water soluble organic source. All shrubs and groundcovers shall be fertilized by broadcasting by hand over the beds three (3) times per year. Fertilizer should be applied Spring, Summer and Fall at the following rates: 1-1/2 to 3 Ibs. Nil 00 Square Feet The Contractor shall establish a program that will fertilize all shrubs and groundcover, describing the type of fertilizer required for each type of plant and the time of year this work will be undertaken. A copy for approval of the fertilization schedules shall be made available to the City no less than one (I) month prior to application. Any plants damaged by over-fertilization shall be replaced at the Contractor's expense. Changes in fertilization rates, methods and composition must be approved by the City in writing. Bid # 82-98/99 Date Issued: 6/18/99 City or Miami Beach / 33 4.5.6. I.J Fertilization Trees. & Palms The fertilizer for all the planted trees shall meet proper horticultural standards with an N, P, K ratio of 4: I :4, unless soil conditions or plant species dictate differently, with at least 60% of the nitrogen from a non-water soluble organic source. Concentrated slow-release fertilizer tablets may be used on trees if approved by the City's representative. Trees shall be fertilized twice yearly: Spring and Fall in the following amounts: Caliper Pounds of Fertilizer 2" 3 J" 6 4" 10 5" 15 6" 4/ in of dia. All palms shall be fertilized during April and September. The fertilizer shall be broadcast under foliage canopy at the rate of I lb. per inch of palm tree diameter. The Contractor shall establish a program that will fertilize all trees and palms, describing the type of fertilizer required for each type of plant and the time of year this work will be undertaken.A copy for approval of the fertilization schedules shall be made available to the City no less than one (I) month prior to application. Any trees damaged by over-fertilization or by the use of wrong type of fertilizer shall be replaced at the Contractor's expense. Changes in fertilization rates, methods, and composition must be approved by the City in writing. 4.5.7 General Use of Chemicals The Contractor shall submit a list of all chemical herbicides and pesticides proposed for use under this Contract for approval by the Project Manager, including MSD sheets for each item. Materials included on this list shall be limited to chemicals approved by the State of Florida, the Department of Agriculture, and the Florida Department of Transportation, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of and be performed under the direction of a Certified Pest Control Operator. No chemical herbicide or pesticide shall be applied until use is approved, in writing, by the Project Manager as appropriate for the purpose and area proposed. 4.5.8 Disease and Pest Control To control or eradicate infestations by chewing or sucking insects, leaf miners, fife ants, and other pests and diseases, spray affected plants with chemical sprays and combinations of sprays suitable for that particular pest when the infestation or infection becomes evident and as often thereafter as necessary. Contractor shall be fully licensed to spray pesticide. Contractor shall use sound cultural practices that aid in preventing the presence or proliferation of insect and diseases. Insects in Bermuda grass shall be controlled by both curative and preventative measures. Timing will be critical on mole cricket applications and frequencies of application will be as needed to successfully control their infestations. Nematode samples will be taken at least two (2) times each year and action shall be taken per the recommendation of the IFAS lab results to control the populations This lab report shall be submitted to the City for their review as soon as it is received. Bid # 82.98199 Date Issued: 6/18199 City of Miami Beach 34 Royal Palms: Applications of CYGaN in frond buds in February. Follow up with a second application in three (3) weeks or as needed to eliminate infestations of Royal Palm red eye bug (xylastodoris luteolus). One (I) root drench of Merit par labeled instructions in late November/early December as a preventive measure. Medjool, Zaheedi Date Palms: Apply a root drench two (2) times a year. ofa 50/50 mix of Clearys #26019 and Alliete per labeled instructions. The first application to be done in March and the second application in November. Additional applications are to be done on an as needed basis. 4.5.9 Application of Herbicides Contractor may apply various herbicides by means of spray type devices to aid in the control of unwanted weeds and vegetation. All applications shall be performed by personsholding a valid herbicide application license as issued by the State of Florida and shall be done in accordance with the herbicide manufacturer's recommended rates and all applicable Federal. State. County and Municipal regulations. Herbicides may be used only with prior approval by the City as to type location, and method of application. 4.5.9.1 The Contractor shall exercise extreme care so as not to over spray and effect areas not intended for treatment. Areas adversely affected by such over spray shall be restored by the Contractor at his expense. 4.5.9.2 The Contractor shall advise the Project Manager within four (4) days after disease or insect infestation is found. He shall identify the disease or insect and recommend control measures to be taken. and, upon approval of the Project Manager. the Contractor shall supply and implement the approved control measures, exercising extreme caution in application of all spray material. dusts or other materials utilized. Approved control measures shall be continued until the disease, or insect is controlled to the satisfaction of the Project Manager. 4.5.9.3 When a chemical is being applied, the person using it shall have in their possession all labeling associated with the chemical. Also. the chemical shall be applied as indicated on the said labeling. A specimen label and the Material Safety Data Sheet for each product shall be supplied to the City. 4.5.9.4 All insecticides shall be applied by an operator licensed pursuant to Chapter 487 of the Florida Statutes. The operator shall have the license/certification in his or her possession when insecticides are being applied. The implementation of control measures for pests and disease infestations shall be in strict compliance with all federal and local regulations. Upon request. the Contractor shall furnish documentation of such compliance. 4.5.9.5 The spraying of insecticides and other such chemicals are to be confmed to the individual plant. Spraying techniques which may introduce the material being sprayed beyond the immediate area of the individual plant are strictly prohibited. Bid # 82-98/99 Date Issued: 6/18/99 City of Miami Beach , 35 4.5.9.6 Spray or dust material on foliage only during calm days. Do not apply when leaves are wet. when rain is expected within 3-4 hours after spraying, or when temperatures exceed 88 degrees Fahrenheit. . Spray at times when traffic is lightest (i.e., early mornings or weekends). Use a spreader-sticker to aid in adherence and absorption of the material. Wash material off of pavements and buildings immediately after applying. 4.5.9.7 The Contractor shall utilize all safeguards necessary during disease or insect control operations to ensure safety to the public and the employees of the Contractor. 4.5.9.8 Copies of Current Material Safety Data Sheets (MSDS) for all chemicals used for pest control under this Contract shall be provided to the Project Manager before the use of said chemicals. 4.5.10 Verticutting, Aeration and Topdressing N/A 4.5.11 Turf Renovations Turf renovations may be required if conditions warrant such a procedure and will be an extra charge. Conditions which warrant renovation include, areas thinned out or damaged turf resulting from natural burnout, traffic. and any area which has area becomes unsightly. Proper watering, fertilization and pest management will be critical during and after renovation. Any irrigation damaged because of turf renovation will be repaired at Contractor's expense. 4.5.12 Irrigation System Maintenance and Watering Contractor will be responsible for the operation and maintenance of the automatic/ manual irrigation systems and for setting and adjusting the timer to insure proper watering of all plant material in the landscape. Contractor will be responsible under this agreement for the labor and supervision to make irrigation repairs to the lateral line, risers and sprinkler heads up to one inch (I ") in diameter as required to keep the system operating. Major repairs to main lines, valves, pumps and in-take piping shall be reimbursed by the City. Reimbursable repair work shall require authorization by the City prior to commencement. Prior to commencement of the maintenance program, the Contractor shall have twenty-five (25) days from start of contract to inspect the irrigation system and report present damage or incorrect operation and coverage to the City. The Contractor will be responsible for the integrity of the system after this initial inspection report and subsequent repairs. The timers shall be checked once a week and as may be required. The Contractor will also, at least once a month, fully operate all the irrigation zones and replace, repair or clean all irrigation heads, lines. valves, valve boxes, filters and controllers as needed. Any equipment damaged by the Contractor's operation shall be replaced with the same equipment and by the same manufacturer. The irrigation shall be capable of providing 1- 1/2" of water to all lawns and shrub beds each week or as often as required to provide for a uniform lush green landscape appearance. System shall be adjusted during the various seasons. The Contractor shall be required to make all repairs within a minimum 24 hour time period or sooner as directed by the City's representative. Any form of damage to the irrigation system must be reported to the City's representative Bid # 82-98/99 Date Issued: 6/18199 City or Miami Bea.b / 36 immediately upon discovery. Irrigate as necessary during of little or no rainfall using the automatic irrigation system and any supplemental watering necessary to apply proper amount of water to keep the plant material in optimum health. Supplemental watering may require a large portable water tank, impact sprinklers. and additional hose to be supplied by Contractor. A written irrigation schedule will be provided by the Contractor and any operation of irrigation outside the previously approved scheduled time must have the advance approval of the City. Contractor shall be responsible for controlling the amount of water used for irrigation and any damage that results from over-watering or insufficient watering shall be the responsibility of the Contractor. 4.5.13 Watering During periods when the irrigation system is not operational, either due to breakdown of the system, or an extended electric power failure. it shall be the responsibility of the Contractor. 4.5.13.1 Supply of water suitable for irrigation shall be the Client's responsibility. Distribution of the water to the plants shall be the responsibility of the Contractor. Contractor shall use hand watering, water trucks, portable pumps. etc. as required to distribute the water. 4.5.13.2 Apply water in quantities and at intervals necessary to maintain the plants in a healthy growing condition. 4.5.14 Irrigation System Shall be constantly maintained and adjusted to insure that no water from the system hits the road surface. 4.5.15 Mulching Beds 4.5.15.1 Reolenish mulch in shrub beds as required to cover areas 2fbare ~ especially at the edge of the bed and in places where the shrub canopy has not grown together to shade the soil. Add mulch around tree trunks in sod areas. Mulch shall be applied twice per year and as required to maintain a constant three (3) inches thickness. .QQ l1ll! pile against tree trunks and shrub stems. 4.5.15.2 Use Shredded Cyprus Mulch. 4.5.16 Sand Removal I Policing: Cleaning of debris within the confines of the parks by blowing, sweeping, or vacuuming or other means must be performed as required to keep paved, bricked or concrete surfaces clean and neat at all times. 4.5.17 Skinned Areas N/A 4.5.17.1 Daily on Non-Game Days: N/A 4.5.17.2 Daily on Game Days: N/A Bid 1# 82-98/99 Dale Issued: 6/18/99 City of Miami Beacb .' 37 4.5.18 Frequency of Services Frequencies for the sites and services described herein are based upon nonnal circumstances. Individual, several and/or all services to a site or sites may be added at an agreed upon price, or deleted due to natural disaster, excessive rain, disease, drought, fire, vandalism. accident, insufficient funds and/or any other reason at the sole discretion of the Owner. 4.6 PERFORMANCE CONTROL AND INSPECTIONS 4.6.1 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. 4.6.2 Maintenance Standards, Frequencies, Work Method All work shall be perfonned in accordance with the highest professional maintenance standards and horticultural techniques. Frequencies set for certain repetitive maintenance functions and tasks in specifications are minimum frequencies, which must 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 of Parks. The Contractor shall have the exclusive duty, right, and privilege to perfonn Grounds Maintenance and Services, as specified herein. 4.6.3 Inspections 4.6.3. I The Contractor's Representative shan perfonn maintenance inspections daily during daylight hours of all sites assigned for the day. Inspections by City of Miami Beach Parks Personnel shan provide continuing inspection of the sites to insure adequacy of maintenance and that methods of perfonning the work are in compliance with these specifications. Discrepancies and deficiencies in the work shan 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. 4.6.3.2 The City of Miami Beach Project Manager and the Contractors Representatives shan meet on the sites once a month, or more frequently at the discretion of the Project Manager, for a walk-through inspection. The meeting shan be at the convenience of the City of Miami Beach. An on-going maintenance functions shall be completed prior to this meeting. 4.6.4 Deficiency Notices and Liquidated Damages If the City of Miami Beach Purchasing Agent detennines that there are deficiencies in the perfonnance 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 detennined 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 donars ($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. Bid II 82-98199 Date Issued: 6/18199 City of Miami Beach / 38 4.6.5 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 Recreation. Culture and Parks 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. 4.6.6 Quality Control - Performance Reports The Contractor shall submit to the City Project Manager a report of his performance for the preceding month. under terms of the Contract. These reports shall be postmarked no later than the fifth (5 Th) day of each month following the month in which services were performed. Failure to do so shall result in delay of payment until this requirement is fulfilled. Forms for performance reporting shall be provided by the City 4.7 SCHEDULING 4.7.1 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. 4.7.2 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. 4.7.3 All work shall be scheduled and completed in a continuous manner, that is, "ther than a holiday or non- work day in order to maintain the site in a uniform manner. 4.7.4 Contractor shall not work or perform any operations during inclement weather which may destroy or damage landscaped areas. 4.7.5 Contractor shall recognize that during the course of the Contract, other activities and operations may be conducted by City work forces and other Contractors. 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. 4.7.6 Contractor shall, during the hours and days of operation. respond to all emergencies within two (2) hours. 4.7.7 Contractor shall have completed all Landscape Maintenance functions prior to the scheduled maintenance inspection. 4.7.8 Landscape Maintenance Schedules Contractor shall provide work schedules for each site which shall be submitted to the Project Manager Bid # 82-98199 Date Issued: 6/18199 Cily oCMiami Beacb , 39 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 perfonnance 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. 4.8 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 perfonned 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 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. 4.9 BID SUBMITTAL In addition to the documentation and information requested herein, the Bidders shall submit the following information with their bid: 4.9.1 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.; *Vears 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. 4.9.2 Personnel - Provide an organizational chart of entire structure that is proposed to service account; * Provide resumes of key management personnel; * List job descriptions for all positions in the organization described in # 1 above; Bid /I 82-98/99 Date Issued: 6/18/99 City of Miami Bea<h 40 4.9.6 4.9.7 4.9.8 4.9.9 4.9.10 Bid II 82-98199 Date Is.ued: 6/18199 City of Miami Beaeb * Include description of proposed unifonns; * Provide your overall employee policy and training program; * Provide outline of safety program. 4.9.3 Turf Maintenance · List proposed fertilizer type and rate for each turf type and other specific nutrient additives; * List proposed application schedule (annual basis); * Describe proposed mowing schedule and procedures; * Describe proposed preventative pest management program. 4.9.4 Skinned Area Maintenance N/A 4.9.5 Tree and Palm Maintenance Program · Provide type(s) of fertilizer and rates proposed for general use, and other specific nutrient additives; * List proposed application schedule (annual basis); * Describe proposed pruning schedule and procedures; * Describe proposed preventative pest management program. Shrub and Ground Cover Maintenance Program · Provide type(s) of fertilizer and rates proposed for general use, and other specific nutrient additives; * List proposed application schedule (annual basis) * Describe proposed pruning schedule and procedures; * Describe proposed preventative pest management program. Irrigation Maintenance Program · Describe preventative maintenance program. Equipment Specifications · List all tools, equipment (including manufacturer) and quantities of each type that be proposed to perfonn maintenance. Bidder's Supplement · Copies of all applicable licenses, penn its, etc. required perfonn the services; * List of clients with specialty turf types the bidder currently has, along with contact infonnation; *Miscellaneous Infonnation - this section of the proposal should include any additional infonnation about the services or bidder that is not addressed elsewhere in the proposal. Schedule of Values (attached pages 45-49) / / 41 THREE YEAR CONTRACT FOR PROVIDING GROUNDS MAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS BID #82-98/99 BID FORM We propose to furnish aJllabor, tools, equipment, transportation, pennits, licenses, services and incidentals necessary in order to provide Grounds Maintenance for the City of Miami Beach, in accordance with Bid Specifications, as follows: Item # Project Description Total Price, Per Month I Normandy Dive $ 2 Seventy First (71) Street $ 3 Collins Avenue $ 4 Ocean Terrace $ 5 Calais Drive (Streetscape) $ Bid N 82-98/99 Date Issued: 6/18/99 City of Miami Beach / 42 THREE YEAR CONTRACT FOR PROVIDlNG GROUNDS MAlNTENANCE SERVlCE WITH AN OPTlON TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS BID #82-98/99 Labor Rates ( for Work other than specified herein, at the direction of the City) [tern # Job Classification Hourly Rate 5 Hourly rate per Contractor Regular time: $ Representative Overtime: $ 6 Hourly rate per Regular time: $ LaborerlGroundskeeper Overtime: $ 7 Hourly rate per Irrigation Regular time: $ Technician Overtime: $ 8 Hourly rate per Large Equipment Regular time: $ Operator Overtime: $ 9 Hourly rate per Regular time: $ SupervisorlForeman Overtime: $ 10 Hourly rate per Climber Regular time: $ Overtime: $ II Hourly rate per Certified Arborist Regular time: $ Overtime: $ 12 Hourly rate per Pest Control Regular time: $ Technician Overtime: $ Materials ( for Materials not specified herein, to be installed at the direction of the City) [tern # Description Unit Price Installed 13 St. Augustine Sod $ Ipallet 14 Shredded Cypress Mulch $ Icubic yard IS Seasonal Color $ leach 16 For all other materials not specified, Contractor shall Curnish at % _ % above vendor cost Bid /I 82-98199 Dale luued: 6/18199 City of Miami Beach , 43 THREE YEAR CONTRACT FOR PROVIDING GROUNDS MAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS BID #82-98/99 ADDENDUM ACKNOWLEDGMENT ADDENDUM DATED SIGNATURE OF PERSON SIGNING BID No. No. Bidder's Dade County Certificate of Competency No: Expiration Date: ANY LEllt;RS, ATl'ACHMENTS, OR ADDmONAL INFORMATION TO BE CONSIDERED PART OF THE PROPOSAL MUST BE SUBMITfED IN DUPLICATE. SUBMITfED BY: COMPANY NAME: SIGNED: (I certify that I am authorized to execute this proposal and commit the bidding firm) NAMEITITLE(Print): ADDRESS: CITY/STATE: ZIP: TELEPHONE NO: FACSIMILE NO: Bid # 82-98/99 Dale Issued: 6/18/99 City of Miami Beacb , , 44 SCHEDULE OF VALUES Item #1 Normandy Drive SERVICE UNIT PRICE TIMES PER YEAR TOTAL St. Augustine turf mowing $ 36 $ Grass Trimming and Edging $ 36 $ Shrub Pruning $ 12 $ Ground cover Pruning $ 12 $ Tree and Palm Pruning $ 1 $ Weed Control $ 36 $ Litter Control $ 208 $ St. Augustine turf $ 4 $ fertilization Shrubs and Groundcover $ 3 $ Beds fertilization Tree and Palm fertilization $ 2 $ Mulching $ 2 $ Bid # 8%-98/99 Date Issued: 6/18199 City of Miami Beaeh , 45 SCHEDULE OF VALUES Item #2 Seventy First (71) Street SERVICE UNIT TIMES PER YEAR TOTAL PRICE St. Augustine turf mowing $ 36 $ Grass Trimming and Edging $ 36 $ Shrub Pruning $ 12 $ Ground cover Pruning $ 12 $ Tree and Palm Pruning $ I $ Weed Control $ 36 $ Litter Control $ 208 $ St. Augustine turf $ 4 $ fertilization Shrubs and Groundcover $ 3 $ Beds fertilization Tree and Palm fertilization $ 2 $ Mulching $ 2 $ Bid # 82-98/99 Dat. luued: 6/18/99 City of Miami Beach / 46 SCHEDULE OF VALUES Item #3 Collins Avenue . SERVICE UNIT PRICE TIMES PER YEAR TOTAL St. Augustine turf mowing $ 36 $ Grass Trimming and Edging $ 36 $ Shrub Pruning $ 12 $ Ground cover Pruning $ 12 $ Tree and Palm Pruning $ 1 $ Weed Control $ 36 $ Litter Control $ 208 $ St. Augustine turf $ 4 $ fertilization Shrubs and Groundcover $ 3 $ Beds fertilization Tree and Palm fertilization $ 2 $ Mulching $ 2 $ Bid # 82-98/99 Date Issued: 6/18199 Cily of Miami Beach / / 47 SCHEDULE OF VALUES Item #4 Ocean Terrace SERVICE UNIT PRICE TIMES PER YEAR TOTAL St. Augustine turf mowing $ 36 $ Grass Trimming and Edging $ 36 $ Shrub Pruning $ 12 $ Ground cover Pruning $ 12 $ Tree and Palm Pruning $ 1 $ Weed Control $ 36 $ Litter Control $ 208 $ St. Augustine turf $ 4 $ fertilization Shrubs and Groundcover $ 3 $ Beds fertilization Tree and Palm fertilization $ 2 $ Mulching $ 2 $ Bid 1# U-98199 Date Issued: 6/18199 City oCMlami Beacb , 48 SCHEDULE OF VALUES Item #S Calais Drive (Streetscape) SERVICE UNIT PRICE TIMES PER YEAR TOTAL St. Augustine turf mowing $ 36 $ Grass Trimming and Edging $ 36 $ Shrub Pruning $ 12 $ Ground cover Pruning $ 12 $ Tree and Palm Pruning $ I $ Weed Control $ 36 $ Litter Control $ 208 $ St. Augustine turf $ 4 $ fertilization Shrubs and Groundcover $ 3 $ Beds fertilization Tree and Palm fertilization $ 2 $ Mulching $ 2 $ Bid # 82-98/99 Date (uued: 6/18/99 City of Miami Beach , 49 THREE YEAR CONTRACT FOR PROVIDING GROUNDS MAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS BID #82-98/99 BID CHECK LIST To ensure that your bid is submitted in confonnance with the Contract Documents, please verifY that the following items have b Iddb'd 'd een complete an su m Itte as reqUire . X Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.31 X Execution of Bid General Conditions Section 1.2 EquivalentsIEqual Product General Condition Section 1.10 Special Conditions Section 2.32 X Insurance and Indemnification (including Insurance Checklist) General Condition Section 1.34 Special Conditions Section 2.9 Samples General Condition Section 1.14 Special Conditions Section 2.12 X BidlPerformance Bond General Condition Section 1.35 Special Conditions Section 2.16 X Warranty Special Conditions Section 2.23 Product/Catalog Information Special Conditions Section 2.24 X References Special Conditions Section 2.25 X Bidder Qualifications Special Conditions Section 2.28 X Exceptions to Specifications Special Conditions Section 2.30 X Supplemental Information Technical Specifications Section 4.9 Bid 1# 82-98/99 Date bsued: 6/18/99 City of Miami Beach / 50 CONTRACTOR'S OUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By Principal Office How many years has your organization been in business as a Contractor under your present business name? Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? State of Florida occupational license - state type and number: Dade County certificate of competency - state type and number: City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a Contractor (B) As a Sub-Contractor (C) What contracts has your organization completed? Contract Amt Class of Work When Completed Name/Address of Owner 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? If so, where and why? Bid /I 82-98199 Dale Issued: 6/18/99 City of Miami Beach , 51 Has any officer or partner of your organization ever failed to complete a contract handled in his own name? If so, state name of individual, name of owner, and reason thereof In what other lines of business are you financially interested or engaged? Give references as to experit:nce, ability, and financial standing What equipment do you own that IS available for the proposed work and where located? Financial Statement What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? I HEREBY CERTIFY that the above answers are true and correct. (SEAL) (SEAL) Bid 1# 82-98/99 Dat. Issued: 6118199 City of Miami Beach ~ 52 CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of four (4) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 1) Company Name Address Contact Person Telephone Number 2) Company Name Address Contact Person Telephone Number 3) Company Name Address Contact Person Telephone Number 4) Company Name Address Contact Person Telephone Number Bid 1# 81-98199 Date Issued: 6/18199 City of Miami Beacb , 53 PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA ) ss COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we, as Principal, hereinafter called Contractor, and as Surety, are firmly bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of Dollars ($ ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor, on the _ day of , 19_, entered into a certain contract with the City, hereto attached, for BID NO. 82-98/99, Entitled, Three Year Contract for Providing Grounds Maintenance Service with an Option to Renew for Three Years on a Year to Year Basis 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, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in default under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: I. Complete the Contract in accordance with its terms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the contractor. Bid 1# 82-98/99 Date Issued: 6/18199 City of Miami Beach / 54 No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and against any and all liability, loss, cost, damage or expense, including reasonable attorneys fees, engineering and architectural fees or other professional services which the City may incur or which may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and performance of said Contract by the Contractor. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furnished according to the terms 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 1# 82-98/99 Date Issued: 6/18/99 City orMiami Beach / 55 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of , 19 WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIP AL (If Corporation) (Corporate Name) BY (President) Attest: (Secretary) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner By: Attorney-in-fact (power of Attorney must be attached) Bid # 82-98199 Date Issued: 6/18/99 City or Miami Beacb , , 56 CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary Corporate Seal STATE OF FLORIDA) 55 COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of , 19 A.D. (Attach Power of Attorney) Notary Public State of Florida- at-Large My Commission Expires: Bid 1# 82-98/99 Date Issued: 6/18/99 City or Miami Beach , 57 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) BY THIS BOND, We, as Principal, and as corporation, as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein called City, in the sum of$ for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the City sustains in enforcement nfthis bond. Performs the guarantee of all labor and materials furnished under the contract for the time specified in the contract, then this bond is void, otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated reference. between the City and Principal is made a part of this Bond by Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation provisions which must be strictly complied with. Bid # 82-98199 Dat. luued: 6/18199 City or Miami B.aob / 58 IN WITNESS WHEREOF;' the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of , 19 WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest: (Secretary) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner By: Attorney-in-fact (Power of Attorney must be attached) Bid II 82-98/99 Date luued: 6/18/99 City of Miami Beach , S9 CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Corporate Seal Secretary STATE OF FLORIDA) 55 COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney in Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of ,19_A.D. (Attach Power of Attorney) Notary Public State of Florida-at-Large My commission Expires: Bid II 82-98199 Dale Issued: 6/18199 City of Miami Be.eh , 60 ORDINANCE NO. 99-3 l64 AN ORDINA.L'ICE OF THE MA YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ESTABLISHING A "CONE Of SILENCE" FOR CITY COiHPETITIVE BIDDING PROCESSES, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MfAMI BEACH ENTITLED "ADMINISTR<\TION," BY AMENDING ARTICLE "11 THEREOF ENTITLED "ST.-\l'WARDS OF CONDUCT," BYCREA TING DIVISION 4 ENTITLED "PROCUREMENT," BY CREATING SECTION 2-486 ENTITLED "CONE OF SILENCE" BY PROVIDING FOR A DEFI::,{ITION, PROCEDURES, AND PENALTIES; PROV1DING FOR REPEALER, SEVERU3ILITY, INCLUSION IN THE CITY CODE, Ai'll> AN EFFECTIVE DATE. WHEREAS, the Mavor and City Commission of the City of Miami Beach are desirous of '. . adopting a "Cone of Silence.' procedure to protect the professional integrity of the City's competitive bidding process by shielding the City's professional staff; and \VHEREAS, the policy proposed herein recognizes the importance of requiring persons or bUSinesses who are part of the City's competitive processes to disclose all communications v"ith the City's professional staff; and \VHEREAS, communications between elected officials and the City's appointed staff during a Competitive bidding process should be in ",;Titing so that it becomes a part of the public record; and WHEREAS, the proposed policy protects the rights of individuals to petition their government and their elected ofricials; and \VHEREAS, the policy proposed herein enhances the spirit of Florida's Government in the' SunShine Law. , , , NOW. THEREFORE. BE rT ORDAri'iEO BY THE i\'r.-\ 'lOR A.~'D CITy COMI\HSSfO:\' OF THE CITY OF MIAI\irr BEACH: . SECTTO!~' r. S-=~cion 2--126. of Division -I of Articl.: vrr of Chapc.:r .2 of ch.: Miami B<:ach Cicy Code is hereb~' -:re:J.ced co re:J.d:J.S to1!ows: .-\rticle nr. St:1nd:1rds of Conduct Oi vision 4 Proc::remenc * ~ Sec. 1--186. Cone of Silence L oncracts tor the rovi ion of o-oods and services other chan audic aMC ;..-:c:;;e;. c<:..t n' S ' 1.. -=. C.,,'lr ...J~...cJr C<::'I,..11 rrrSrC) contracts. la1 ~~G ili2 Procedure (i) A Cone of Silence shall be imoosed UDon each RFP. RFO. RFU. a.'1d bid after the adverrisement of said RFP. RFO. RFU or bid. At the time of imoosition of the Cone ofSiJence. the Cirv ManalZer or his or her desio-nee shall orovide for public notice of the Cone of Silence. The Cit" ManalZer shall include in an" aublic solicitation for ~oods and services a sratemem disdosinlZ the reouirements of this ordinance. @ The Cone ofSi!ence shall terminate a) at the time the Cit" ManalZer makes his or her wricren recommendation as to selection of a . 2 , .:.ll1icul:u RFP R Fn R r r nr hid tn the (irv C":nmmis. ion: .rovided however thar it' the Cir', (~nmmission ret~rs rhe l\fJna"er's r;.'commend:ltinn had: [,) [he (-Irv \(an:l"e:r nr rarT" t' r ti.lrrh~r revie\~ (he Cn(1e nr' ,-ilence sh:!/1 he reim n,ed Ilnti! such rime: as rhe .\I:lna"<::[ makes :1 ,uh,er uenr \\rirren rt:cnmmend:!rion. or h) in the -:\ <::n( or' cnnrr:!crs riJr les:; rhan ..:; II)I)I)I)I)(). when the Citv :\rana<>er .. <::\ecutes the contmcr. , q .:\ce:'rinns. The nmVlSlons nt' rhis ordin:lnce shall nor armlv to oral C,)~~uniC:!tinns :1t ore.hid con r~rences. or:l1 Dresentations bdore '.::~_,:.", e':aluation committ~<::s. contr:!ct ..-..:..:~::,,,.J discussions durin" an\' dulv n,'cicd DlIhlic meetin". uhlic oresentations made to the (if v Commissioners .:urin" .In.: aul': nmiced ounl ic meerin". conrr:!cr ne<7oriarions wirh Cirv sraff (;)I!o\\';n.' rhe award or'QIl RFP. RFO. RFlL or bid bv rhe (irv Commission. ," c.)~~lInic.::!rions in ,v!'ieinO' ilt an'," cime wirh anv Cirv em lovee. official or ~emner ,Jr' [he Cit., Commissir)n. unless ,Decific;],llv "mhihited hv the .lDciic.::!ole RFP. RFn. RF [ nr bid documents. The bidder or ro er shal (:ie J coov or'anv '''TiITen communic:uions with the Cirv Clerk. The Citv Cieri.: shall make cooies available [() anv oerson 'loon reauest. ~ A~:6: .:.....: ~:'S~~ CtJnt:Jcrs W "Cone ",' -ilence" is herebv ddined to meQIl a rohibition on: (a) anv c"':mu<1lcJtions re'1JrdinO' J oan:icular RFP. RFO. RFU. or bid berween a !eoceneial vendor. se"ice orovider bidder. lobbvist. or consulram and the '- (o.vor. Citv Commissioners or their resoecrive staffs. and anv member of the C:....s :Jr)r"es ional -t;],tfincludina bur nor !imired to the crrv Manacrerand his '''r her tarr. and (b) anv oro.l communicarion re.yardincr a an:icula P R...=(). RFU. or bid berween the Ma~'or. Cir'! Commissioners or their res::,e::rive srarrs and an" member 0 r" the Cit,,' 5 !Jrot~ssional staff includin!2". ~'-.::::or limired ro. the Cirv ManaO'er and his or her sraff ","ot',~irhsLandin!2" rhe r~)re2oinO'. :he Cone or Silence shall not Jrm!v to communic;],rions ,"'-Tth the Cit., Attor.Je'l and his or her starr. (::'1 Exce::n as crovided in subsecrions 2rc) and Ird) hereof. a Cone of Silence sh.1!' be iIT!nosed uoon eo.ch RF? RFO. RFU. or bid for audir ':',.C ~:'sr: sei:ices a ~er rhe o.dverti -emem f aid RFP. RFn. r. r bid. .~.rthe time 'r :I~e imc0sitlon or the one or- ile:1ce. rhe itv :'v[anaO'er or his or her ..:es:~nee sh::.il oravide tar rhe out-iic notice or-the Cone or-Silence. The Cone oi'Silence shall ce:min.J.te o.;.c" .:._ c::-: \~-,,_z_. -,_~_r_~ _ ~_"":__I_, __.::::: , 0""'"'6 ) h' h C. '[ k h' h 'IT '.. -. ~ ~ ....,"q~~'-....~ -1 a[ L e LIme: ~ tC""/ :v ana2'er ma....es IS or ler "\iTl ~n re::ommertdation as to rhe sefecrion ora t:'articubr RFP. RFO. RFU. or bid :0 the Ci",' Commission: oro,,.ided. however. rhat if me Citv Commissiorl refer the Manaqer's recommendarion back to rhe Citv iVfanaO'er or taff or. .) rilr7h<:r r~vi<:w. th~ (~on~ of Si '~nce ,h::111 he reim o. ed unci' . lich time ns the \L1I1J"er mJk~:i;J, 'uhse I lent written recnmmencbti n or h) or in the eVent ,'f (,1I1trJ(:., t()r less than -/ n.iJnn on. when the ("it'\,' Mnnaoer execute the c:nntiJct. '..2 \i,Jrhin" C<1ntJind h~rein ,hJ/I hidd~r or m oser: Ii) trom mJkirw ouhlic nresenr.1tions at dulv I1lJticed re.hid COn ferences or betore duh' noric<:d ;':;~~::'}l' eV:1/uarion commitre:: meetinos: (ii) fmm enU'noin<r in (nn[,:)(r .~~ . ::_::'~I d discussions duri n" ;mv dulv noticed uhl ic m.e::tino: (iii') i-OI11 er;'-J.'in" in comrJcr neC!()[iJtions \\ith (itv sraff tollowincr the award of .In R=-P RFn. RFU or hid 61r audit hv th~ (it'\,' (ommission:or (iv) trom ("m~l!n:CJtin'l in writin<r wirh onv Citv emolovee or official tor au 0 e of ,;<:e:,:n" clJr;fic:Hinn or Jddit;onJI intimnation trom rhe irv or res ondinU' l" the (i[v's re uest tor clarifiC:Hion 0r Jdditional intormarion. suhiecr to the ~riwisi"ns ,)r',he JDoliC::lhle RFP () RFU. or hid documents. The bidder M ;"lmooser shall tile J co v .)1' ::In v written communicarion wirh rhe Cirv Cle~:.; The Cir: Clerk ,ha/l m.::lk<e cor.i<es aVJil::lbie ro rhe crenera! ublic Uoon leau~sl. (,:) \,'orhin~ conrJined herein sh.::lJI ronibir anv lohfwisr. hidder. nro 0 er. or ,'rh;e~ '-'e~,on 'or <emirv ['rom "uhliclv addressinrr rhe Cirv Commissioners curin.,. Jnv dulv noric<ed aublic m.eetin.:r reO"ardincr action on JnV audit ~ F':=:~;; Ct'l1trJc:. The irv,'vfJn ".er ,hJII include in :mv ublic solicitarion for Judirincr , services a stJrement disclosincr the reauirements oft 's ordinJI1c:e. _.J. Violations/Pen~.I",,'es and Proc,.dures. r _,... t. I . " .I' <' .' - - ~" .-........::u...,F.. '.\J ~.."'" ;;c.._..t......J ~ra~.I'-.::.....lJ..1.....'''''..~Cri :: . .--.. . 311eed violation of chis Section:: ~ 8,~ bv a oanicular bidder or or OSe:- shall subi.ecr said bidder or oraooser ro the same procedures set forth in Sections ~ '--'''') d (~ h . Lf d b'd ' '-)".:.3:1 ').s,.aHrenderanvRFPa.,vard. R".1:'()awara. awar .or I awara 10 said bidder or orooos<er void~. and said bidde:- or mOOSer haH not be considered ror anv P. Lf or bid f( r a contract for the r vision : O'oods or services for a nenod of one vear. Anv oer on v.rho violates a orovision or this ordinance shall b<e orahibited from servincr on a Cirv CO!"F.:;c;::t::_ c~~~t:dr, eva uation committee. fn o.ddition co anv other :Jenaltv oravided bv law. vi larion f anv ,,"r"]':;,;on nr ':':3 '-)r,:iir::.~--:e b':.:! Cir': <e:-n~io'::ee "i;aii 'uiJiecr said em"'io\;ee co disci"'iinar: acrion u to and includinO" di~missa1. .-\dditionall'\,'. anv oerson who has cersonai. r!Owie:ize or",:! ';ioiation ot'chis ordinanc<e shall ,eoort such violation co rhe Stare .... [to me'.' Jr:Cor mo.': [ile :l cOr7"::-lair!c with rhe Miami-I ade Count-: r-rhics Commission. r .,. SECTTO"f:2. REPEALER. Thac all Ordinances or parts of Ordinances in contlict herewich be and che same are hereby repealed. SECTTO,'" 3. SEVER.-\BrUTY. [f any seccion. subseccion. clause or provision of chis Ordinance is held invalid. che remainder shall nO( be Jffec,d by such invalidicy. SECTTON 4. COOTFTC.-\TTON. it is he:-eby ordained chac the arovisions of ,:::5 ordinance shall become and be made a part ofche [c is che intention ofche Mavor and City Commission ofche City of Miami Beach, and '. . Code of che Ciry of Miami Beach, Florida. The sections of chis ordinance may be renumbered or relettered Co accomplish such intencion. and the word "ordinance" may be changed co "section", "article," or ocher appropriate Word. SECTION' 5. EFFECTTv"E DATE. Tnis Ordinance shall take effect on the 16ch day of January .1999. PASSED and ADOPTED chis ~ day of January .1999. ~{ f~cL- fit; 1;/ /1 fir MAYOR ATTEST: CITY CLERK. "'-.~r."I.T'I'~"...u.."''''''I,'''''l.",-._,.. APPROVED AS TO FORM & lAJ~GUAGE & FOR EXECUTION Isc reading 12/16/98 2nd reading 1/6/99 , , 5 1f;JJ11tjk Ciloy Alfo~ y /,1.{9 ~ n-r-: Jul-26-99 09:55A Everglades Env;ronmental 954 430 2747 P_03 PERFORMANCE BOND Bond#MB0542 (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) ST ATE OF FLORIDA ) SS COU:-.rTY OF ) KNOW ALL MEN BY THESE PRESENTS that we, Everglades Environmental Care, Inc. as Principal, hereinafter called Contractor, and Contractors BondinS! Ins. Co. as Surety, are firmly bound unto the City of Miami Beach, Florida. as Obligee. hereinafter called the City, in the Penal sum of $188,350 Dollars ($ 188,350 ). for the payment ofwruch sum well and truly to be made, wc bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor, on the -2.L day of July , 19~, entered into a certain contract with the City, hereto attached, for DID NO. 82-98/99, Entitled, Three Year Contract for Providing Grounds Maintenance Service with an Option to Rcnew for Three Years on a Year to Year Basis 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, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in default under the Contract, or whenever the Contract has been tenninated by default oCthe Contractor, the City having performed the City's obligations thereunder, the Surely shall: 1. Complete the Conlract in accordance with its tems 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 tems 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 tirst paragraph hereof. The tenn "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the contractor. . Bid. 81."'" D.'e tn.eol: "11/99 elly orMlalll1 ....h 54 Jul-26-99 09:55A EVQrgladQs Environmental 954 430 2747 P.04 No right of ;]ction shall accrue on this Bond to or for the use of any person or cOl1lornrion other than the City named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnity the City and hold it harmless of. from arid against any and allliabilily. 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 pm of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and performance of said C()ntract by the Contractor. This Bond shall remain in full torce and effect for such period or periods of time alter the date of acceptance of the projo=ct by the City as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furnished according to the terms of the Contract Documents. If no sped fie 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 tinal 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. U.,lII99 Dor. Iu.ed; "18199 01)' or Mi..llleacb 55 Jul-26-99 09:SSA EVQrglades Env;ronmental 954 430 2747 P.OS IN WITNESS WHEREOF. the above bounded parties have caused this Bond to be executed by their . appropriate otlicials of the 29th day of July . 1999 WITNESS: PRlNCIP AL: (If sole Proprietor or partnership) (Finn Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: ~ cJJt- (Copy of Agcnt's current Licensc as issued by Statc of Florida InsuraDce Commissioner SURElY: Contractors Bonding Ins. Co. By: jJ). 0/1/YtiM flJllJjlA!:d... Attorney-in-fad W. Duran Brown (power of Attorney must be attached) Bid " .2-,..." Oall laMed: 6/1.", City or Mia.. Ilea... , , 56 Jul-2G-99 09:5GA Everglades Environmental 954 430 2747 P.OG CERTIFICATES AS TO CORPORATE PRINCIPAL AlL\(.:l~ertifY that r am the Secretary of the Corporation named as Principcl in the fore~ing bond; ~_ 'MrP -t-- who signed the said bond on behalf of the Principal. was then Gv Ur1>.tAIJ of said Corporation; that r 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. ~Ji~ Secretary Corporate Seal STATE OF FLORIDA) 55 COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the ContraCtor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of . 19_ A.D. (Attach Power of Attorney) Notary Public State of Florida-at-Large My Commission Expires: Bid II C.91m Da.. "noel: "III" ell)' or M1a..lllcacll , 57 J~1-26-99 09:56A Everglades Env;ronmental 954 430 2747 P.07 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) Bond#MB0542 BY THIS BOND. We, Everiilades Environmental Care, Inc. as Principal. and Contractors Bonding Ins. Co. as corporation, as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein C<lll.:d City. in the swn of $ 188,350 for the payment of which we bind ourselves. our heirs. personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is th<lt if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (I), Fla; Stat.. supplying Principal with labor, materials, Or supplies. used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the City sust<lins in enforcement of this bond. Pertonns the guarantee of all labor and materials furnished under the contract for the time specified in the contract. then this bond is void. otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a part . hercof for the purposes specified therein. The contract dated 7/29/99 reference. between the City and Principal is made a part oftrus Bond by Claimants an: <ldvised that Section 255.05, Fla. Stat., contains notice and time limitation provisions which must be strictly complied with. Bid II I:.''''' Dale baa"', 611"" ell)" or lI'll.mllk.... / S8 Jul-2G-99 09:5GA Ever9lades Env;ronmental 954 430 2747 P.os , IN WITNESS WHEREOF;' the above bounded parties have caused this Bond to be executed by their appropriate officials of the 29th day of T111)' . 19 qq WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (lfCorporation) c:u~~ OvIlI~..I~ ~~ (C orate Name) B ~. (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: ~}.~ 0 ~.}. (Copy of Agent's current License as issued by State of Florida Insurance Commissioner SURETY: Contractors Bondin~ Ins. Co By: /)), (j)/iJY tfM Id~ Attorney-in-fact W. Duran Brown (Power of Attorney must be attached) Bid " 82-98199 Dill I..ed: i/I"" City 01 MIa.i B..... , , S9 Jul-26-99 09:56A Everglades Environmental 954 430 2747 P.Og CERTIFICATES AS TO CORPORATE PRINCIPAL (, ])tV~ lIIeJ.L~certify that ( am the Secretary of the Corporation named as PrinCipal in the fOregOin~nd; thatAt;Olltj ~u. "-- who signcd the said bond on behalfofthc Principal, was thcn 6r-u i'tJe...N'J of said Corporation; that [ 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 ofits governing body. M~~~ Secretary /' Corporate Seal STATE OF FLORIDA) 58 COUNTY OF ) Before me, 11 Notary Public, duly commissioned, qualified and acting, personally appeared to me weIl known, who being by me tirst duly sworn upon oath, says that he is the Attorney in Fact, for the and that he has been authorized by to execute me foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida Subscribed and sworn before me this day of ,19 A.D. (Attach Power of Attorney) Notary Public State of Florida.at-Large My commission Expires: Bid . '2-"/99 O.le I_ed: "18l9t City or MI.... Beadl 60 07/29/99 11:03:09 (206) 682-1558-) CBIC Page 002 ."" ...:........, ...., ...... ........i>.,.,l~~W!:R~~:a~~er. i."'.i" .....: ...... .,:'. .""'"':'."".';,,.,, '. ..... ..oo'.flllACTdR$BONOINGMll)mSURAf!lQe;ooMPAt-{,(I~~eS~.~"OMlV:FOR THe$ONiHIEsCRiJeD~Nti1Jit'TQ.'i'HE'::". . '. . Aflt()UNTSErFOltnJIN: 1HSllMlTEDIIQWe.R 'QFAlTORNEY. ANY ERASlJRE' Wllt.:VOlPllflS POWEIlOF:l1T:O RNEYiIF:\'()U '.. . : HllIEAflY OOESTIOHSABQUl'ORWA.NT TOVERlfYll'\i$POWE~Of.' 1l1'l'OllNEY CAll CoMTRAl:'T.OM8QNOlNGANI>. . '.. .,......... ..... .... i ..I~~RANBi'C(l~VJOLFFR~E AT'1(a.~F~224a .. . .. .'" '. "';" . 5:~~~i~~~".F'W' ... -:..~;~'t. .."" "_~tPrlileipal,:. 'ev ERGLl\De s e K\fTROtiM.EN'!'AL .:CAREi. INC';' : ..:." :....: ..' . '.' ." ....:;;,.. . .N_oiOblljj86rC1TY-.OF.RJAMJ a.EAC.H.:' . .':" .... .-.,' . .....:" ....D8$orlPtlollls):.. 'BII}"ltO~ . 82-28:19'9' G.RaURDSM:AI'~t.tM.AN'dESER1/i.cts ....... "<'. """" '-";", . .~ ...-'.:..;.... ......:..-. RESOLVED IbM th, aut' Eucufive Oftlc:l" PrnIdtnI, Chief Flnanclll orrkltr, 8tftt8ty or any Vb PrHldtnI ot u.. Compeny ia ..'hortJld 10 lIppOInt Anorney./n-F8C:I tor anet on bIMI' ott".Oom..., wid! 11M pGWW' anaWlhOfly 10 "9' Oft beheI fA the Company 111011 aul9ty bonds or unctenatdnp c:I IUNtyanip wftlell mIY from lime bt approwecl by 1111 ~., ExtcUllM orftoH, PrttkIInt. otUIt FiMncill om_. StcrMary oren, VIol "'-eldtnt otthl Com,.ny; provtdtd, "owt\l.., thlt noA"~n-Fed "'.. bI IUthortad to lxec:ull and dellwerq bond or undlrtMtnglhat efl8llobltptl the Compenytor.., ponton d the penll sum 'her8Glln tlCCMI: 01$1$,000,000, end prowldlcl, Nitti<< thl!: noA.llomey.ln-Fad .... Nn IM.,lhorIty 10 1_. bid or P'.- bond for any protect....... It thl CClftIIllCt 1.lWa'CIId, any bond cr undtrlaldng would bel ......d wftlla penal..m II .IONS 01$15,000,000. An Anorney-trH=1Cl: may alllO tlIlUltlorIZIId by Powtr d At,orney to lucall any conaem or 0111.. doc.TI.." InctdtnlallO IIlIid bond or UlldtrUlIcIng. pRlWkIed IUch dOl:UmlfU doe. nO' obJIgIII1he Compeny In tlCI.. d Ih. 11m. SIC fOl1h Ibowe. In no...,.. ahaII any Anotl'Wfoln-Fact h.....IIIIY lIUlhorlt.y 10 . lilY CkNIUTllftt or ottMlwtll bind the Oompeny Nt any.... in OOllMcUon willi. dllm Oft ....rely bond or under1lldng. RESOlYEO FURTHER 1hII NCI'I POWIr 01 Anorney mu. _I'0Il11 lhl ~ dtlCl1pUon of 1111..., bond or undanlKlng to wttlch h IpplIH. lhe MmI 011". pttnc6pll, III.",,", oft. obIgM, Ill. pMIIun, I"'bond numDtrfalwlX far I btdbond whatlthtrllsnonllmbtr),1h1 idIn'lying nlllTlt)er of IhtAnomey.ln-FIICI,endItll icltnUfylng!1U1'11b<< oIlhe PoWIrot Anomev. TtI.AIICII'ftIIyofn-F8d:.... not btlClltlGl'lJld 10 oM_ ComplftY for 1M IIn1y bonct or unclNlaklng epecifttd in the Powr d Attorney (lftduclng any COMHl. or orh.. dDcumtnt1:lncidNllalto 1111 IUrtty bond or undtMldn~ for mn thin tht pII'I8I..m eplcifttd In the Powtr 01 A"orfIItW. RESOLVED FURTHER IhIe 1111 Ohitt ez.c..llw otftotr, Pl'ltldlnl, OIMlf Flnan* OM., SIcnl:ary or any Vl~ Ptalldtnt otthe Oompeny is IIIlIlCN1ZltCllo lIIIbllSh a IpKinCllphlion cIIlI for ttte POWIf' 01 Attorney and 10 modify that cIIH from IImt 10 tlmt ae lhe Chief Execum 0f'fIcIr, ~I, ChW FinlllCilI OffICltr, SIcnIary or any V1C1t Pl'I-eldInt of 11M Company dllml ntell..., In hi._lOtt ~; thlappUC8Ii"xplfltlon dill 10 be oIIerty. forth In any wrIfIIn Pow.- of A1tomey. RE9OI.VEDFURTHERN011 poooIauo-.oIIllo8_oIDna"""'oriJIn9,..a.we-.olltOlIkor,_a.w_lOlllool: "..,....,..lIIY__ct'..__'.""'olnIAlt-"> Flclforand 01 t:IlNIII dIM ~fImIIrI in tullIorCltanct"'d; and... r. Powtrol AnOfMy teIMI on lhtslMDlufton ...cftldto. bQ1d (for~ abld bol'lCIJ, Md. PGww dAttOfMybllldOlllOCllhlrBoltd ~ Diledn...autIClft l..u.oMcI toanatW bond ~aampIt, . perforrntnOl and ~I bono),. 8IMfI nOlIll'llClIIM 'WlII6dIy 0I",*, PowIrdAIIomIy or BoneL RESOLVED FURTHER lhal till Signlhlr.. ot In. P~e1de"l, Slcmary and Notary Pubic, and 11M 00fp0l1l11 and Notary ... ~ on illY UmIl1d POWItf of Anorney conl8inlng tlllund 1111 fCHtgOing "14i~lonIa'MI..lht Limlttct Powerot Anomer II." IftClllllr."".on, mlY be byflecinll.; and any auch Limned Power of ADem.,.... bI dterMdan ortgtn.. In llI....ct.. IMWInE.. WNEREOF, CONTMCI'OR8IKH1)WQ:AND IN8URA.NCE COMMN'f' Nt ....efl.....,.... to .....If., hftc.n. tncIlltoorpo,.."" ..be"".1I1dd 4/12./1999 :'Oft~~~' ~ OONTRACTOR. BONDING AND INlIURANOI! OOMPilNY STATE OFWASHlNGTON - COUNTY OF KING ~.... ."""-. .--.- ,~6 AllO I~' :......'1........ \ l' ...:..o~POIt,f;..... ~L :/1.4(; ~""J: f I?: SEAL ts\ ~~~ :..~ ~,"i:\ l~! , a... .~... '.,v~.....l1l79./.. "/ ""'04 ...... ,1:1"'-- "'" SIll" U ._--- .h".............- on 4/1 2/1 9 9 9 , personally app"8lI8TEVEN A. GAINES 10 m. known 10 be repr.....raUves oIth. corpomlon lIIar.XOCUlO(lrh. roregolng UmltO(l Pow<< cf Anorn....d .CknOWlllClgllCl.ld UmllllCl Pow<< 01 Anorney 10 be 1II.'rooandvolunraryaa and cl88d 0I88Iclcorponlllan, rOl'lh.u.....d purp0888th<<81n monUonOCl,andon <18th SIlIIllCl thallhey... aulllOlized 10.XOCUI.lh. 881d UmllllCl Pow... 01 Anorney. IN _ WHEREOF,I have h<<.,nlo 881 my hand and allllUld my oIIId81 8881111. day and ye MrllabOVe wrinon. -- MClU.YAoHUllll'lTH ~~~">..~ t --- -"- Nolllry Pub! In the _e of hlngtOll, _9 8Il ae&nle I ___'.M! \~ ) 1ll.und8r8l!JI0Cl,8CtIng unci<< authorttyollll. B<lerd oIOIroaOl'S 01 CONTRACTOIUI BONDING AND IlSURANCE COWAIW, h<<8by COlllft...asor In II., ct ConIlcat.oIlII.lI8cr-.y ct CONTRACTOIlB 8O-.c; AND IIlIURANCE CO_NY, lhallh. above and foregoing I. a rulI, lru. and COl'rllC! copy 01 the OItglnal Pow.. 01 Anorney loaullCl by oald ConIpany,and does h...8by lurth<< cor!Ily lhallh. 881d Pow<< 01 Attorney IS stili I" force and ,,"oct. GIVEN unci<< my hind, 8Il ~ Melbourne, FL thl. 29 day 01 JUL 1999 K.... L lrM....-., "IDlM88l . '1, t ,. FLORIDA DEPARTMENT OF INSURANCE i BERIlICE COOIl Lie.' 152465752 II LICEIISEIl,' . rolllAIISACT TIlE !IIWMIIl8 ClASSES IF 1ISIlIlANCE: Gen. lines (Proe. &'Cas. Ins.) ~-'-- ----.._-_.~.. -~ --.-- ------ r A049721---' 4~iID- ,..1; . 4'l4Q4 - I ACfl8n_ CERTIFICATE OF UABILITV INSURANCE DATE (MM/DDIYV) 07/30/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Peter J Buchanan ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bateman, Gordon & sands, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. P.O. Box 1270 Pompano Beach, FL 33061 ,OIIU ID""'I AFF()D"'~~COVERAGE INSUReD INSUReR A: scottsdale \ CRUMP Everglades Environmental Care, Inc. INSUReR B:Am.er~sure 911 N.W. 209th Avenue INSUReR c: suite 1125 INSUReR 0: Pembrofe Pines, FL 33029 INSUReR e: COVERAGES THE POLICES OF N8UAANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORlHE POLICY PERlOD.mICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTA..... THE ....SURANCE AFFORDED BY THE POLICES DESCRIlED HEREIN IS SUBJECT TO ALL THE TERMS. EXCI..IJIIQIIISAND CONDITIONS OF SUCH POLICES. AGGREGATE !.NITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClANS. ~-Il' TYPe OF INSURANce POLICY NUMBeR "lil~.f.r!'.~~ P9,~~~ UMITS A ~NI!RAL LIABILITY CLS0501094 12/14/98 12/14/99 eACH OCCURReNce .1 000 000 X COMMeRCIAL eENI!RAL LIABIUTY FIRe DAMAGe /AnY one f~e .50 000 I CLAIMS MADe[X] OCCUR MeDEXP/Mwonep<<.on) .5 - 000 XBI/PD Ded:500 Pl!RSONAL . ADV INJURY .1.000.000 X Contractual GENeRAL AGGReGATE .2.000.000 ~N'LAGG7n LIMIT nSPI!R: PRODUCTS..cOMP/OP AGG .2.000.000 POLICY ':l!~;: LOC B ~OMOBILI! LlABIUTY CA129356603 12/19/98 12/19/99 COMBINeD SINGLE LIMIT $1,000,000 eX ANY AUTO (l!a accident) f-- I ALL OWNeD AUTOS BODILY INJURY . SCHeDULeD AUTOS (P<< p<<.on) f-- ~ HIReD AUTOS BODILY INJURY . ~ NON.OWNED AUTOS (Per accident) I-- PROPl!RTY DAMAGe . (P<< accl_l) R'l.Mie UABILITY AUTO ONLY. eA ACCIDeNT . ANY AUTO OTHeR THAN eA ACC . AUTO ONLY: AGG . excess UABIUTY eACH OCCURReNce . o OCCUR 0 CLAIMS MADE AGGReGATE . . R DEDUCTIBLE . RETENTION . . B WORKERS COMPI!NMTIONAND WC129356502 12/19/98 12/19/99 X l.,\1,g:r~i{;,1 !OJ1;I EMPLOYERS' LIABILITY E.L. EACH ACCIDeNT .100.000 e.L.DlseAse.EA EMPLOye' .100.000 E.L. DiseAse .POLICY L1MI .500.000 OTHeR DESCRIPTION OF OPI!RATlONlllLOOATIONlI/\/EHICLI!8Il!XDLU_ADDED BY I!NDORIII!MENT/BPECIAL PROVI8ION8 *workers compensation - in the event of cancellation 30 days notice applies. The City of Miami Beach is an additional insured for general liability coverages only as their interest may appear for the work performed by the insured. (See Attached Descriptions) CERTIFICATE HOLDER I X I ADDmONAL ~1.ElTER: CANCEllATION SHOULD AN'tOF'IHI!ABll\II! "'--~DPOIJCE8BECANCELLED 1II!RlR!'IHI! I!lCPIlA11llN City of Miami Beach DATETHERI!OF,THe 188UINAINlIURI!R WILLeNDI!AVORTO MAIL3..Q.... OAYSWRITTI!N 1700 Convention Center Drive NOTICI!TO'IHI! CI!RI1FlCATE HllUlI!fINAMEDTO'IHI! U!FT. BUTFAlWRI! TO 0080lIHAU. Miami Beach, FL 33139 IMPOBE NO OBUGATlON OR UABIUTYOF ANYKIND UPON THE INSUReR,ITSIoCII!NT8 01\ REPREseNTATIVI!B. AUTHORlzeDRI!PRI!IENTATIVI!__ c?- '1d'~ I ':P...-"'~ . .,..;..:."" ACORD 26.S (7187)1 of 3 t89306 CD . ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) The City of Miami Beach is an Additional Interest per Section II, Item 1. Who is an insured part c of the Commercial Automobile policy. The insurance evidenced by this certificate shall be primary to any other insurance available to the certificate holder. RE: Bid *82-98/99, Three Year Contract for Providing Grounds Maintenance service with an option to Renew for Three Years on a Year to Year Basis AMS 2&.3 107187) 3 of 3 *89306 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. A stalement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the polley, certain policies may require an endorsement. A. statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not conslItuIe a contract between the Issuing Insurer(s), authorized representative or producer, and the certlflcale holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORDa-S(7II7)2 of 3 i89306 THREE YEAR CONTRACT FOR PROVIDING GROUNDS MAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS BID #82-98/99 Labor Rates ( for Work other than specified herein, at the direction of the City) Item # Job Classification Hourly Rate 5 Hourly rate per Contractor Regular time: $ 25.00 Representative Overtime: $ 35.00 6 Hourly rate per Regular time: $ 17.00 Laborer/Groundskeeper Overtime: $ 25.00 7 Hourly rate per Irrigation Regular time: $ 35.00 Technician Overtime: $ 50.00 8 Hourly rate per Large Equipment Regular time: $ 35.00 Operator $ 50.00 Overtime: 9 Hourly rate per Regular time: $ 25.00 SupervisorlForeman Overtime: $ 35.00 10 Hourly rate per Climber Regular time: $ 25.00 Overtime: $ 35.00 11 Hourly rate per Certified Arborist Regular time: $ 35.00 Overtime: $ 50.00 12 Hourly rate per Pest Control Regular time: $ 25.00 Technician Overtime: $ 35.00 Materials ( for Materials not specified herein, to be installed at the direction of the City) Item # Description Unit Price Installed 13 St. Augustine Sod $200.00 /pallet 14 Shredded Cypress Mulch $40 . 0 0 /cubic yard 15 Seasonal Color $1 .85 leach 16 For all other materials not specified, Contractor shall furnish at 25 % -12... % above vendor cost Bid /I 82-98/99 Date I..ued: 6/18/99 City oC Miami Beach 43 THREE YEAR CONTRACT FOR PROVIDING GROUNDS MAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS BID #82-98/99 ADDENDUM ACKNOWLEDGMENT No. 1 07/06/99 SIG.A]1;PEf7:~ ADDENDUM DATED No. Bidder's Dade County Certificate or Competency No: Expiration Date: ANY LElTERS, A'ITACHMENTS, OR ADDmONAL INFORMATION TO BE CONSIDERED PART OF THE PROPOSAL MUsr BE SUBMI'ITED IN DUPLICATE. SUBMITI'ED BY: COMPANY NAME: INC. SIGNED: !!Cute this proposal and commit the bidding rInD) NAMEnITtLE~nU: steven Mazzarella G~n. Mqr ADDRESS: 911 NW ?09th AvpnllP. ~lI;tp 1?f> ClTY/srATE: Pembroke PinesFLZW: 33029 TELEPHONE NO: (954) 430-1787 (954) 430-2787 FACSIMILE NO: Bid #I 81.9l1199 DIle Issued: 6/tlll99 City of MII.I Bad. / 44 SCHEDULE OF VALUES Item #1 Normandy Drive SERVICE UNIT PRICE TIMES PER YEAR TOTAL St. Augustine turf mowing 5100.00 36 $3,600.00 Grass Trimming and Edging 5100.00 36 $3,600.00 Shrub Pruning 5100.00 12 $1,200.00 Ground cover Pruning 5100.00 12 $1,200.00 Tree and Palm Pruning 52 , 000 . 00 I $2,000.00 Weed Control 5100.00 36 $3,600.00 Litter Control 525.00 208 $5,200.00 St. Augustine turf $100.00 4 $400.00 fertilization Shrubs and Groundcover 5200.00 3 $600.00 Beds fertilization Tree and Palm fertilization $400.00 2 $800.00 Mulching $<;00 00 2 $1 000 00 Royal Palm bug treatment $7<; 00 3 $225.00 Medjool Prevo disease treat. 51 00.00 2 $200.00 Bid No. 82-98/99 Date Issued: 7/6/99 City of Miami Beach 45 (AMENDED) SCHEDULE OF VALUES Item #2 Seventy First (71) Street SERVICE UNIT PRICE TIMES PER YEAR TOTAL SI. Augustine turf mowing $ 100.00 36 $3,600.00 Grass Trimming and Edging 5100.00 36 53,600.00 Shrub Pruning $ 100.00 12 51,200.00 Ground cover Pruning $ 100.00 12 $1,200.00 Tree and Palm Pruning $ 2,000.OC 1 52,000.00 Weed Control 5 100.00 36 53,600.00 Litter Control 5 25.00 208 55,200.00 St. Augustine turf $ 100.00 4 $400.00 fertilization Shrubs and Groundcover $ 200.00 3 5600.00 Beds fertilization Tree and Palm fertilization 5 400.00 2 5800.00 Mulching $ 500.00 2 51,000.00 Royal Palm bug treatment $ 75.00 3 5225.00 Medjool Prevo disease treat. $ 100.00 2 5200.00 Rid No. 82-93/99 Date Issued: 7/6/99 City of Miami Beach 46 (AMENDED) SCHEDULE OF VALUES Item #3 Collins Avenue SERVICE UNIT PRICE TIMES PER YEAR TOTAL . St. Augustine turf mowing 5175.00 36 $6,300.00 Grass Trimming and Edging 5175.00 36 $6,300.00 Shrub Pruning 5700.00 12 $8,400.00 Ground cover Pruning 5700.00 12 $8,400.00 Tree and Palm Pruning 510,000.0 1 $10,000.00 Weed Control 5300.00 36 510,800.00 Litter Control 531.35 208 $6,520.00 St. Augustine turf 5150.00 4 $600.00 fertilization Shrubs and Groundcover 5300.00 3 $900.00 Beds fertilization Tree and Palm fertilization 51,500.00 2 $3,000.00 Mulching 53,500.00 2 $7,000.00 Royal Palm bug treatment 5200.00 3 $600.00 Medjool Prevo disease treat. 5250.00 2 $ 500.00 Bid No. 82-98/99 Date Issued: 7/6199 City of Miami Beach 47 (AMENDED) SCHEDULE OF VALUES Item #4 Ocean Terrace SERVICE UNIT PRICE TIMES PER YEAR TOTAL St. Augustine turf mowing S 100.00 36 $3,600.00 Grass Trimming and Edging S 100.00 36 $3,600.00 Shrub Pruning S 500.00 12 $6,000.00 Ground cover Pruning S 500.00 12 $6,000.00 Tree and Palm Pruning 56,000.00 1 56,000.00 Weed Control 5200.00 36 57,200.00 Litter Control 5 50.00 208 510,400.00 St. Augustine turf $ 100.00 4 5400.00 fertilization Shrubs and Groundcover $ 200.00 3 5 600.00 Beds fertilization Tree and Palm fertilization 5 800.00 2 $ 1,600.00 Mulching $ 2,000.0 2 54,000.00 Royal Palm bug treatment $ 200.00 3 5600.00 Medjool Prevo disease treat. $ 250.00 2 5500.00 Bid No. 82-98/99 Date Issued: 7/6/99 City of Miami Beacb 48 (AMENDED) SCHEDULE OF VALUES Item #S Calais Drive (Streetscape) SERVICE UNIT PRICE TIMES PER YEAR TOTAL St. Augustine turf mowing 525 . 00 36 5900.00 Grass Trimming and Edging 525.00 36 5900.00 Shrub Pruning 5300.00 12 53,600.00 Ground cover Pruning 5300.00 12 53,600.00 Tree and Palm Pruning 52,000.00 1 52,000.00 Weed Control 5100.00 36 53,600.00 Litter Control 510:00 208 52,080.00 St. Augustine turf 550.00 4 5200.00 fertilization Shrubs and Groundcover $100.00 3 $ 300.00 Beds fertilization Tree and Palm fertilization 5500.00 2 $ 1 ,000.00 Mulching 5500.00 2 $ 1,000.00 Royal Palm bug treatment 5200.00 3 5600.00 Medjool Prevo disease treat. 5250.00 2 $ 500.00 Bid No. 82-98/99 Date Issued: 7/6/99 City of Miami Beach 49 (AMENDED) CONTRACTOR'S OUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By EVERGLADES ENVIRONMENTAL CARE, INC. PrincipalOffice 911 NW 209th Avenue, Ste 126 Pembroke Pines, FL 33029 How many years has your organization been in business as a Contractor under your present business name? 4 years Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? Yes City pemb.Pines:98-1455/98-1451 State of Florida occupational license - state type and number: Broward Cty:JE0050588/96-CLS Dade County certificate of competency - state type and number: No City of Miami Beach occupational license - state type and number: No Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a Contractor 4 years (B) As a Sub-Contractor 4 vears (C) What contracts has your organization completed? Contract Amt Class of Work When Completed Name/Address of Owner See attached resume 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? No If so, where and why? Bid 1# 82-98199 Date bsued: 6/18199 City oCMiami Beach / 51 Has any officer or partner of your organization ever failed to complete a contract handled in his own name? No If so, state name of individual, name of owner, and reason thereof In what other lines of business are you financially interested or engaged? None Give references as to experience, ability, and financial standing See resume What equipment do you own that is available for the proposed work and where located? See attached Eauioment List Financial Statement Can be viewed by appointment What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? Republic Securi tv Bank Pembroke Pines branch Phone #(954) 433-3933 I HEREBY CERT Y that the above answers are true and correct. (SEAL ) (SEAL) Bid # 82-98/99 Dale Issued: 6118/99 City of Miami Beach 52 CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of four (4) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 1) Company Name Address Contact Person Telephone Number 2) Company Name Address Contact Person Telephone Number 3) Company Name Address Contact Person Telephone Number 4) Company Name Address Contact Person Telephone Number Bid II 82-98/99 Date luue<!: 6/18/99 City oCMlami Beach Pines Property Manaqement 17794 SW 2nd street, Pemb.Pines, FL 33029 Tom Evans (954) 438-6570 City of Coral Springs 9551 W. Sample Road,Coral Springs FL 33065 Bill Castelli (954) 345-2143 Citv of Pembroke Pines 10100 Pines Blvd, Pemb. Pines, FL 33027 Patti Hoot-McLoad (954) 437-1111 7.immp.rman Managp.mp.nt 9000 W.Sheridan St.#100 Pemb.Pines FL 33024 Ed Zimmerman (954) 431-7111 Ext. 210 53 EVERGLADES 911 N.W. 209fh Avenue' Suite 125 Pembroke Pines. FL 33029 (954) 430-1787 . Fex (954) 430-2747 Job References Piaes Proaem Manal!'ement. Inc. - 111_ Ewuu, General MtIlIagn (SilverLakes Community Association) 17340 Pines Boulevard Pembroke Pinel, Florida 33029 (9S4) 438-6570 or (954) 438-3781 SilverLakes . Lew TfHlUr, Project Mtlllllgn 17350 Pines Boulevud Pembroke PlDelI, Florida 33029 (954) 4J6-86OO Hollv Hill. Bullden -Ibuty Witt - Owrrer/DeveIoper (Westridge Homes) - (98 homes - SJOO,OOO. up) 2210 S. W. l02nd Drive Davie, Florida 33324 (954) 452-9G88 Benchmark Prooertv Maauement - LtIlI4 Bogtleit, PropertyMtlllager (La COIta In Grand. Palm.) Pembroke PInes, Florida 33029 (954) 344-SJSJ Benchamark Prooem Man_ent - Bill Spilbtuur, Property MtUUIfler (WiII.hire Community) Pembroke Pines, Florida 33029 (954) 344-53SJ Zimmerman Manu_nt Services. lac. - Rayrrwnd F. om. v,p. (Chapel Trail HomeoWlJen AlJoclation) _ 2SOO Homes 9000 West Sheridan Street. #100 Pembroke Pines, Florida 3J024 (954) 431.7111 City of Pembroke Pines - PfIIIIi Hoot-McCleod, LlIIUlrcape SllpeT11Uor (Area C) 13975 Pembroke Road Pembroke PInes, F13J027 (954) 437-11l1 Pomoaao SouareMall-GerryRadtke.Mtlllager (Pompano Square Mall) ODe Pompano Place Pompano Beach, FL 33062 (9S4) 94J4685 Citv or Coral Sorinlrs -BiB C4YIelli, LlIIUlrcape SllpeT11Uor (Mediu. ) 9551 West Sample Road Coral SpriDgl, Florida 33065 ; (954) 344-1100 LANDSCAPE INSTALLATION AND MAINTENANl'!~ . AOllaTll'O MAIIAn!:'''!:'I'? . .nn........^.. THREE YEAR CONTRACT FOR PROVIDING GROUNDS MAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS BID #82-98/99 BID CHECK LIST To ensure that your bid is submitted in confonnance with the Contract Documents, please verify that the following items have b Iddb'd 'd een complete an su mltte as require . X Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.31 X Execution of Bid General Conditions Section 1.2 Equivalents/Equal Product General Condition Section 1.10 Special Conditions Section 2.32 X Insurance and Indemnification (including Insurance Checklist) General Condition Section 1.34 Special Conditions Section 2.9 Samples General Condition Section 1.14 Special Conditions Section 2.12 X Bid/Performance Bond General Condition Section 1.35 Special Conditions Section 2.16 X Warranty Special Conditions Section 2.23 Product/Catalog Information Special Conditions Section 2.24 X References Special Conditions Section 2.25 X Bidder Qualifications Special Conditions Section 2.28 X Exceptions to Specifications Special Conditions Section 2.30 X Supplemental Information Technical Specifications Section 4.9 Bid 1# 82-98/99 Date Issued: 6/18/99 City of Miami Beacb / 50 INSURANCE CHECK LIST xxx I. 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 $ 1.000000.00 per occurrence for bodily injury property damage to include Premisesl 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 - 51,000.000 each occurrence - owned/non-ownedlhired automobiles included. _ 4. Excess Liability - 5 .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 xxx 7. Thirty (30) days written cancellation notice required. xxx 8. Best's guide rating B+:VI or belter, 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 afthis insurance may be required within five (5) days after bid opening. Bidder 1i;~..~ Bid 1# 82-98/99 Date Issued: 6/18/99 City or Miami Beach , 17 EVERGLADES 911 N.W. 209th Avenue. Suite 125 Pembroke Pines. FL 33029 (954) 430-1787 . Fax (954) 430-2747 BID SUBMITTAL RESPONSE * * * * * * * * * * * * * * * * * * * * * * * * * 4. 9. 3. Turf Maintenance 1. 2 Applications Lesco 24-5-11 at scheduled rate applied in January and May. 2 Applications Lesco 17-4-6 Weed and Feed at scheduled rate applied in March and October. 2. Mowing schedule October through March cut every two weeks. April though September mowed 4 times per month for a total of 36 cuts. 3. Dursban Granular applied April and July will eliminate ching bug and sod webwonn problems through their active periods. The Weed and Feed applications will prevent weed infestations. 4. 9. 5. Tree and Palm Maintenance 1. Trees fertilized with Lesco 8-10-10 mix at 1/2 lb. Per inch of caliper. 2. Palms fertilized with Lesco 13-3-13 at lIb. Per inch of trunk. Deep root injection in small planters will be done with Lesco Palm and Tropical Plus Tee-Mag. 3. Applications in October and March. 4. Pnming as dead fronds are seen. , LANDSCAPE INSTALLATION AND MAINTENANCE . AQUATICS MANAGEMENT · IRRIGATION EVERGLADES 911 N.W. 209th A\lenue . Suite 125 Pembroke Pines. FL 33029 (954) 430-1787 . Fax (954) 430-2747 5. Two times per year deep root inject palms with Cleary 3336 fungicide and Merit Systemic Insecticide. Soil or Frond samples will be taken to A & L Labs for analysis on stressed palms. 6. Trees continually elevated to 7' CT for pedestrians. 4.9.6. Shrub and Groundcover Maintenance 1. Lesco 13-3-13 fertilizer at 3 lbs. Per 100 Sq. ft. of bed area applied in March, July and November. 2. Pruning of plants once per month. 3. Spot treat insects and disease as diagnosed monthly or sooner if required. 4.9.7. Irrigation Maintenance Program 1. Monthly zone by zone inspection to check for coverage. 2. Change all screens and filters as seen. 3. Check timers weekly for problems. 4. On site crew visually inspect turf and plants daily for dry spots or signs of oveIWatering. , LANDSCAPE INSTALLATION AND MAINTENANCE . AQUATICS MANAGEMENT . IRRIGATION EVERGLADES 911 N.W. 209th Avenue. Suite 125 Pembroke Pines, Fl 33029 (954) 430-1787 . Fax (954) 430-2747 4. 9. 8. Equipment Specifications for this project 1. Ford F-250Superduty 2. Crossley 20' Trailer 3. Scagg 52" Turf Tiger mower 4. Scagg 36" walk-behind mower 5. Misc. Stihl commercial hand equipment 6. John Deer Gator utility cart 4.9.9. Bidders Supplement 1. See Corporate Resume attached. 4. 7. 1. See Corporate Resume , LANDSCAPE INSTALLATION AND MAINTENANCE . AQUATICS MANAGEMENT . IRRIGATION EVERGLADES 911 N.W. 209th Avenue. Suite 125 Pembroke Pines. Fl 33029 (954) 430-1787 . Fax (954) 430-2747 4. 9. 2. Personnel 1. The project will be staffed with 3 full time employees. A qualified foreman with 5 years of experience and two workers. The 3-man crew will perform all mowing/shrub, groundcover and palm pruning/weed controVfertilization/mulching/litter pick up. 2. Once per month a two-man irrigation crew will perform the inspection and specified repairs needed to the irrigation system. 3. Once per month a licensed Pest Control applicator will evaluate and treat all plant pest problems. 4. Weekly the staff Horticulturist will meet with the on-site crew to evaluate any problems needing to be addressed. 5. All Employees attend monthly Safety Meetings held by their Supervisor. New Employees are put with a Supervisor to received hands on field training. 6. We are a Drug Free Work Place and all applicants are screened prior to hire. , LANDSCAPE INSTALLATION AND MAINTENANCE . AQUATICS MANAGEMENT . IRRIGATION INVITATION TO BID THREE YEAR CONTRACT FOR PROVIDING GROUNDS 11,IAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS Seventy First (71) Street Normandy Drive Collins Avenue Ocean Terrace Calais Drive (Streetscape) BID OPENING: JULY 12, 1999 AT 3:00 P.M. Michael Rath, CPPB, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 Bid # 82-98199 Date luued: 6/18199 City of Miami Beach , CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH INVITATION TO BID NO. 82-98/99 CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 TELEPHONE: (305) 673.7490 SUNCOM: 13051 933-7490 FAX: (305) 673-7851 Sealed bids will be received by the City of Miami Beach Procurement Director, 1700 Convention Center Drive, Miami Beach, Florida, 33139, until 3:00 P.M. on the 12th day of July, 1999 for: THREE YEAR CONTRACT FOR PROVIDING GROUNDS MAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS Seventy First (71) Street Normandy Drive Collins Avenue Ocean Terrace Calais Drive (Streetscape) 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. Specifications may be obtained upon request from the Procurement Division, telephone number(305) 673-7490, Bid Clerk. A MANDATORY Pre-Bid Conference and site inspection has been scheduled for 10:00 a.m. on June 30,1999, at City Hall, 1st Floor Conference Room, 1700 Convention Center Drive, Miami Beach, FL 33139. A Bid Bond of five (5%) percent of the annual bid amount will be required. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of one-hundred (100%) percent of the annual contract amount. Any questions or clarifications concerning this Invitation to Bid shall be subrnitted 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 form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. Bid # 82.98/99 Dale Issued: 6/18199 City of Miami Beach 2 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 form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. You are hereby ad\ised that this Invitation to Bid is subject to the "Cone of Silence, " in accordance with Ordinance 99-3164. From the time of advertising until the City Manager issues his recommendation. there is a prohibition on communication with the City's professional staff. The ordinance does not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly noticed public meeting, contract negotiations with the staff following the award of an RFP, RFQ, RFLI, or bid by the City Commission, or communications in writing at any time with any city employee, official, or member of the City Commission unless specifically prohibited. A copy of all written communications must be filed with the City Clerk. Violation of these provisions by any particular bidder or proposer shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer 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. 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. CITY OF MIAMI BEACH I I ,"'--" ." "-^--L-,-- C~ 0' ([:~v,-', Michael Rath, CPPB Procurement Director Bid # 82-98199 Date Issued: 6/18199 City of Miami Beach 3 THREE YEAR CONTRACT FOR PROVIDING GROUNDS MAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS BID #82-98/99 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 Director, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Telegraphic 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: Ifnot submitting a bid, respond by returning original copy of Bid Form, marking if "No Bid", 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. NOTE: A bidder, to qualify as a respondent, must submit a "no bid" and same must be received no later than the stated bid opening date and hour. 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.a. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. A ward, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award ofbid(s). 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 04-00097-09-23 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. Bid # 82-98199 Date luued: 6/18/99 City of Miami Beach 4 1.7 CONDITION AND PACKAGING: [t is understood and agreed that any item offered or shipped as a result of this biJ shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number 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) 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 Bid # 82-98/99 Date Issued: 6/18/99 City of Miami Beach / 5 or to clearly identify samples may be reason for rejection of the bid, Unless otherwise indicated, samples should b~ 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 AWARDS: In the best interest of the City of Miami Beach, the City Commission reserves the right to reject all bids or any portion of any bid they deem necessary for the best interest of the City; to accept any item or group of items unless qualified by the bidder; to acquire additional quantities at prices quoted on the Bid Form unless additional quantities are not acceptable, in which case the Bid Form must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". All awards made as a result of this bid shall conform to applicable Florida Statutes. 1.20 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after that time shall be returned, unopened, 1.21 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title tolor risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.22 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. 1.23 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the buyer shall be fmal and binding on both parties. 1.24 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 . Bid # 82-98199 Date Issued: 6/18199 City of Miami Beach , 6 1.25 (NOT USED) 1.26 (NOT USED) 1.27 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract. including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.28 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fmes levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.29 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence, 1.30 ANTI-DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.31 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490NorCE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. 1.32 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. 1.33 (NOT USED) 1.34 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Dade County and City of Miami Beach building code requirements and the South Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. Bid # 82-98199 Date Issued: 6/18/99 City of Miami Beach 7 1.35 Bm BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bonds. when required. shall be submitted with tlie bid in the amount specified in Special Conditions, After acceptance of bid. the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. 1.36 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. 1.37 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 . 1.38 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLlCA TE to the City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139 1.39 (NOT USED) 1.40 (NOT USED) 1.41 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. 1.42 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish th~ brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.43 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.44 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed stamped envelope with the bid. 1.45 AWARD CHALLENGE: All costs accruing from a bid or an award challenged as to quality, etc, (tests, etc.) shall be assumed by the challenger. All bid challenges are to be in writing and filed with the Procurement Director. The Procurement Director will notify challenger of the cost and time necessary for a written reply to the challenger, 1.46 (NOT USED) Bid # 82-98/99 Dale Issued: 6/18199 City of Miami Beach , 8 1.47 (NOT USED) 1.48 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as te 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 fifteen (15) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery, Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids is required. A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the Solicitation. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. 1.49 DEMONSTRATION OF COMPETENCY: I) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities ofa 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, 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 fmancial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency Bid # 82-98199 Dale luued: 6/18/99 City of Miami Beach , 9 section. 1.50 A WARD OF CONTRACT: A) The contract will be awarded to the lowest responsive, responsible Bidder(s) whose Bid(s), conforming to the Solicitation, is most advantageous to the City of Miami Beach. The lowest responsive, responsible Bidder(s) will be determined in conjunction with the method of award which is described in the Special Conditions. Tie Bids will be decided as described in Special Conditions. B) The City shall award a contract to a Bidder through action taken by the City of Miami Beach City Commission at a duly authorized meeting. This action shall be administratively supported by a written award of acceptance (Purchase Order), mailed or otherwise furnished to the successful Bidder; which shall constitute a binding contract without further action by either party. C) The General Terms and Conditions, the Special Conditions, the General Requirements, the Technical Specification. the Bidder's Proposal and the Purchase Order are 'collectively an integral part of the contract between the City of Miami Beach and the successful Bidder, D) While the City of Miami Beach City Commission may determine to award a contract to a Bidder(s) under this Solicitation, said award may be conditional on the subsequent submission of other documents as specified in the Special Conditions. The Bidder shall be in default of the contractual obligations if any of these documents are not submitted in a timely manner and in the form required by the City. If the Bidder is in default, the City, through the Procurement Director, will void its acceptance of the Bidder's offer and may determine to accept the offer from the second lowest responsive, responsible Bidder or re-solicit Bids. The City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess costs sustained and/or may prohibit the Bidder from submitting future Bids for a period of one year. E) The Term of the Contract shall be stipulated in the Purchase Order which is issued to the successful Bidder(s). Where there is a conflict between the contractual period stipulated in the Solicitation and the contractual period stipulated on the Purchase Order, the Purchase Order shall prevail. If the contract involves a single shipment of goods to the City, the contract term shall be concluded upon completion of expressed and implied warranty periods. F) The City reserves the right to exercise the option to renew a term contract of any successful Bidder(s) to a subsequent optional period; provided that such option is stipulated in the Special Conditions. If the City exercises the right in writing, the Bidder shall update and submit any legal documents required during the initial Solicitation by no later than sixty (60) calendar days prior to the commencement of the option period. These documents, which are specified in the Special Conditions and include, but are not limited to, insurance certificates and performance bonds, must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the City may rescind its option, declare the Bidder to be in default of its contractual obligations and award to the next low bidder or seek a new bid Solicitation. The City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess cost sustained and/or may prohibit the Bidder from submitting future Bids for a period of one year. G) The City reserves the right to automatically extend this contract for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated and/or awarded. If this right is exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract for a definitive period of time prior to the effective date of the extension. By affixing its authorized signature to this Bid Form, the Bidder hereby acknowledges and agrees to this right. Bid # 82-98199 Dale luued: 6/18/99 City of Miami Beach , 10 1.51 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. 1.52 LA WS, PERMITS AND REGULA nONS: 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. 1.53 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Departinent 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. Bid # 82-98199 Date wued: 6/18199 City of Miami Beach , 11 THREE YEAR CONTRACT FOR PROVIDING GROUNDS MAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS BID #82-98/99 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, for Grounds Maintenance Service as specified herein, from a source(s) of supply that will give prompt and efficient service. 2.2 TERM OF CONTRACT: This contract shall commence the day after date of award by the City Commission of Miami Beach Florida and shall remain in effect for a period of three (3) years. The maintenance period shall begin 10 days after receipt of a notice to proceed, and continue for a period of three (3) years, pending available funding. The City of Miami Beach has the option to renew the contract at it's sole discretion for an additional three (3) year period on a year to year basis. Renewal of the contract is a City of Miami Beach prerogative- not a right of the contractor. Such option will be exercised, ifat all, only when it is in the best interest of the City of Miami Beach. 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, Ootion to Renew / Adiustment to Contract Amount: In the event the City of Miami Beach exercises its option to renew beyond the initial three (3) year contract, the contract prices and any other terms the city may choose to negotiate, will be reconsidered for adjustment prior to renewal due to increases or decreases in labor costs; but in no event will the prices be increased or decreases by a percentage greater than the percentage change reflected in the C.P.! as published by the U.S. Department of Labor, The City of Miami Beach reserves the right to accept the renewal adjustment or to allow the contract to terminate and re- advertise for bids, whichever is in the best interest of the City. 2.3 METHOD OF AWARD: A ward of this contract will be made to the lowest responsive, responsible bidder whose bid will be most advantageous to the City of Miami Beach providing the bid does not exceed the amount of funds estimated by the City as available to fmance the Contract. 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 A venue, Miami Beach, Florida, 33139. 2.4.3 PaYment The City agrees to pay to Contractor for the maintenance services described herein the following compensation during the term of the Contract: Bid # 82-98/99 Date luued: 6/18199 City of Miami Beach 12 2.4.3.1 Pavment - "Complete 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 landscape maintenance schedule and as indicated in the specifications. (b) The bid price is stated as "per service" amount. Each complete service cycle must be invoiced separately on a monthly basis for services rendered during said month and City will pay to Contractor each month the "per service" payment amount. (c) The compensation to be paid by City shall be rendered in monthly payments for work perfonned per bid item. Payment shall be made within thirty (30) days upon recelvmg invoices, in duplicate, providing that all work perfonned 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. Cd) If the Project Manager detennines that the labor for work resulting from vandalism, acts of God, or third party negligence can be perfonned 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 perfonned, until services are rendered in accordance with specifications and providing no other arrangements have been made between the Contractor and the Project Manager. Notice of withholding must be in writing to the attention of the Purchasing Director. 2.4.3.3 Additional or Decreased Comoensation: Bid # 82-98199 Date Iuued: 6/18/99 City of Miami Beach 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 perfonned by the Contractor. B. Price Adiustment For The Deletion of Site(s): The City reserves the right to temporary or pennanently 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 detennination 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. I3 C. Price Adiustments For The Addition of Sites: The City reserves the right to add new sites to the respective contract(s), and to add services to the existing sites. New sites and/or service to be added shall be evaluated by both the City and the contractor for the mutual termination ofa fair unit cost,to be based upon similar site receiving similar service and/or similar services rendered at a similar site. Sites and/or services deleted and later re- added shall be re-added at the original contract unit cost, plus any index adjustment. 2.4.3.4 Develooment of and/or Imorovement to Existinl! 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 RESPONSE TIME: N/A 2.6 ADDlTlONSIDELETlONS 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. 2.7 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 flnn during the term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.8 PRE-BID CONFERENCE/SITE INSPECTION: A MANDA TORY pre-bid conference and site inspection will be held on June 30, 1999 at 10:00 A.M" at the First Floor Conference Room, I 700 Convention Center Drive, Miami Beach, FL. At that conference all work will be discussed and all questions answered. No questions will be answered except at the pre-bid conference. You may submit questions in writing to be prior to the pre-bid conference to: Procurement Director, City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, Fax: (305) 673- 7851. 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, 2.9 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, Bid # 82-98199 Date luued: 6/18199 City of Miami Beach 14 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 ofMiarni Beach as an additional insured on all liability policies required by this contract. When naming the City ofMiarni Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. A copy of the endorsement(s) naming the City of Miami Beach as an additional insured is required and must be submitted to the City's Risk Manager. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of 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 flfst 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 $ I ,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 Bid # 82-98199 Date Issued: 6/18199 City of Miami Beach 15 the specifications including costs of investigation, all expenses of litigation, including reasonable altomey 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, ser,ants, 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 detennined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt ofwrilten 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 requiremen\S 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 insured 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 # 82-98/99 Dale Issued: 6/18/99 City of Miami Beach 16 INSURANCE CHECK LIST xxx I. 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 $ I 000.000 00 per occurrence for bodily injury property damage to include Premisesl 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-owned/hired automobiles included. _ 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 xxx 7, Thirty (30) days written cancellation notice required. xxx 8. Best's guide rating B+:VI or better, latest edition, xxx 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Bidder Signature of Bidder Bid # 82-98199 Date Issued: 6/18199 City of Miami Beach 17 2.10 VENDOR APPLICATION Prospective proposers should register with the City of Miami Beach Procurement Division; this will facilitate their receipt of future notices of solicitations when they are issued. The successful proposer(s) must register prior to award; failure to register will result in the rejection of their proposal. Potential proposers may contact the Procurement Division at (305) 673-7490 to request an application. Registration requires that a business entity complete a vendor application and submit an annual administrative fee of $20.00. The following documents are required: I . Vendor registration form 2. Commodity code listing 3. Articles of Incorporation - Copy of Certification page 4. Copy of Business or Occupational License It is the responsibility of the proposer to inform the City concerning any changes, such as new address, telephone number. commodities, etc. 2.11 (NOT USED) 2.12 SAMPLES: N/A 2.13 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-785 I, 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. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2. I 4 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 that time. 2.15 PUBLIC ENTITY CRIMES (pEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 2.16 BID/PERFORMANCE BOND: All bids must be accompanied by a bid bond in the amount of 5% of the total bid submitted, to be in the form of a Cashier's Check made payable to the City of Miami Beach; a bond written by a surety company authorized to do business in the State of Florida and shall comply with State Statute 287.0935. The bond, if in the form ofa Cashier's Check, of all unsuccessful bidders will be returned after bid award. The successful bidder will be required to submit a 100% Performance Bond and LaborlMaterial Bond, The Performance Bond, LaborlMaterial Bond can be in the form of a Cashier's Check, made payable to the City of Miami Beach; a bond written by a surety company as specified previously. 2.17 SPOT MARKET PRICING:N/A 2.18 (NOT USED) Bid # 82-98199 Dale booed: 6/18199 City of Miami Beach , 18 2.19 LIQUIDATED DAMAGES: As specified in Section 4,6.4 2.20 PERCENTAGE ABOVE VENDOR COST: Bids for parts and supplies not included in the scope of services herein shall be submitted on a percentage above vendor cost. Evidence of said costs shall be submitted with invoice, for each repair or service call. Proof of costs shall be printed, properly identified, and dated as to issuance and effectiveness. 2.21 ESTIMATED QUANTITIES: N/A 2.22 HOURLY RATE: The hourly rate quoted is for additional work not specified herein and shall include full compensation for labor, equipment use. travel time, and any other cost to the bidder. Hourly labor rates are specified as follows: Hourly Labor Rate 1- hourly rate for straight time, i.e. from 8:00 a.m. to 5:00 p,m. Monday - Friday (rate is to include labor and travel). Hourly Labor Rate II - hourly rate for overtime, i.e, before 8:00 a.m. or after 5:00 p.m., or on weekends or holidays, (rate to include labor and travel) 2.23 WARRANTY: The successful bidder will be required to warranty all work performed. 2.24 PRODUCT/CATALOG INFORMATION: N/A 2.25 REFERENCES: Each bid II1!!S! be accompanied by a list ofreferences which shall include the name of the company, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST, 2.26 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. 2.27 FACILITY LOCATION: N/A 2.28 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has technical knowledge and practical experience in the type of work included in this scope of work; has available the organization and qualified manpower to do the work; has adequate [mancial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; and has tested and serviced similar type, size and complexity of such work. Bid # 82-98/99 Date luued: 6/18199 City of Miami Beach , 19 2.29 LATE BIDS: The City of Miami Beach cannot be responsible for bids received after opening time and encourages early submittal. 2.30 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. 2.31 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in, To be considered a valid bid, the ORIGINAL AND ONE COPY of the Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. Bid # 82-98199 Date Issued: 6n8l99 City of Miami Beach , 20 THREE YEAR CONTRACT FOR PROVIDING GROUNDS MAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS O:'i A YEAR TO YEAR BASIS BID #82-98/99 3.0 GENERAL REQUIREMENTS 3.1 SCOPE OF WORK 3. I.] The work specified in this section consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services and incidentals necessary to provide complete landscape maintenance services as specified herein. 3.1.2 The work shall include but not be limited to, litter retrieval and waste disposal, mowing, edging, landscape maintenance, herbicide linsecticide application, turf management, athletic field turf management, irrigation system operation maintenance 1 repair and replacement of plants as required. Bid prices shall include all labor, equipment and materials needed to perform those duties set forth in this section. 3.1.3 The work shall include Traffic Control as described herein. 3,1.4 The locations of the work referenced in the above document are located throughout the City of Miami Beach, they include the following areas: Normandy Drive Seventy First (71) Street Collins Avenue Ocean Drive Calais Drive (Streetscape) 3.2 QUALIFICATIONS (BIDDER SHALL SUBMIT SA TISF ACTORY EVIDENCE WITH THEIR BID THAT THEY MEET THE FOLLOWING MINIMUM REQUIREMENTS) Parties deemed to be qualified to service this contract shall be judged on their past performance and present ability to provide all labor, materials, and equipment to successfully fulfill the provisions of this contract. 3.2, I Company Qualification 3.2.1.1 Company shall have been in continuous service and incorporated in the State of Florida for a minimum of four (4) years, 3.2.1.2 Company must have a proven history in the care and maintenance of specialty turf grass types. 3.2.1.3 Company must be fully licensed with all required State and/or Local government licenses, and permits (irrigation, pest control, horticultural services, etc.). 3.2.1.4 Company must have a person with an advanced degree in horticulture, agronomy, or a related field on staff. 3.2.1.5 Company must have a I. S. A. Certified Arborist on staff, or under contract as a consultant. 3.2.1.6 Company must be a drug and alcohol free workplace. Bid # 82-98199 Date luued: 6/18/99 City of Miami Beach , 21 3.2.2 Personnel Requirements, Management 3.2.2.1 Provide a minimum of one (I) full time Project Supervisor as specified in Para. 3.3.1, to manage all facets of the landscape and turf management for the contractor. 3.2.2.2 Managers must have excellent communication skills and be capable of directing all regular maintenance and additional landscape services and coordinating these with the designated City of Miami Beach staff. 3.2.2.3 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. 3.2.3 Technical Services 3.2.3.1. To provide an adequate number of personnel specifically trained, experienced and licensed in the following areas: turf maintenance, irrigation maintenance, tree maintenance, and horticultural pest control. 3.2.3.2 Provide a Certified Pesticide Operator through the State of Florida, Department of Health and Rehabilitative Services. 3.2.3.3 Provide an I.S.A. Certified Arborist, with a minimum of five (5) years experience with South Florida trees. 3.3 CONTRACTOR'S RESPONSIBILITIES 3.3.1 SUDervisor The Contractor shall maintain a Supervisor at the facilities at all times during the hours of operations, and such supervisor shall be able to be communicated with by pager, two way radio or cellular telephone, The Project Supervisor shall have a four year degree from a U,S. accredited college in Horticulture and a minimum of two years field supervisory experience in large scale commercial landscape management with an established commercial landscape company operating in South Florida. Individuals with a four year degree in directly related field(s) from a U,S. accredited college must have a minimum of five years experience. The Supervisor must be able to direct 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 these 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 Bid submittal to include resume, copy of degree, description of experience with references and contact numbers, 3.4 CONTRACTOR'S PERSONNEL Contractor shall employ personnel competent to perform the work specified herein, Contractor's employees shall be United States citizens or in possession of appropriate documentation permitting the employees to work in Dade County. The City reserves the right to request the removal of the Contractor's employee's from performing maintenance on the City's grounds where the employee's performance or actions are obviously detrimental to the program. Standard for Contractor's employee's include the following: Bid # 82-98199 Dal< Issued: 6/18199 City of Miami Beach , 22 3.5 DISASTER RESPONSE The Contractor shall maintain, on a twenty-four (24) hour on-call basis, by pager, two way radio, o~ 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. 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, Fireanns 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 nllt limited to: (I) full compliance with the terms of applicable Q,S.H,A. Safety Orders, (2) requirements of the Florida DeoartInent of Transportation Manual of Traffic Controls and Safe Practices For Street and Hi~hwav 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. 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. Bid # 82-98199 Date wued: 6/18199 City of Miami Beach , 23 3.8.4 [n perfonning 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 Specifica,ions are being implemented properly. The City's on-site observations or inspections are not for safety on or off the job site. 3.8.5 Traffic ~ ~ - The Contractor shall at his cost, observe all safety regulation; including placing and display of safety devices, provisions of police to control traffic, etc. as may be necessary in order to conduct the public through the project area in accordance with F.D.O.T.'s "Manual on Traffic Controls and Safe Practices for Street Highway Construction, Maintenance and Utility Operations." 3.9 CONTRACTOR'S VEHICLES Contractor's vehicles shall be in good repair, free from leaking fluids, properly registered, of uniform color and shall bear the company name on each side in not less than 1-1/2" letters. 3.10 CONTRACTOR'S EQUIPMENT All equipment shall be maintained in an efficient and safe operating condition while performing work under the contract. Equipment shall have proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City may direct the Contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction 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 permits, licenses and certificates (City, County, State, Federal) as required for work under the Contract. 3, 13.1 Contractors shall give all notices and pay fees and taxes required by law in performance of the Contract. 3.[3.2 Compliance with Miami Beach Parks Recreation & Culture Department and the State of Florida Department of Transoortation Rules and Rel!:ulations: Contractors shall comply and abide by all rules and regulations of the above-referenced departments as they may be applicable to performance of the Contract. Bid # 82-98199 Date luued: 6/18/99 City of Miami Beach / 24 3.13.3 Advertisine: and Sie:ns: Contractors shall not advertise or place signs on the site, facilities or equipment of the City of Miami Beach. 3.14 SUB CONTRACTORS Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City. Contractors shall be as fully responsible to the City for the acts and omission of the subcontractors as for the acts and omissions 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 Repairs to plant materials and soils shall specifically be made in accordance with specifications in Section 4.3, 3.15.3 Repairs to irrigation systems, which are damaged by any means including acts of God, vandalism, vehicular damage, theft, or undetermined causes, shall be repaired by the Contractor at no cost to the City, except where the specifications provide otherwise, 3.15.4 Contractor shall notify the City Project Manager within twenty-four (24) hours after discovery of any damage caused by accident, vandalism, thefts, acts of God, or undetermined causes, 3.16 RECORDS All documents, books and accounting records shall be open for inspection at any reasonable time during the term of the Contract and for three (3) years audit of the books and business conducted by Contractor and observe the operation of the business so that accuracy of the above records can be confImled. All employment records shall be open for inspection and reinspection 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. 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. Bid # 82-98/99 Date luued: 6/18199 City of Miami Beach 25 THREE YEAR CONTRACT FOR PROVIDING GROUNDS MAINTENANCE SERVICE WITH AN OPTION TO RENEW FOR THREE YEARS ON A YEAR TO YEAR BASIS BID #82-98/99 4.0 TECHNICAL SPECIFICA nONS 4.1 PURPOSE These specifications designate the manner in which basic maintenance tasks will be perfonned 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 perfonn 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 288th Street, Homestead, Florida, 33030. B. Florida Turf-Grass Association, Inc., 302 Graham Avenue, Orlando, Florida, 32803-6399, C, National Recreation and Park Association, 1601 N. Kent Street, Arlington, Virginia, 22209, D. Florida Recreation and Park Association, 1406 Hays Street, Suite I, Tallahassee, Florida, 32301. E. Florida Department of Transportation, "Manual on Traffic Controls and Safe Practices for Street & Highway Construction, Maintenance and Utility Operations." 4.3 MATERIALS All materials supplied and used by Contractors shall be the best kind available and used in accordance with manufacturer's directions. Commercial products such as fertilizers and pesticides shall bear the manufacturer's label and guaranteed analysis. City inspectors may require tests and reject materials not meeting these specifications or manufacturer's guarantee. 4.3.1 Replacement Any plants which are damaged or die as a result of improper maintenance or lack of sufficient maintenance shall be replaced by the Contractor, within I 0 calendar days upon discovery by the Contractor or notification by the City. The following criteria shall be used to detennine if replacement is necessary. 4.3.1.1 Plants are not in a healthy growing condition and this renders them below the minimum quality standard (Fla.# I). 4.3,1.2 There is a question of any plants ability to thrive after the end of the thirty six (36) month maintenance period that would render it below the minimum quality standard (Fla.# I), 4.3,1.3 The plant material is dead. 4.3.2 The ten (10) calendar days may be extended due to seasonal conditions, availability, preparation time such as root pruning, etc., only if approved by the City, in advance. The extended time shall be negotiated Bid # 82-98/99 Date wued: 6/18199 City of Miami Beach / , 26 between all parties concerned. but must receive final approval by the City. After the 10 day replacement period. the City may perform the work and withhold monies due to the Contractor for materials and labor cost~. 4.3.3 Size, Quality and Grade of Replacement 4.3.3.1 Replacement material shall be of the same brand, species, quality and grade as that of the material to be replaced, or it shall conform to the Florida Grades & Standards for nursery plants Florida # I Quality, whichever is higher. The size of the replacement plants shall not be necessarily the same size as the original specified plant at its initial planting, The replacement shall be of equal size to the plant to be replaced at the time it has been determined that it must be replaced. However, if for some reason, the plant to be replaced is smaller than the size to be replaced, the replacement shall be at least equal to the original size when the maintenance period began. 4.3.3.2 Plants shall be sound, healthy, vigorous, free from plant disease, insect pests or their eggs, and shall have normal root systems and comply with all State and local regulations governing these matters. and shall be free from any noxious weeds. 4.3.3.3 All trees shall be measured six (6) inches above ground surface. 4.3.3.4 ShaDe and Form: Plant materials shall be symmetrical, and/or typical for variety and species. 4.3.3.5. All plant materials must be provided from a licensed nursery and shall be subject to acceptance as to quality by the Project Manager. 4.3.3,6 Replacements shall be guaranteed for the length of the Contract, or six (6) months, whichever is greater. 4.3.3.7 The Contractor shall be responsible for hand watering the replacement (if required), for 42 calendar days after planting. 4.3.4 Water Should Contractor supply water, the water shall be fresh (non-salt), and containing no hannfullevels of pollutants or chemicals. 4.3.5 Soil 4.3.5.1 Any soil supplied by Contractors shall be good, clean, friable top soil (or soil mix), free from any toxic, noxious or objectionable materials, including rocks, plant parts or seeds. 4.3.5.2 "Planting Soil Mix" shall be equal parts of Sphagnum peat moss, coarse sand, and composted organic matter, sterilized. 4.3.5.3 "Muck-sand-soil" shall be 70 percent muck and 30 percent course sand. 4.3.6 Fertilizer All fertilizer shall be the best commercial grade and except free flowing liquids, shall be delivered to site and be dry when processed for application. Fertilizers shall be in appropriate containers and tagged. Special permission from the Project Manager is required to use bulk fertilizers, The Contractor shall submit copies of the manufacturer's specifications for all fertilizer including data substantiating that the proposed materials comply with specified requirements. Bid # 82-98199 Dale luued: 6/18199 City ofMi.mi Beach 27 4.3.7 Pesticides - (insecticides, fungicides, herbicides, etc.): Insecticides & Fungicides shall be only those which are approved or recommended for use near open water bodies and those specified, Only the Federal Environmental Protection Agency(EPA) approved products shall be used. All pesticides are to be registered and approved for use by the Florida Department of Agriculture. Submit on an as needed basis, a schedule of spraying and dusting materials to be used to control pests and disease infestation, the reason for their use and the method to be used to apply the materials and the method of application before it is delivered and used on the project. The need for pest and disease control, will be determined by the Contractor's Horticulturist and approved by the City, Also, if requested by the City, the Contractor will furnish documentation that the implementation of these control measures for pests and disease infestation is in strict compliance with all Federal, State, and Local Regulations. 4.3.8 Miscellaneous Materials Mulch shall be grade B shredded cypress bark, free of foreign matter. 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. 4.5 GROUNDS MAINTENANCE FUNCTIONS AND TASKS 4.5.1 Turf Care Maintain turf areas in a healthy, growing green and trim condition by performing the following operation: 4.5,1.1 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. 4.5. 1.2 Mowing General 4.5.1.2.1 Mowing shall be performed in a workmanlike manner that insures a smooth surface appearance without scalping or leaving any "missed" uncut grass. 4.5.1.2.2 Rotary mowers will be used on SI. Augustine grass. 4.5.1.2.3 N/A Bid # 82-98199 Dale Issued: 6/18199 City of Miami Beach 28 4.5.1.2.4 4.5.1.2.5 4.5.1.2.6 4.5.1.2.7 4.5.1.2.8 4.5.1.2.9 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 spririkler heads, curbs, or other facilities, 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. 4.5.1.3 Mowing Specifics 4.5.1.3.1 SI. Augustine Grass 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. 4.5.1.3.2 4.5.1.4 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. Trimming and Edging 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. 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. Rotary nylon "fish line" cutters 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. 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 eighteen (18") 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 Contractor's expense. All walks and other paved Bid # 82-98199 Date luued: 6/18199 City of Miami Beach , 29 areas littered in the lawn maintenance process shall be vacuumed, swept, or blown off while the mowing, edging, or trimm ing 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. 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 Contractor's expense. A copy for approval of a completed mowing schedule will be provided to the City's representative in a timely manner as requested. 4.5.2 Pruning Shrubs and Ground Cover Plants Bed Area Maintenance All shrubs and ground cover plants growing in the work areas shall be pruned, as required, to maintain plants in a healthy, growing, flowering condition and to maintain plant growth within reasonable bounds to prevent encroachment of passageways, walks, streets, view of signs or any manner deemed objectionable by the Project Manager. 4.5.2.1 Bed Area Maintenance The Contractor shall keep the bedded areas free of dead plants, leaves, and branches at all times. All beds shall be vertically edged, and kept weed free at all times. Edge grass at plant bed lines to keep grass from growing toward shrubs, keep the width of sod as it was originally placed. 4,5.2,2 Shrubs All shrub material shall be pruned a minimum of once per month to insure the best shape, health, and character of the individual plant.lrlechanical trimming may only be utilized when the health or appearance of the plant will not be damaged by the mechanical trimmers, 4.5.2.3 Groundcover All groundcover material shall be pruned a minimum of once per month to insure the best shape, health, and character of the individual plant, Goundcover plants shall be selectively cut back to encourage lateral growth and kept inbounds and out of other plantings, walkways, lighting, etc. Mechanical trimmings may only be utilized when the health or appearance of the plant will not be damaged by the mechanical trimmers. 4.5.3 Trees and Palm Pruning Trees and palms are to be maintained in a healthy, growing, safe, attractive condition and in their proper shape and size according to variety, species and function in the landscape or as speCifically directed by the Project Manager. 4.5.3.1 Pruning Natural Shaoinlr and Thinnini: Prune, thin, and trim all trees at least once a year to keep the trees healthy, to maintain the natural character of the variety, to control shape and to prevent crowding. Pruning in general shall consist of the removal of dead, broken, fungus infected, superfluous, and intertwining branches, vines, and the removal of dead or decaying stumps and other undesirable growth. Palms shall be pruned as needed to remove dead fronds and weak stalks. Certain Washingtonian Palms will be an exception to the pruning practices of normal palm maintenance when existing dead fronds are maintained. Pruning will also be required from time to time to remove damaged branches from storms, frost, pruning to prevent encroachment of branches over streets, into private property, obscuring view of signs or traffic, particularly at a road intersection, or interference with lighting, etc, Tree branches shall be pruned up to seven (7') feet over Bid # 82-98/99 Date Issued: 6/18199 City of Miami Beach / 30 walkways and in areas so designated by the Project Manager. All tree pruning shall be accomplished with standard practices including; Cuts should be made with sharp and proper tools. When cutting parts of branches, leave a living bud at the end of the stub. Make cuts sufficiently close to parent stem so that the healing can readily start under normal conditions. On trees known to be diseased, disinfect tools after each cut and between trees. Prune only at the time of season proper for the variety. Prune or trim. at least once or twice each growing season to keep the natural shape of the individual plant. Pruning shall include the following items: - Dead, dying or unsightly part of the tree - Remove sucker growth from base of the trees in which an exposed trunk character is desired - Branches that grow toward the center of tree - Crossed branches that may rub together - "V" crotches, if it does not ruin the appearance of the tree - Multiple leader if the tree normally has only a single stem - Nuisance growth that interferes with view, traffic, sign age, walks, or lighting. Nuisance growth includes the removal of all dangerous thoms, spikes or appendages which show potential conflict with people. - Shape top of small trees as needed All branches, dead wood, and cuttings shall be removed from the job site at time of pruning and disposed of in an acceptable manner. All lawn and shrub areas damaged by pruning equipment shall be restored. . 4.5.3.1 Staking and Guying - and Tree Set-Up Maintain existing and adjust tree stakes, guy wires and hoses or blocks, until trees are capable of standing vertical and/or resisting normal winds. 4,5,3.1.1 4.5.3.1.2 4.5.3,1.3 4.5.3,1.4 Bid # 82-98199 Date luued: 6/18199 City of Miami Beach The Contractor shaU be responsible for the complete removal and replacement of those trees lost due to the Contractor's faulty maintenance or negligence, as determined by the Project Manager. Replacement shall be made by the Contractor in the kind and size of tree determined by the Project Manager. Where there is a difference in value between the tree lost and the replacement tree, this difference will be deducted from the Contract payment. In aU cases, the value of the tree lost shaU be determined by the Project Manager using the latest "Plant Finder" value determination. AU trees that have died or have been blown or knocked over are to be reported immediately upon discovery to the Project Manager. With prior approval from the Project Manager, it is the Contractor's responsibility to remove and properly dispose of aU dead or injured trees and/or weed trees such as but not limited to Florida HoUy or Leucana or Australian Pine. Contractor shaU set and support trees that have been knocked or blown over. , 31