HomeMy WebLinkAboutAlton Road Medians Beautification Project
INVITATION FOR BIDS
ALTON ROAD MEDIANS BEAUTIFICATION PROJECT
BID # 38-05/06
BID OPENING: AUGUST 24,2006 AT 3:00 P.M.
Gus Lopez, CPPO, Procurement Director
PROCUREMENT DIVISION
1700 Convention Center Drive, Miami Beach, FL 33139
F:\PURC\$ALL \.10 HN\BI DS\05-06\ITB-38-05-06AL TON ROADM EDlAN (2 ).doc
CITY CLERK
9~/O~ -C:lC
OPERA TION PLAN
PURPOSE
This plan provides' for the actions to be taken by Superior Landscaping & Lawn Service, Inc. in
order to implement landscaping and irrigation work for the Alton Road Medians Beautification
Project.
ASSUMPTIONS
Superior Landscaping & Lawn Service, inc., in the implementation of this plan, assumes the
following:
· That it has been selected as the "Best Value" contractor for this project by the City of
Miami Beach
· That it has entered into contract with the City of Miami Beach for this project
RESOURCES
A listing of all available equipment and vehicles for this project may be reviewed by referring
to Attachment #15 of this package. These items are maintained in proper working conditions
by following a preventive maintenance schedule. This project will require the following
vehicles and equipment for implementation:
· Pickup truck / Cargo Van (crew transport to and from site)
· Water Truck
· 24' Flatbed Truck (2 each)
· 20-yd Dump Truck
· New Holland (2 each)
· 24' Box Delivery Truck (Material Transport)
· Backhoe
· Grapple Truck (Debris removal)
· Stump Grinder
· 50-gallon Sprayer
· Arrow board (MOT)
· Irrigation Utility Vehicle
· Trencher
Other vehicles or equipment may be scheduled as needed throughout
OPERA TION SCHEDULE
Proper project planning will aid in the implementation of this project. Work days are defined
as Monday through Friday from 6:30 AM to 3:30 PM. A tentative schedule and Gantt Chart
(Attachment # 13) has been created using a start date of October IS" 2006. This schedule may
3
be adjusted depending on start dates and otJler changes as required by the City and its
Architect and is subject to weather conditions. The basic milestones for this project are as
follows:
. Preparation
· Mobilization
· Grading & Excavation
· Relocations and Removals
· Irrigation Mainline & Laterals, Valves & Backtlow
· New Landscape Material Installations
· Irrigation Heads & Controller
· Manuals, As-built Drawings & Other Materials
. Final Inspection
· Maintenance (ongoing)
Administrative staff is also available and will support the project by recordkeeping, reporting
and providing customer service. The office is available via telephone, facsimile or e-mail
Monday through Friday from 8:30 AM to 6:00 PM.
CREW SIZE AND EXPERIENCE
A collaboration of all of Superior Landscaping & Lawn Service outside work departments wilt
be used throughout this project. The main workload of the project will be carried out by the
Landscaping & Irrigation Divisions. The excavation, grading, relocation, removals and
installations wiII be done utilizing the following personnel:
· Gustavo Valdes, Landscape Department Manager
· Jorge Arroyo, Landscape Project Manager
· Juan Vicario, Landscape Purchasing Manager
· Crew Leader & Heavy Equipment Operator (TBA)
· 7 Skilled Laborers (TBA)
The irrigation installations will be done utilizing the following personnel:
· Troy Pollock, Irrigation Department Manager
· Mario Santos, Irrigation Project Manager
· Irrigation Technician (TBA)
· 3 Skilled Laborers (TBA)
Maintenance required throughout the project and for the guarantee period, as well as
horticultural repOJ1ing will be done by the following personnel:
· Lydia McGee. Maintenance Depal1ment Manger, Staff Horticulturist
4
SWORN STATEMENT UNDER SECTION
287.133(3)(a). FLORIDA STATUTES. ON PUBLIC
ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to the City of Miami Beach
[print name of public entity]
by Betsy Quevedo, Assistant General Manager
[print individual's name and title]
for Superior Landscaping & Lawn Service, Inc.
[print name of entity submitting sworn statement]
whose business address is 2200 NW 23rd Avenue, Miami, FL 33142
and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0838100 (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
.)
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g), Florida Statutes.
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any business with any public entity or with an agency or political
subdivision of any other state or of the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity or an agency or political
subdivision of any other state or of the United States and Involving antitrust, fraud. theft. bribery,
collusion. racketeering. conspiracy. or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b). Florida
Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, In any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989. as a result of a jury verdict. nonjury trial. or entry of a
plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133 (1 )(a). Florida Statutes. means:
1) A predecessor or successor of a person convicted of a public entity crime; or
2) An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes those
officers, directors, executives, partners, shareholders, employees, members. and agents who
are active in the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of equipment or income
among persons when not for fair market value under an arm's length agreement, shall be a
prima facie case that one person controls another person. A person who knowingly enters
into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
AuIlU.t 11, 2008IAddendum No.1)
City of Miami B.ach
ITB No: 38.05108
5} I understand that a "person" as defined in Paragraph 287.133(1}(e}, Florida Statutes means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a pUblic entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees. members, and agents who are active in
management of an entity.
6) Based on Information and belief. the statement which I have marked below is true in relation to the
entity submitting this swom statement. [Indicate which statement applies.]
xxx Neither the entity submitting this swam statement, nor any officers. directors, executives,
partners. shareholders. employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this swom statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity, or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989.
The entity submitting this swom statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989. However, there has been a
subsequent proceeding before a Hearing Officer of the State of Florida, Division of
Administrative Hearings and the Final Order entered by the hearing Officer determined
that it was not In the public Interest to place the entity submitting this sworn statement on
the convicted vendor list. (attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY
ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC
ENTITY PRIOR TO ENTERING INTO A CONTRACT It,I-EX THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FO ORYTWO OF ANY CHANGE
IN THE INFORMATION CONTAINED IN THIS FO.R
Swom to and subscribed before me this 24th
Personally known XXXX
OR Produced identification
day of August
,2006
(Type of Identification)
August 18, 2001 (Addendum No.1)
City of Miami Beach
",,,III',,,
...' :\~y .o~"",! MARIA
lm'~~\ Notary PubUc. VALDES
;.,; 'sMt~ State 0' Florida
~~1OFF"<f';~':: Commlssl ~Octl4,2007
.""".... So On :# 00258564
Ilded By NatIonal Notary Assn.
ITB No: 38.olllOl
BIDfTENDER FORM
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
Submitted:August 24, 2006
Date
The undersigned, as Bidder, hereby declares that the only persons interested in this bid
as principal are named herein and that no person other than herein mentioned has any
interest in this bid or in the Contract to be entered into; that this bid is made without
connection with any other person, firm, or parties making a bid; and that it is, in all
respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself
fully of all conditions pertaining to the place where the Work is to be done; that it has
examined the Contract Documents and all addenda thereto furnished before the opening
of the bids, as acknowledged below; and that it has satisfied itself about the Work to be
performed; and all other required information with the bid; and that this bid is submitted
voluntarily and willingly.
The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision
of the State of Florida, pursuant to the terms and conditions of the Contract Documents
and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of
transportation, and all labor necessary to construct and complete within the time limits
specified the Work covered by the Contract Documents for the Project entitled:
The Bidder also agrees to furnish the required Certificate(s) of Insurance within fifteen
(15) calendar days after being notified of the award of the Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which
may be corrected by the City. In the event of a discrepancy between the price bid in
figures and the price bid in words, the price in words shall govern. Bidder agrees that
any unit price listed in the bid is to be multiplied by the stated quantity requirements in
order to arrive at the total.
Acknowledgment is hereby made of the following addenda (identified by number)
received since issuance of the Contract Documents.
Addendum #1 - 8/18/06
Addendum #2 - 8/21/06
Addendum #3 - 8/22/06
The Bidder shall acknowledge this bid by signing and completing the spaces provided
below.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
65
Name of Bidder: Superior Landscapinq & lawn Service, Inc.
City/State/Zip:
2200 NW 23rd Avenue
Miami, FL 33142
Telephone No.: (305) 634-0717
Social Security
No. or Federal
I.D.No.: 65-0838100
Dun and
Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
(Sian below if not incorporated)
BID NO: 38-05/06
DATE: 07121/06
(Type or Print NPRJe 61 BldaF.!r)
-
(Signature)
(Type or Print Name Signed Above)
SUperior Landscaping & lawn Service, Inc.
(Type or Print Name of Corporation)
'--- .. Asst. General Mana er
(Signature and Title)
CITY OF MIAMI BEACH
66
(CORPORATE SEAL)
Maria Valdes
(Type or Print Name Signed Above)
Incorporated under the laws of the State of: Florida
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
67
SUPPLEMENT TO BID/TENDER FORM
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY
ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS
DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED
WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST.
QUESTIONNAIRE
The undersigned authorized representative of the Bidder certifies the truth and accuracy of all
statements and the answers contained herein.
1. Bidders Name: Superior Landscaping & Lawn Service, Inc.
Address:
2200 NW 23rd Avenue
Miami
State: FL
Zip Code: 33142
City:
Tel. No.:(~) 634-0717
Facsimile No.: (305) 634-0744
2. Is your organization a:
XXXX Corporation
Partnership
Individual
3. Name of Contact Person in the Organization:
Primary: Betsy Quevedo
Secondary: Maria Valdes
Telephone No.: (305) 634-0717 ext 308
Telephone No.: (305) 634-0717 ext 315
4. How many years has your organization been in business while possessing one of the
licenses, certifications, or registrations specified in Section 00405?
License/Certification#/Registration#
159385-5
# Years
23
5. **FOR CORPORATIONS ONL Y**
Date Incorporated: 5/1998 State where Incorporated: Florida
If State of incorporation is other than Florida, provide date of Certificate of Authority to
Perform Work in Florida: NA . Firm shall include a current
contractor's license affirming that the contractor is authorized to do business in the State
of Florida.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
68
6. **FOR PARTNERSHIPS ONL Y**
PARTNERSHIP
(State whether general or limited partnership):
Date of Organization:
Name and Address of Principals:
7. **FOR SOLE PROPRIETORSHIPS ONLY **
Date of Organization:
Name and Address of Principals:
8.
** PRESENT OFFICERS**
Name
Home Address
President: Or lando otero
2200 NW 23 Avenue
Miami FL 33142
City State Zip Code
Vice President:
City
State
Zip Code
Secretary:
City
State
Zip Code
T Maria Valdes
reasurer:
2200 NW 23 Avenue
Miami
City
FL 33142
State
Zip Code
Registered Agent in Florida: Orlando otero
Address: 2200 NW 23rd Avenue
City: M; rlm;
State: FL
Zip Code: 33142
9. The names of the corporate officers, or partners, or individuals doing business under a
trade nam~Aare as follows:
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
69
10. List all organizations which were predecessors to Bidder or in which the principals or
officers of the Bidder were principals or officers.
None
11. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed
by or against the Bidder, its parent or subsidiaries or predecessor organizations during
the past five (5) years. Include in the description the disposition of each such petition.
None
12. List and describe all successful Performance or Payment Bond claims made to your
surety (ies) during the last five (5) years. The list and descriptions should include claims
against the bond of the Bidder and its predecessor organization(s).
None
13. List all claims, arbitrations, administrative hearings and lawsuits brought by or against
the Bidder or its predecessor organization(s) during the last five (5) years. The list shall
include all case names; case, arbitration or hearing identification numbers; the name of
the project over which the dispute arose; a description of the subject matter of the
dispute; and the final outcome of the claim.
None
14. List and describe all criminal proceedings or hearings concerning business related
offenses in which the Bidder, its principals or officers or predecessor organization(s)
were defendants.
None
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
70
15. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or
suspended from bidding by any government during the last five (5) years? If yes,
provide details.
No
16. Under what conditions does the Bidder request Change Orders.
Any annunt that deviates from the original contract price.
17. You must provide the names of all individuals or entities (including your sub-contractors)
with a controlling financial interest. The term "controlling financial interest" shall mean
the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in
any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm"
shall mean any corporation, partnership, business trust or any legal entity other than a
natural person.
Orlando otero & Maria Valdes
18. Individuals or entities (including our sub-contractors) with a controlling financial interest:
have XXX have not contributed to the campaign either directly or indirectly, of
a candidate who has been elected to the office of Mayor or City Commissioner for the
City of Miami Beach. Please provide the name(s) and date(s) of said contributions and
to whom said contribution was made.
NA
19. What is the last project of this nature that you have completed?
Miami-Dade County Trees, Palms, Landscaping Services & Relocation of
'l'rees & Palms
20. Have you ever failed to complete any work awarded to you? If so, where and why?
No
21. Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of
the Partnership or Owner of Sole Proprietorship ever been indicted, debarred,
disqualified or suspended from performing work for the Federal Government or any
State or Local Government or subdivision or agency thereof?
Yes
xxxxx
No
BID NO: 38-05/06
DATE: 07121/06
CITY OF MIAMI BEACH
71
22. Are any indictments, debarments, disqualifications, or suspensions referenced on the
previous page current?
Yes
xxx
No
If the answer to 21 or 22 is yes, attach a written detailed explanation.
23. Give owner names, addresses and telephone numbers, and surety and project names,
for all projects for which you have performed work, where your surety has intervened to
assist in completion of the project, whether or not a claim was made.
None
24. Is the Company a Qualified: Not applicable according to Addendum #1. Section III (b)
Minority Business Enterprise: Yes No
Women's Business Enterprise: Yes No
25. Submit your EEO program as a separate attachment.
Not applicable according to Addendum #1. Section III (b)
26. Financial Status:
What is your Company's Bonding Capacity $ 16 r 000 rOOD (sixteen million dollars)
Value of Ongoing Contract $ 300,000
Name of Surety: Hartford Insurance (Nielson-Rosenhaus, Agent)
Address: 5979 NW 151st STreet, Suite 105
City: Miami Lakes
State: FL
Zip Code: 33014
Telephone: (561) 432-5550
27. Has a representative of the Bidder completely inspected the proposed project and does
the Bidder have a complete plan for its performance?
Yes
BID NO: 38-05/06
DATE: 07121/06
CITY OF MIAMI BEACH
72
28.
Will you subcontract any part of this work? If so, give details including a list of each
subcontractor(s} that will perform work in excess of ten percent (10%) of the contract
amount, the approximate percentage, and the work that will be performed by each such
subcontractor(s}. Include the name of the subcontractor(s} and the approximate
percentage of work.
No
29.
What equipment do you own that is available for the work? ka
See Equipnent & Vehicle Inventory listing in the pa.c ge.
30.
What equipment will you purchase for the proposed work?
No
31. What equipment will you rent for the proposed work?
No
32. State the name of your proposed project manager(s} and superintendent and give
details of his or her qualifications and experience in managing similar work.
Gustava Valdes - Mr. Valdes I resume is included in this pa.ckage
THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO REQUEST ADDITIONAL
INFORMATION, BEYOND THAT CONTAINED IN THIS QUESTIONNAIRE, THAT MAY BE
REQUIRED TO PROPERLY EVALUATE THE APPLICANT'S QUALIFICATIONS.
FIRMS THAT FAIL TO SUBMIT ALL THE INFORMATION CONTAINED IN THIS
QUESTIONNAIRE OR ANY OTHER INFORMATION REQUESTED BY THE CITY OF MIAMI
BEACH MAY HAVE THEIR BIDS DEEMED NON-RESPONSIVE.
PROSPECTIVE BIDDERS ARE HEREBY ADVISED THAT IT WILL BE THEIR
RESPONSIBILITY TO COMPLY WITH ALL FEDERAL AND STATE OF FLORIDA STATUTES
AND REGULATIONS GOVERNING THIS TYPE OF PROJECT.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
73
VALIDATION:
The undersigned certifies that the information provided in this questionnaire is correct and
accurate.
IF PARTNERSHIP:
Signature
Print Name of Firm
Print Name
Address
Orlando otero
Print Name
Title: President
Superior Landscaping & !.awn Service, Inc.
Print Name of Corporation
2200 NW 23 Avenue, Miami, FL 33142
Address
WI~~~~
, ...~.. . ~.-
Signature
Betsy Quevedo
Print Name
(CORPORATE SEAL)
Valdes
Secretary
BID NO: 38-05/06
DATE: 07121/06
CITY OF MIAMI BEACH
74
SUPPLEMENT TO BID/TENDER FORM NON-COLLUSION CERTIFICATE
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE
DEEMED RESPONSIBLE.
Submitted this 24th day of August
,2006.
The undersigned, as Bidder, declares that the only persons interested in this Bid are named
herein; that no other person has any interest in this Bid or in the Contract to which this Bid
pertains; that this Bid is made without connection or arrangement with any other person; and
that this Bid is in every respect fair and made in good faith, without collusion or fraud.
The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the Bidder
and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid
pertains.
The Bidder states that thi J:~.id is based upon the documents identified by the following number:
Bid No. 38-05/0 '"
Betsy Quevedo
PRINTED NAME
Assistant General Manager
TITLE (IF CORPORATION)
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
75
SUPPLEMENT TO BID/TENDER FORM
DRUG FREE WORKPLACE CERTIFICATION
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE
DEEMED RESPONSIBLE.
The undersigned Bidder hereby certified that it will provide a drug-free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the offeror's
workplace, and specifying the actions that will be taken against employees for violations of
such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the statement
required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a
condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug
statute for a violation occurring in the workplace no later than five (5) calendar days
after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is convicted
of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
76
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free
implementation of subparagraphs(1) through (6).
through
(Bidder Signature)
STATE OF Florida
Superior Landscaping & Lawn Service
(Print Ve"ndor Name)
COUNTY OF Dade
The foregoing instrument was acknowledged before me this 24th day of August
20 06 , by Betsy OUevedo as
(name of person whose signature is being notarized)
Asst. General Manager{title) of Superior Landscaping & Lawn ~ice, Inc.
(name of corporation/company)
nown to me to be the person described herein, or who produced as
I en Ilca Ion d 0 did/did not take an oath.
Maria Valdes
(Print Name)
.,,~:.l!~~~ MARIA VAl.DEs
!~m\ Notary PublIc . State of Florida
i' .JMiCaI.,....,~Octl4,2007
~~!PFf\o~~ Commission # 00258564
""",,,- Bonded By NalIonaI Notary Assn
"'\
My commission expires: to J /1.{/ Z007
t I
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
77
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. Superior Landscaping & Lawn Service, Inc.
Safety Program
Page i of29
Table of Contents
Safety Policy Employer Information ................................................................................. 1
Foreword ..................................... .................................... .................................................... 1
Company Safety G uid ing Pri nciples............................................................................. .... 1
Safety - Assigned Responsibilities .................................................................................. 2
ANSI Z133 Standard & Employee Understanding ........................................................... 3
Safety Rules......................... ............................ ............................................. ...................... 4
The Safety Committee................................ ..................................................... ......... .......... 5
Shop/Material Handling Safety Guidelines ...................................................................... 6
Emergency Action Plan ............................................................. .......................... .............. 6
Fire Emergency Plan..................................... ................................... .................................. 7
Hazard Comm u n ication .................................................................................. ................... 8
D rug/Alcohol Free Workplace....... .................................. ............. ..................................... 9
Hazard assessment for personal protective equipment ................................................10
Back Inj u ry Prevention ............................ ................................. ...... .............................. ....12
Disciplinary P roced u res ................................ .................................................................. .13
Specific Operational Procedures & Safety Guidelines ..................................................14
Driver Standard Operating Procedures & Safety Guidelines ........................................15
Veh icle post-tri pins pections/re porti ng...................................................... .................... .16
Work Zone Setu p........................................................ ............... ........... ............................ .17
Accident Investigation............................. ........................................................................ .22
Vehicle Accidents - What to do .......................................................................................22
LockoutlT agout .......................................................................... ...................................... .23
Ae rial Lift T esti ng ................................ .................................... ............. ............................ .24
Crane Inspection................................... ........................................................................... .25
Acknowledgment of Receipt and Review of Safety Policy & Guidelines .....................27
Page ii of29
Safety Policy Employer Information
ADDRESS:
2200 NW 23'd Avenue
CITY:
Miami
STATE:
Florida
ZIP:
33142
TELEPHONE NUMBER:
(305) 634-0717
TYPE OF BUSINESS:
Landscape Contractor
MAIN ACTIVITIES:
LANDSCAPE & IRRIGATION DESIGN, INSTALLATION
AND MAINTENANCE, ARBOR SERVICES, PESTICIDE
AND FERTILIZATION
Foreword
These policies of Superior Landscaping represent general guidelines. They are not inflexible rules
or requirements. They may be changed by the company at any time without notice or modified as
individual circumstances may require in the best interests of efficient management of the
company. Nothing in the policies as they now exist or may in the future be revised, is intended or
should be construed as a contract of employment, express or implied, nor a promise of
employment for a specific period of time, nor a requirement that any specific procedure be
followed in handling personnel issues.
Company Safety Guiding Principles
To All Employees:
The following policies of Superior Landscaping are not inflexible rules or requirements. They
may be changed by the Company at any time without notice or modified as individual
circumstances may require in the best interests of efficient management of the Company. Nothing
in the policies as they now exist, or may in the future be revised, is intended or should be
construed as a contract of employment, express or implied, nor as a promise of employment for a
specific period of time, nor as a requirement that any specific procedure be followed in handling
personnel issues.
Company management will provide safe and healthy working conditions. All employees must
follow safe practices at all times. All employees must accept and follow all rules of safety.
Whenever an employee finds an unsafe condition they must report it immediately to their
supervisor, safety personnel, or management. Any injury that occurs on the job, even a slight cut
or strain, is to be reported to management as soon as possible. In no circumstance except an
emergency, should an employee leave a shift without reporting an injury that occurred.
All employees including office personnel will be trained in safe practices. The training will be
done by video or by training from the employees' supervisor.
Page I of 29
If the employee is observed using an unsafe practice, he or she will receive a written violation
warning. Once the employee receives three (3) written warnings, he or she will be automatically
suspended for one (1) workday without pay.
Superior Landscaping will make every effort to maintain safe working conditions. However, the
principal responsibility for safety falls upon you, the employee!
All employees are asked to inform their supervisor, safety committee personnel, or management
of any work hazards of which they might be aware. Superior Landscaping will arrange for you to
supply information anonymously if you do not wish to be identified. No employee should fear
reprisal for notifying management of any safety hazards. In fact, we encourage all employees to
inform us immediately of any hazard, no matter how small it may seem.
All safety and health suggestions that we receive wilI be reviewed. We wilI then determine what
action is necessary. All suggestions shall receive a response.
The injured employee's supervisor or someone from management will investigate all
occupational injuries and ilInesses that are job-related. Particular attention wilI be given to
methods to prevent future situations that caused the injury or illness.
All employees wiIl receive prompt and timely safety training. Safety rules and safe practices will
be emphasized at these training sessions.
All new employees wilI receive a copy of the summary, to be signed and put in their file,
indicating that they have be.en trained at the beginning of employment. Any employee given a
new job assignment, for which training has not previously been received, wiIl be trained in that
particular job immediately.
Records will be kept of all training provided. These records will indicate the type of training
given, date, the name of the training provider and the employee's signature.
Safety - Assigned Responsibilities
Manager
In effectively executing their safety responsibilities, managers will:
a Familiarize themselves with the safety program and ensure its effective implementation.
a Be aware of all safety considerations when introducing a new process, procedure, machine or
material to the workplace.
a Give maximum support to all programs and committees whose function is to promote safety
and health.
a Actively participate in safety activities as required.
a Review serious accidents to ensure that proper reports are completed, and appropriate action
is taken to prevent recurrences.
Page 2 of 29
Supervisors
Their responsibilities are to:
o Familiarize themselves with company safety policies, programs and procedures.
o Provide appropriate safety training to employees prior to the assignment of duties.
o Consistently and fairly enforce all company safety rules.
o Investigate injuries to detennine cause, then take action to prevent recurrence.
o See that all injuries, no matter how minor, are treated immediately and referred to the front
office to ensure prompt reporting to the insurance carrier.
o Inspect work areas often to detect unsafe conditions and work practices. Use company self-
inspection checklists as required.
All Employees
Employee responsibilities for safety include the following:
o Adhere to all safety rules and regulations.
o Wear appropriate personal protective equipment as required.
o Maintain equipment in good condition, with all safety guards in place when in operation.
o Report all injuries and near misses, no matter how minor, immediately to their supervisor,
safety personnel or management.
o Encourage coworkers to work safely.
o Report unsafe acts and conditions to their supervisor, safety personnel, or management.
ANSI Z133 Standard & Employee Understanding
As an employee of Superior Landscaping & Lawn Service, Inc., you need to review and
understand the requirements of the ANSI Z133.1-2000 Standard.
You need to understand that the Z133 Standard was developed by arborists, for arborists under
the standards-developing procedures created by the American National Standards Institute,
creating what this industry's safety experts feel are the minimum acceptable standards of practice
for safety in arboriculture. It represents the collective wisdom and experience of countless
arborists.
You need to realize that this or any standard cannot cover every situation. For instance, the Z133
Standard states that specialized practices or personnel emergencies may require modification of
standard requirements, and that it is not intended to limit the options available to you in either of
those situations. You should not expect to have to deviate from the Standard's requirements, but
if you do, you will have to be able to justifY your actions.
You need to understand the difference between "Should" and "Shall" as they are used in the
standard. The word "Should" indicates an advisory statement where it is feasible that the actions
you take might be different from the prescribed practice. A. "Shall" indicates a mandatory
requirement, where it is inconceivable that your actions would have to deviate from the
prescribed practice, except where exceptions are noted in the Standard.
Finally, you need to understand that the Z133 Standard does not take precedence over, or take the
place of, the safe work policies of Superior Landscaping
Page 3 of 29
Safety Rules
For the protection and safety of all employees, Superior Landscaping has established the
following rules designed to prevent accidents and injuries. Compliance with these rules is
mandatory. Documentation will be made when the rules are distributed to new employees.
Proper footwear and clothing will be worn at all times.
Do not wear loose clothing, jewelry, or keep long hair in a down position. There is a danger of
catching such articles in moving machinery.
Horseplay, running, fighting or any activity that may result in injury or waste will not be
tolerated.
Appropriate personal protective equipment, or PPE, will be worn for the task(s) at hand, as
specified by training and job briefing(s).
Operate machinery with all guards in place. Tampering with safety devices is cause for
immediate disciplinary action.
Do not operate any machine you are not familiar with or have not been trained on and authorized
to use.
~achines ~~t .nc;:vc;:rbe. (;Ieane.d,ad1ustc;:d ~r .rep,airedul1tiI the lUachinc;: is tllrTlecloff, thc;:circuit is i
interrupted at the power source (including lock-out) and a warning tag is placed at the controls.
Each person involved in maintenance must use his own personal padlock to ensure total lack of
power until all work has been completed.
Any defects in materials, machinery, tools and equipment must be reported immediately to a
supervisor, safety personnel, or management.
Do not leave tools, materials, or other objects on the floor that might cause others to trip and fall.
Do not block exits, fire doors, aisles, fire extinguishers, gas meters, electrical panels or traffic
lanes.
Avoid injury by attempting to lift or push excessive loads. If an object is too heavy to move
without strain, ASK FOR HELP.
Observe the correct posture for lifting. Stand with your feet slightly apart, assume a squatting
position with knees bent, and tuck your chin into your chest. Tilt head forward, grasp the load
with both hands, and gradually push up with your legs, keeping your back straight and avoiding
any abrupt movement.
Do not distract others while working. When approaching a coworker for any purpose, do so from
the front or the side in a way that they will see you coming and will not be startled or surprised. If
conversation is necessary, first make sure that it is safe.
Do not allow oil, water or any other material to remain on the floor for long periods of time where
you or others may slip. Report any slip and fall problems to your supervisor.
Page 4 of 29
Comment [Nl]: This requirement,
as it is worded, would be difficult to
apply to a chipper, and actually
exceed OSHA requirements. I
suggest the following, excerpted from
the ANSI Z133.1-2001 Standard:
Sequence for securing equipment
LThe authorized person shall notify the
crew andlor affected employees that
maintenance/repair is to be done and that
such equipment must be shut down and
secured.
2.The authorized person shall refer to the
manufacturet's manual for proper
procedures (as needed).
3.lf equipment is in an operational mode.
shut it down by normal procedures.
4.Keyed ignition systems must be in
working order. Keys shall be removed
and pocketed by the foreman of
mechanic. When there is no keyed
ignition system, the battery cables or
spark plug wires may be disconnected.
S.Materialslparts that must be raised or
di sconnected and suspended shall be
properly secured, such as with an
appropriate sling or jackSland. Flywheels.
such as chipper cutter heads. are to be
blocked to prevent pinch points.
6.Disengage the power take-off before
selVicingkepairing, such as with hose
replacement. Disconnect all hydraulic
tools before adjusting or servicing. Do
not attempt to stop a hydraulic leak with
your body.
7.Rotating parts. such as chipper blades,
shall be stopped before
maintenance/repair.
8.Ensure that equipment is isolated and
will not operate before proceeding with
maintenance/repair.
9.When the engine must be running for
tuning or adjuSbnent. Special care must
be given to moving parts.
Restoring equipment to service
When maintenance/repair is complete and
equipment is ready to return to normal
operation, the following steps shall be
taken.
I.Check for loose parts or tools that may
have been left in the immediate area to
prevent accidental contact with moving or
electrical components when the
equipment is engaged.
2.Ensure that all guards are in place and
employees are in the clear.
3.Confinn that controls are in neutral.
4.Reconnect key, cable or plug wires.
Notify affected employees that
equipment is ready to retum to
service.
When handling hazardous materials, be sure to folIow prescribed safety procedures and use
required safety equipment. When using secondary containers filIed by others, be sure they are
labeled as to their contents and hazards. Know your Material Data Safety Sheets (MSDS) and
where they are located. Review them often.
Use appropriate gloves when handling materials with sharp or jagged edges, when handling
chemicals, when handling hot material, or to protect your hands in general.
Do not attempt to operate machinery for which you are not trained.
Unnecessary and excessive haste is the cause for many accidents. Exercise caution at alI times.
AII work related injuries and accidents, no matter how minor, must be reported immediately to
your supervisor, safety personnel, or management.
Employees should be understand and comply with alI sections of the ANSI ZI33.1 Standard that
apply to their job activities.
AII employees must be thoroughly familiar with these basic safety rules. Failure to comply with
safety rules or procedures, or failure to wear the appropriate safety equipment, will result in
disciplinary action up to and including termination.
The Safety Committee
The Safety Director will be responsible for the formation of a Safety Committee and will direct
the activity by establishing and maintaining a functional accident prevention program. The
program should be designed to eliminate workplace hazards and protect workers at alIlevels.
Objective
The Safety Committee shalI assist the Safety Director in the development and implementation of
an aggressive accident prevention program. The individual experience, unique training, and the
specialized training of the committee members should guide the program development process.
Membership
The size of the safety committee will vary with the size of the business and should be large
enough to accomplish the goals and work together effectively. TypicalIy, membership should
include the Safety Director, the Production Manager or Department Supervisor, and an employee
of each of the trades or departments within the company.
Procedures
The safety committee will meet on a monthly basis, with minutes held (see form below). The
minutes are to be distributed to alI committee members, the location General Manager and all
Department Heads.
Recommendations should be classified as administrative or operational, and further identified by
the month submitted and a number. They should be tracked and those not completed should be
entered into the minutes of the current meeting, with a specific plan or outline for resolution.
Page 5 of 29
Shop/Material Handling Safety Guidelines
o Employees must keep floors clean, dry, and free of oil, water or other liquids.
o Employees shall not lift any more than one object at a time.
o Proper lifting techniques shall be used (back injury prevention training is required for
employees in this job safety class).
o Employees operating mechanical material handling equipment must be qualified by training
and authorized by the area supervisor to do so.
o Employees must wear appropriate footwear. No tennis shoes (sneakers) allowed.
Emergency Action Plan
The following details the organizational structure of our plan and outlines emergency measures to
. be taken in the event of fire or other emergency.
Remember, your conduct and actions during the first few minutes of any emergency may not only
save your life, but the lives of your fellow workers and other members of the community as well.
General Information
Two important telephone calls need to be made if the facility is to be evacuated because of a fire
or disaster within the facility, or an external hazardous condition threatening the facility. If either
of these two situations occur, notify 911 (Emergency Medical Services and Police).
Upon order of management or other person(s) in charge to totally evacuate the facility, the
company will initiate evacuation center receiving plan. It may be necessary to transport company
personnel to a local evacuation center. Priority of evacuation may be a necessity if there are
handicapped employees.
Materials and supplies to be evacuated include, but may not be limited to, first aid kits, the MSDS
binder and the personnel roster.
Responsibilities
The Safety Director will:
o Coordinate the Emergency Evacuation Plan throughout the facility.
o Make certain the Program is familiar to all personnel and that all new employees are
promptly oriented.
o Schedule education as necessary
The Safety Director will be aided by the Supervisors who will:
o Facilitate the Emergency Evacuation Plan.
o Keep contact check on all personnel to be sure that they are completely familiar with all
phases of the Plan that they are required to know.
o See that personnel participate in awareness training, fire classes, and other practices sessions
as necessary.
o Be certain that all personnel are familiar with fire extinguishers, and make thorough fire
prevention inspections when they are assigned to do so.
o Take the necessary steps required to correct any fire hazards discovered.
Page 6 of 29
It is the duty of every employee to:
Cl Be completely familiar with the Emergency Evacuation Plan and their duties or
responsibilities in the program
Cl Participate in all fire drills and practice sessions.
Cl Attend all fire training classes when assigned.
Cl Learn the location of and how to operate fire alann systems and all fire extinguishing
equipment.
Cl Report any fire and/or safety hazard located any place on company property.
Fire Emergency Plan
Keep Calm. . . Report all fires and smoke
Personnel have been assigned to:
Cl Sound the internal fire alann
Cl Notify office staff
Cl Remove personnel from the building
Cl Close all doors and windows in the fire area--ONL Y if this can be done safely
Cl Notify the fire department
The person reporting the fire to the fire department will provide them with the following
infonnation:
Cl Superior Landscaping & Lawn Service, Inc.
Cl 2200 NW 23'd Avenue, Miami, FL 33142
Cl What is burning (machines, paper, etc.)
Cl Location of fire (roof, plant, office, etc.)
Cl Type of fire (electrical, liquid, etc.)
Additional assignments have been made to attempt to extinguish fire with the use of on-premises
equipment (extinguishers, hoses, etc.). A minimum of two persons is required to fight a fire. To
ensure employee safety, this is to be done only during the early stages of the fire.
Working away from the involved area, personnel will be assigned to:
Cl Clear the aisles, hallways and other areas of personnel and visitors
Cl Close all doors and windows
Cl Check driveways to see that they are clear for entry of fire fighting equipment
Cl Wait at the front entrance for the arrival of fire fighting equipment. Direct the firemen to the
fire if necessary.
Re-entry onto the property will not be pennitted until it is declared safe to do so by management,
or by the local fire/law enforcement officials.
Page 7 of 29
Hazard Communication
Name of Contact Person:
Title:
Hazard Evaluation
Chemical manufacturers and importers are required to review the available scientific evidence
concerning the hazards of the chemicals they produce, then report that information to employees
who purchase their product. In most cases, Superior Landscaping will choose to rely on the
evaluations performed by our suppliers. If for some reason we do not trust the evaluation of the
manufacturer, we will arrange for additional testing.
We will consider the following chemicals used in our business to be hazardous:
I. 7.
2 ~
3. 9.
~ I~
5. 11.
~ 12
Labels & Other Forms of Warning
We will make certain that containers are adequately labeled to identifY the hazardous chemicals
they contain and will show hazard warnings appropriate for your protection. The warnings will
use a combination of words, pictures and symbols that will communicate the hazards of the
chemical(s) in the container. The labels will be legible and prominently displayed. Our training
program will include instruction on how to read and interpret label information.
Exceptions to this rule are as follows:
We are permitted to post signs that convey the hazard information if there are a number of
stationary containers in a given area, which have similar contents and hazards.
We are not required to label portable containers, as long as the transferred chemical is for
immediate use by the employee who made the transfer.
We are not required to label pipes or piping systems.
Material Safety Data Sheets (MSDS)
The management of Superior Landscaping is responsible for obtaining or developing an MSDS
for each chemical used in the workplace. Each MSDS will include the specific chemical identity
of the chemical involved and the common names.
Each data sheet will provide information on the physical and chemical characteristics of the
chemical; known acute and chronic health effects and related health information; exposure limits;
whether the chemical is considered to be a carcinogen; precautionary measures; emergency and
first aid procedures; and the identification of the organization responsible for preparing the sheet,
how to store the chemical, and how to transport the chemical.
Page 8 of 29
An assigned person or persons will be responsible for maintaining the MSDS's describing
chemicals used in hislher department and for keeping them readily available to employees.
Our training program will include instructions on how to read and interpret information on an
MSDS, and how you can obtain and use the available hazard information.
Employee Training
It is the goal of Superior Landscaping to provide hazard communication training during the first
30 days of employment and whenever a new chemical is introduced to a given work area.
Training will be done in a meeting setting and will be conducted by the Program Coordinator or
another who has been properly trained.
The training program will consist of:
o How the hazard communication program is implemented, how to read and interpret
information on labels and MSDS, and how employees can obtain and use the available hazard
information.
o The hazards of chemicals to which employees are exposed in the work area.
o Measures employees can take to protect themselves from the hazards
o Specific procedures put into effect by the company to provide protection, such as personal
protective equipment, mechanical guards, or protective processes.
o Methods that you can use, such as visual appearance or smell, to detect presence of hazardous
chemicals to which you or your co-workers may be exposed.
o Name and/or job title of who you can go to if you have questions.
Drug/Alcohol Free Workplace
It is the policy of Superior Landscaping that its employees are free from alcohol and controlled
substances to maintain a safe and healthy work environment. Being fit for duty is a condition of
employment for each employee. To that end, our drug/alcohol free workplace program includes
drug and alcohol testing, education and training, prevention and intervention, and an Employee
Assistance Program for the treatment of alcohol and/or drug abuse.
In addition, the following rules apply:
.
Superior Landscaping will not hire individuals who test positive for alcohol or illegally used
controlled substances.
Employees may not use, possess, sell, manufacture or distribute illegal drugs while
performing Company business, while in a Company-owned vehicle or while on Company
property.
Employees are prohibited from using, possessing or selling alcohol or products that contain
alcohol while performing Company business, while in a Company-owned vehicle or while on
Company property. (Optional language: Exceptions to this rule regarding alcohol may be
made for certain company sponsored social functions, only if authorized by the President of
the company or his designee.)
The Company reserves the right to inspect Company vehicles and/or property at any time and
for any reason, whether locked or otherwise, and to inspect personal property while located in
a Company vehicle or on Company property, or at any site where employees may be sent on
Company business.
Employees who are convicted of a drug related offense would be considered in violation of
this policy. In addition, employees who are convicted of a drug-related offense or a felony
.
.
.
.
Page 9 of29
alcohol offense must report such convictions to their Supervisor within five days of the
conviction.
· Employees using prescription or over-the-counter drugs are responsible for their side effects
and precautions which may affect their ability to perform their job. Employees using these
products should consult their doctor before doing so.
· Sharing prescription drugs is in violation of both our Company policy and Federal law. Only
the person to whom a drug is prescribed is allowed to take that drug. Employees who share
their own prescription, take another person's prescription, and/or test positive for a
prescription drug and who cannot validate that. prescription for that drug will be considered
in violation of this policy.
· Individuals found to be in violation of this policy will be subject to disciplinary action up to
and including possible termination of employment, even for a first offense.
Hazard assessment for personal protective equipment
The following table contains descriptions of the typical tasks encountered in tree care and some
of the potential hazards associated with them.
Hazards Assessment Table
Tasks Potential Hazards Information Sources PPE Required
Aerial lift operations conductors, equipment Tailgate Session #24; hard hat, safety
failure, falls, hydraulic ANSI Z133.1 5,6.2 glasses, hearing
leaks, steep/uneven slopes protection, gloves, full
body harness & shock
absorbing lanyard Q!:
body belt and lanyard
Brush removal & chipping awkward movements and Tailgate Session #39; hardhat, safety glasses,
postures, flying debris, Tailgate Session #18; face shield, hearing
carrying heavy weights, ANSI Z133.1 9.6 protection, gloves
moving parts, noise, slips,
trips, and falls
Chain saw maintenance hot exhausts, cuts Tailgate Session #28 hard hat, safety
glasses, gloves
Chain saw operation awkward postures, hot Tailgate Session #29; hard hat, safety
exhausts, cuts, improper ANSI Z133.1 7.2 glasses, hearing
stance, kickback, noise, protection, gloves,
slips, trips, and falls; chainsaw chaps (when
vibrations working on the
ground)
Chipper Maintenance Amputation, cuts, pinch Tailgate Session #60, hard hat, safety
points ANSI Z133.1 6.3 glasses, hearing
protection, gloves
Climbing cutting climbing line, falls, Tailgate Sessions #19, hard hat, safety
conductors, rope failure, 20, 31, 32; ANSI glasses, hearing
tree decay, worn Z133.1 5, 9.1 protection, gloves, fall
equipment, protection
insects/animals
Driving other drivers, road and Tailgate Sessions #41, Seatbelts
weather conditions 42,43,44
Page 10 of 29
Hand Tool Use awkward postures, Tailgate Session #30; hard hat, safety
conductors, cuts, splinters ANSI Z133.1 5, 8.1- glasses, gloves
8.10
Ladder Use conductors, falls, ladder Tailgate Session #22; hardhat, safety glasses
failure ANSI Z133.1 8.11
Limb Removal for Take- breaking ropes and/or Tailgate Session #35; hard hat, safety
Down crotches, conductors, ANSI Z133. I 5, 9.4 glasses, gloves
falling and/or splitting
limbs
Limbing and Bucking awkward posture, limbs; Tailgate Session # 37; hard hat, safety
snapping, slips, trips, and ANSI Z133.l 9.7 glasses, gloves
falls, tree rolling
Use of mower, brush hidden objects, terrain, hard hat, safety
cutter, string trimmer traffic glasses; hearing
protection
Pesticide Handling & equipment failure, Tailgate Session # 45, hard hat, goggles or
Application/Spraying & excessive drift, . poor 54ANSI Z133.1 6.4 face shield, long-
Spill cleanup personal hygiene, spills, sleeved shirt, rubber
vehicle collision boots (if walking),
chemical resistant
gloves
Pruning and Trimming barber chairs, falling Tailgate Session #33; hard hat, safety
branches, conductors ANSI Z133. I 5, 9.2 glasses,
Storm Work Hidden/dislodged Tailgate Session #10; hard hat, safety
conductors, damaged ANSI Z133.1 5.3 glasses, foul weather
trees, wood under tension, gear
fatigue, working at night,
working on unfamiliar
system, unannounced re-
energizing of lines
Stump Grinding flying debris, moving Tailgate Session #40; hard hat, safety
parts, noise ANSI Z133. I 6.5 glasses, face shield,
hearing protection
Traffic Control topography, volume and Tailgate Session 3' hard hat, safety
,
speed of traffic, time of ANSI Z133. I 4.4 glasses, reflective vest,
day, weather conditions flag or signs
Trailer Towing & Setup hitch failure, jack failures, Tailgate Session #38 hard hat, safety
vehicular traffic glasses, traffic cones
and sie:ns, gloves
Tree Take-Down barber chairs, conductors, Tailgate Session #36; hard hat, safety
cuts, struck-bys ANSI Z133.1 5,9.5 glasses, hearing
protection, gloves,
chainsaw chaps
NOTE: The hazards in bold represent musculo-skeletal disorder (MSD) risk factors that should
be minimized (duration, frequency and/or magnitude) to the extent possible or eliminated. MSD
signs are decreased range of motion, deformity, decreased grip strength and loss of function.
MSD symptoms are numbness, burning, pain, tingling, cramping and stiffness.
Other hazards that apply to some/all of the above tasks: Drug Use and/or Alcohol Abuse; Fatigue;
Fire; Lyme Disease; Poisonous Plants; Violent Workers/Customers; Weather.
Page I I of29
Back Injury Prevention
Causes of back injury
Pulling, twisting, and slipping are the most common causes of back injuries. Lifting objects
improperly can also hurt the back. Lifting with the back and not the legs, lifting from an awkward
position, or trying to move material too large for one person can lead to injury.
Even simple movements can cause back injury. Stepping from a truck, bending over for a small
tool, or over-reaching can strain back muscles.
Table 1 below ranks the most. frequent causes of back injury in tree care in descending order.
Muscle strains and sprains - soft
tissue injuries - cause most arborists'
back problems. These are temporary
injuries. More important, strains and
sprains usually precede more serious,
chronic and debilitating injuries to
the ligaments, discs and vertebrae. In
a sense, soft tissue injuries are
warning signals that more serious,
permanent injury could occur.
Therefore your back injury
prevention program should focus on
preventing strains and sprains.
Preventive measures
Arborists can keep their backs
healthy with stretching and exercise,
by knowing how the back works, and
by using simple lifting techniques.
Here are attainable objectives for
your company's back injury
prevention program:
Table 1 - How Back Injuries Happen
Lifting. . .
large objects
irregularly-shaped objects
over the shoulder
Twisting. . .
while feeding brush into a chipper
while positioning in a bucket or a tree
while dragging brush, reaching, using long poles
from sudden slips due to poor ground conditions
on slippery equipment in snow or rain
Jumping. . .
off truck bed or out of truck cab
over fences
off ladders
out of trees
Pulling. . .
ropes
hangers
trees, on removals
Provide continuous training for all employees to raise their
awareness of how the back can be injured.
Develop action steps employees can use to detect and eliminate
conditions likely to cause back injury - see this program's
sections on hazard reporting (16), safety committees (23), job
hazard assessment (15) and job briefings (17).
Motivate employees to take responsibility for back safety at work
and at home.
Page 12 of29
Before lifting any weight:
The following procedures are taken from Annex C of the ANSI Z133 Standard:
(a) Be sure clear the travel path available if the weight is to be carried from one place to
another.
(b) Decide exactly how the object should be grasped to avoid sharp edges, slivers, splinters,
or other things that might cause injury.
(c) Make a preliminary lift to be sure the load can be
safely handled.
(d) Place feet solidly on the walking surface.
(e) Crouch as close to the load as possible with legs
bent at an angle of about 90 degrees.
(t) Keep back as straight as possible. It may be far
from vertical but should not be arched.
(g) Lift with the legs, not the back, keeping the
weight as close to the body as possible.
(h) Use a second worker when necessary.
Stretching and exercises
The professional athlete must maintain a high level of production and effort to win. The same is
true for an employee, who must perform at peak efficiency.
Strains of the lower back muscles, the most common back injury, usually occur because the
muscles are cold and tight. If the athlete warms up and stretches to avoid injury, then why not the
worker?
Superior Landscaping will provide you with information on simple, quick warm-up/stretches that
you can perform prior to heavy exertion.
Disciplinary Procedures
Employees who fail to comply with safety rules will be subject to disciplinary action up to and
including termination. Supervisors will follow the normal disciplinary procedures as follows:
I. Verbal counseling - must be documented in the employee's personnel file.
2. Written warning - outlining nature of offense and necessary corrective action.
3. Suspension without pay - one (I) working day without pay - the third step or a separate
disciplinary action resulting from a serious violation.
Page 13 of29
4. Termination - if an employee is to be terminated, specific and documented communication
between the supervisor and the employee must occur.
Supervisors will be subject to disciplinary action for the following reasons:
Repeated safety rule violation by their department employees.
· Failure to provide adequate training prior to job assignment.
· Failure to report accidents and provide medical attention to employees injured at work.
· Failure to control unsafe conditions or work practices.
· Failure to maintain good housekeeping standards and cleanliness in their departments.
Supervisors who fail to maintain high standards of safety within their departments will be
demoted or terminated after three documented warnings have been levied during any calendar
year.
Specific Operational Procedures & Safety Guidelines
Cosmetic appearance of trucks and equipment is in the strictest sense a maintenance function that
is overlooked all too often. However, it is something that must be followed on a continuing basis
to keep it in check.
Stump Grinder
[J Check all moving parts and hoses before operations
[J Stand clear of stump when grinding
[J Keep restraining curtain in place, turn motor off and be sure grinding wheel is prevented from
turning when servicing or adjusting
[J Do not move from operating position until grinding wheel has stopped turning
[J Observe all operating procedures as posted
[J When transporting, secure with load binders at all times
[J PPE (ear protection, mask and hardhat) must be worn
Truck
[J Perform pre-trip inspection before operations and
post-trip inspection after operations
[J Report any problems immediately to your
supervisors
[J Maintain maintenance log at all times
[J PPE as directed (head protection, hands, eye
protection) must be worn
[J Check chainsaw for fuel and oil before using and
removing from truck
[J Chock wheels when parking and set brake
Chipper
[J Make sure all safety devices are functional before
operating
[J Observe lockout procedures when changing knives
Page 14 of29
Techniques for fewer problems
with the chipper
[J Always let chipper warm up for
3 minutes.
[J Have up to high rpm before
feeding heavy sticks.
[J Ifunit lugs, pull remaining
branches back and redo at higher
rpm.
[J Push material in with another
stick.
[J Ease in clutch at low rpm
[J Pull chipper with tongue
extended to maximum length.
[J Conditions may vary but keep
chipper as level as possible when
operating.
[J Always have a second
crewmember directing when
backing the chipper.
[J Keep knives in matched sets for
best balance.
o Do not start machine with debris in place
o Don't put hands past the rear plane of the infeed hopper into feed wheel area
o <If applicable> Keep hands off of winch cable when pulling logs or debris
o Chock wheels on chipper anytime it is disconnected from the truck
Aerial Lifts
o Chock wheels, set hand brake
o Lower outriggers and make secure
o Visually inspect all cables and hoses before operation
o Secure safety belt lanyard to bucket or boom
o Do not operate within 10 feet of power lines unless specifically trained and authorized to do
so
Splitter
o Check hoses and hydraulic fluid levels before operation
o Wear PPE when operating
o Keep hands away from blade and during operation
o Follow lock-out procedures before fixing jams
o Turn engine off to refuel
o Block wheels on level ground before operating
Ladders
o Get help with very long or heavy ladders.
o Make sure there are no power lines or branches that are low enough to interfere.
o Make sure the ladder has firm, level footing. Do not shim with multiple boards or blocks.
o For a straight or extension ladder set the base out one foot for every four feet of height.
o The ladder should be tall enough that you do not have to stand on the top three rungs.
o Long or light metal ladders should be tied off or otherwise secured at the top.
o Two hands should be used when climbing a ladder.
o If electrical lines are present, use only a nonconductive ladder.
Driver Standard Operating Procedures & Safety Guidelines >
Keep your vehicle presentable, and drive in a safe and courteous manner. The company's image
is presented each time you drive our vehicle.
Inspect motorized vehicles and other mechanical equipment daily or prior to use per the pre-trip
inspection checklist.
No smoking during refueling. Turn engine off to refuel.
You are not permitted to operate the company vehicle out of the Superior Landscaping radius of
operations without specific authorization from your supervisor.
Page 15 of29
Company vehicles are to be used only by approved company drivers. No riders or non-employee
passengers are permitted. The company vehicle is to be used exclusively for company business--
no personal use is permitted.
As the driver you are responsible for all co-workers. All seat belts must be worn at all times.
Report mechanical problems to your supervisor immediately. Do not operate a vehicle that is
unsafe.
Report all accidents and traffic infractions to your supervisor.
Anyone operating a company vehicle while under the influence of alcohol or a controlled
substance will be terminated.
Shut off engine, set brakes, and block wheels when parked, before loading or unloading vehicles,
and before beginning on-site work. This includes trucks, equipment, and aerial lift devices.
Any vehicle found to be defective shall be removed from service until properly repaired.
All vehicles and equipment shall be operated in accordance with the manufacturer's
recommendations. Outriggers and wheel chocks shall be in place before operating vehicle-
mounted equipment. Brakes shall be properly set.
In the event of traffic around the work site, proper traffic control procedures will be in effect.
Vehicle post-trip inspections/reporting
Using the inspection report form
Pre-Trio Inspection: Review the last Post-Trip Inspection Report to determine if defects or
deficiencies were reported by prior driver(s). If defects were reported, be sure necessary repairs
have been made and the person responsible for making the repairs has signed and dated the report
in the space (maintenance action) provided. Sign and date in the space provided for "Reviewing
driver" to acknowledge that the report was reviewed and defects, if any, were corrected.
Post-Trio Inspection:
1. Enter truck number, current mileage and other applicable information in the space provided at
top. Press hard, there are two copies. Also enter chipper or other towed equipment number, if
applicable, in the space provided.
2. Complete the inspection at completion of the day's work. Check appropriate box(s) to indicate
defect(s). If you find a defect that is not listed, enter it in comment section.
3. Ifno defects are noted, check NO DEFECTS.
4. Sign and date in space provided to certify inspection.
5. Remove the office copy and distribute as instructed.
6. The truck copy of the inspection report must be carried on the truck at all times.
Page 16 of29
Report Retention
The original copy of each truck inspection report and the certification of repairs must be retained
for at least three (3) months from the date the report was prepared.
Important
Before attempting maintenance on any chipper, read and follow the manufacturer's
recommendations
Work Zone Setup
Controlling Traffic
Tree care crews may need to:
IJ Use temporary traffic control devices, such as signage, road cones, paddles or flags in a
consistent manner throughout the work zone.
IJ Use a flagger or flaggers when conditions warrant.
IJ Set up temporary traffic control within a reasonable time prior to work so that motorists do
not become complacent and ignore warning signs and devices when work begins.
IJ Ensure that all traffic control devices are in place. Missing traffic control devices create the
potential for motorists to inadvertently enter the workspace or exit the highway in the wrong
place.
Injury Prevention Measures - Work zone layout
Tree care crews may need to:
IJ Assign a crewmember who is knowledgeable in traffic control principles overall
responsibility for the safety of the work zone setup.
IJ Ensure that the work zone is set up in accordance with the Millennium Edition of the
MUTeD.
IJ Authorize the designated crewmember to temporarily halt work until unsafe conditions
related to temporary traffic control have been eliminated.
IJ Document work zone setup and changes throughout the course of a project. Retain these
records in a "job file" as a reference for future jobs.
Use of temporary traffic control devices
Most temporary traffic control zones are divided into four areas:
the advance warning area, the transition area, the activity area and
the termination area:
Advance warning area - section of road where drivers are warned
about the upcoming work zone. Warning has to be far enough in
advance of the work to give drivers time to react, yet not so far that
it encourages drivers to ignore the warning or react sluggishly. On
urban streets, the first warning sign should placed 4-8 times the
speed limit (mph) in feet before the activity area, using the high
end of the range when the speed limits are relatively high. On rural
highways, it should be 8-12 times the speed limit in advance.
Page 17 of29
Warning sign size is based on
speed limits:
. On secondary roads or
city streets where speeds
are very low, minimum
36-inch signs are
acceptable.
. Where speeds and
volumes are moderately
low, 36-inch signs may be
used, 48-inch are
recommended
. For high speed/volume
roads, 48-inch signs are
needed.
EXAMPLE: On a 25 mph street, warning sign should be at least 25 X 5 = 125 ft. before the
activity area. On a 45 mph street, the sign might be 45 X 8 = 360 ft. "upstream."
When your work obstructs any part of the roadway, advance-warning signs are required in both
traffic directions on a two-way road. Multiple signs may be needed on high-speed roads or where
visibility is obstructed by something like a bend or hump in the road.
Transition area - the section of road where traffic is redirected out of its nonnal path. The
transition area makes use of a "taper," created with cones. A good rule of thumb is to space cones
the same number of feet apart as the speed limit. For daytime work and low speed (40 mph and
under) roads, 18-inch cones are acceptable. For nighttime and/or higher speed roads, 28-inch
cones are required.
Taper length is important. Table I below gives rule-of-thumb taper lengths, based on the width of
the work zone (W), in feet.
Table 1: Traffic Taper Length, based on Width of Offset (W)
Type of taper Speed limit (mph)
15 25 35 40 45 55 65
merging 4W lOW 20W 27W 45W 55W 65W
Shifting 2W 5W lOW 13W 23W 28W 33W
shoulder IW 3W 7W 9W 15W 18W 21W
one-lane, two-way 100 ft. maximum, flaggers required
downstream 100 ft. per lane
Activity area - this is the section where the work actually takes place. It should include a buffer
space, sort of an extension of the work area in the direction of oncoming traffic (longitudinally)
or extending past the side of the work vehicle (laterally), but free
of equipment, vehicles and material.
Termination area - is used to return vehicles to their normal
path downstream of the work.
In rural areas, there are generally higher speed limits, less
turning traffic, lower volumes of traffic and fewer pedestrians.
Urban areas are usually just the opposite. Your crew must
evaluate the location, decide which controls are to be used, and
see that a plan is followed. Your goals are to create a safe and
efficient work site for your crew and passersby, to hinder traffic
as little as possible and to guide vehicles and pedestrians in a
clear and positive manner.
Action steps for work site set-up:
Q keep equipment and material neat and orderly within the
protected area
Q use the truck's four-way flashers and beacon light, if so
equipped, while you're setting up the signs and cones
Q always chock trucks or detached chippers with at least two chocks
Q be especially careful whenever children are in the vicinity
Page 18 of29
Orange Flag
(optional)
Typical warning sign
(J never venture outside the established work area in the roadway
(J keep walkways as clear of debris as possible
(J do not allow any non-company vehicle to park so that it obscures visibility of your work site
Flaggers
When your work operation requires traffic from both directions to use a single lane for a limited
distance, then a flagger or flaggers are required.
Tree care crews may need to:
(J Train all flaggers consistent with their level of responsibility and work zone conditions.
Flaggers should know the traffic flow, the work zone setup, and proper placement of
channelizing devices.
(J Assign each flagger responsibility for monitoring operations in his or her immediate work
area. Authorize flaggers to
recommend to the traffic
control supervisor that
operations be temporarily
halted and the hazard
corrected when they see a
hazard threatening the safe
movement of traffic
through the work zone.
Authorize flaggers to halt
operations in the event a
hazard arises and the traffic
control supervisor is not in
the immediate area.
(J Train flaggers to maintain
sufficient distance from
other workers so that
passing motorists can
identifY them.
(J In the event multiple
flaggers are required,
ensure they have the
appropriate sight distance
or two-way radios to
communicate effectively.
(J Use alternatives to flaggers
when traffic control is
required under hazardous
conditions such as high
traffic speeds, inclement
weather, night work, and
other conditions that limit
visibility.
When a one-lane, two-way
traffic control zone is short
enough to allow a flagger to see
Proper Flagger Techniques & Equipment
PREFERRED METHOD
STOP/SLOW Paddle
EMERGENCY SITUATIONS ONLY
Red Flag
450 mm (18 in)
I~IN;I
900 mm
- '~rt;
600 mm1
(24 In)
H f~
600 mOl -
(24.n) t.
TO STOP TRAFFIC
TO LET
TRAFFIC PROCEED
TO ALERT AND
SLOW TRAFFIC
Page 19 of29
from one end of the zone to the other, traffic may be controlled by either a single flagger or a
flagger at either end of the section. When a single flagger is used, he/she should be positioned on
the road shoulder opposite the work zone.
When visibility is restricted or a single flagger cannot control traffic, then flaggers are needed at
either end of the traffic control zone. The flaggers have to coordinate their actions through visual,
voice or electronic communication.
The flagger(s) need to positioned somewhere in advance of the activity area per Table 2, below.
High-visibility apparel
Tree care crews may need to:
[J Require all workers on or near traffic to wear high-
visibility clothing or apparel.
[J Inspect high-visibility clothing regularly to ensure
that color has not faded and that reflective
properties have not been lost.
[J So that workers do not blend into the background,
consider seasonal variations in landscape and
foliage when choosing colors for worker apparel.
[J Consider using fluorescent garments with reflective
material when working under poor lighting
conditions.
Table 2: Distance of Flagger
Station in Advance of the
Activity Area
Speed (mph)
20
25
30
35
40
45
50
55
60
65
Distance (ft.)
35
55
85
120
170
220
280
335
415
485
Developing traffic control plans
Once you fully understand the principles of traffic
control, you should be able to apply them to any work situation on or near a road and be able to
come up with a plan for controlling traffic. But planning doesn't end there - you also need to
consider the safe and efficient layout of vehicles, equipment, materials and personnel inside the
cones.
The "temporary traffic control plan (TCP)" and "internal traffic control plan (ITCP)" are tools
that supervisors and crews can use to coordinate the flow of vehicles outside of, or work vehicles,
equipment and workers inside of the activity area, respectively. They are formal-sounding names,
but in reality they are simply an extension of the work planning/job briefing process to help
ensure the safety of workers in or near traffic.
Tree care crews may need to:
[J Develop an internal traffic control plan (ITCP) once the temporary traffic control plan (TCP)
has been established. As the ITCP is developed, consider how the workspace fits within the
overall work zone and make sure that the ITCP is placed in the context of a TCP.
[J Furnish schematic drawings depicting cone/sign placement as well as the movement of
workers and the placement/movement of equipment and vehicles, brush piles, etc. within the
workspace.
[J Train workers in the implementation of the TCP and ITCP for each project.
[J Assign one person the overall responsibility of TCPIITCP coordination for each job site. By
being at the job site, the coordinator is able to respond immediately to hazardous situations.
The employer should authorize the coordinator to change and/or halt operations as needed to
ensure worker safety.
Page 20 of 29
IJ Retain schematic drawings and other documents in the "job file" for use in developing future
plans.
Component Parts of a Temporary Traffic Control Zone
Traffic Space
anows traffic
to pass through
the activity area
Buffer Space
(lateral)
provides
protection for
traffic and
workers
~~"'~
- Direction of travel
...
E (100 It) Downstream Taper
Work Space
is set aside (or
workers, equipment,
and material storage
t
Buffer Space
(longitudinal)
provides protection for
traffic and workers
t
...
...
...
Page 21 of29
1
Termination Area
lets traffIC resume
normal operations
L
1
Activity Area
is where work
takes place
t
Transition Area
moves trallic out
of its normal peth
t
r
Advance Warning Area
lens traffle what to
expect ahead
!
Accident Investigation
It is the policy of Superior Landscaping to carry out a thorough program of accident investigation.
Supervisory personnel will be primarily responsible for making an investigation of all accidents
in their area. Accidents involving fire, death, serious injury, or extensive property damage will be
investigated jointly by the supervisor and upper management.
The primary goal of the accident investigation program is the prevention of future accidents
through the use of knowledge derived from the investigation. Additionally, the investigation will
be used to prepare reports required by Federal and State law as well as the Workers
Compensation insurance carrier. These reports are critical in establishing the company's and the
supervisor's liability under the law.
When an employee is injured at work the supervisor is responsible for taking emergency action to
have first aid administered, to obtain professional medical attention as soon as possible, and to
protect other employees and equipment. The supervisor must then begin to investigate the
circumstances of the accident. The following procedures have been found to be effective when
investigating accidents.
GO to the scene of the accident at once
TALK with the injured person if possible. Talk to witnesses. Stress getting the facts--not placing
blame or responsibility. Ask open-ended questions.
LISTEN for clues in the conversations around you. Unsolicited comments often have merit
ENCOURAGE people to give their ideas for preventing a similar accident.
STUDY possible causes--unsafe conditions, unsafe practices.
CONFER with interested persons about possible solutions
WRITE your accident report giving a complete accurate account of the accident.
FOLLOW UP to make sure conditions are corrected. If they cannot be corrected immediately,
report this to your supervisor.
PUBLICIZE corrective action taken so that all may benefit from the experience.
Vehicle Accidents - What to do
Make sure your vehicle has a fully stocked accident kit. The kit should contain:
o Current vehicle registration
o Current proof of vehicle insurance
o Several business cards from the owner or manager
o Pen and/or pencil
o Accident reporting fonn for your office and insurance company (available through your
insurance carrier or agent)
o Trailer registration if applicable
o Several witness cards
Attend to all injured victims. Assess the situation and attend to the most seriously injured first
Do not move any victim unless there is danger from other vehicles in traffic or danger of fire or
explosion.
Do not move the vehicles. The police need to see the accident prior to moving any vehicle(s).
Page 22 of 29
Protect the scene of the accident by placing flares, flags, or reflectors where they can be seen by
approaching traffic. Physically direct traffic around the accident scene if necessary - do not
expose yourself to danger in traffic.
If your vehicle is moved, get the name of the person or company that moved it. If it is removed
from the scene, find out where it is taken.
Conduct your own investigation. Get the names, addresses, phone numbers driver's license
numbers, vehicle license numbers, and insurance company(ies) of all person(s) involved; year,
make and model of all vehicles involved. Offer the same information about yourself and your
vehicle to others involved.
Contact the office to let them know what has happened and whether anyone was injured and/or
taken to a hospital or emergency treatment.
Do not admit fault or discuss the accident with anyone except the office or police.
Lockout/Tagout
Generic sequence for securing equipment
Q The authorized person shall notifY the crew and/or affected employees that
maintenance/repair is to be done and that such equipment must be shut down and secured.
Q The authorized person shall refer to the manufacturer's manual for proper procedures (as
needed).
Q If equipment is in operation, shut it down by normal procedures.
Q Keyed ignition systems must be in working order. Keys shall be removed and pocketed by
the foreman of mechanic. When there is no keyed ignition system, the battery cables or spark
plug wires may be disconnected.
Q Materials/parts that must be raised or disconnected and suspended shall be properly secured,
such as with an appropriate sling or jackstand. Flywheels, such as chipper cutter heads, are to
be blocked to prevent pinch points.
Q Disengage the power take-off before servicing/repairing, such as with hose replacement.
Disconnect all hydraulic tools before adjusting or servicing. Do not attempt to stop a
hydraulic leak with your body.
Q Rotating parts, such as chipper blades, shall be stopped before maintenance/repair.
Q Ensure that equipment is isolated and will not operate before proceeding with
maintenance/repair.
Q When the engine must be running for tuning or adjustment. Special care must be given to
moving parts.
Restoring equipment to service
When maintenance/repair is complete and equipment is ready to return to normal operation, the
following steps shall be taken.
Q Check for loose parts or tools that may have been left in the immediate area to prevent
accidental contact with moving or electrical components when the equipment is engaged.
Q Ensure that all guards are in place and employees are in the clear.
Q Confirm that controls are in neutral.
Q Reconnect key, cable or plug wires.
Q NotifY affected employees that equipment is ready to return to service.
Page 23 of 29
Aerial Lift Testing
Frequent Inspection & Test (daily - monthly intervals)
Inspection and tests referred to as critical in the manufacturer's manual must be strictly adhered
to. Any suspected items must be carefully examined and a determination made by a qualified
person as to whether they constitute a safety hazard. All unsafe items must be replaced or
repaired before use.
The operator shall perform the following tests and inspections once daily, prior to first use:
~ Operating controls and associated mechanisms for conditions interfering with proper
operation
~ Visual and audible safety devices for malfunction
~ Hydraulic or pneumatic systems for observable deterioration or excessive leakage
~ Fiberglass and other insulating components for visible damage or contamination
~ Missing or illegible operational markings
~ Electrical apparatus for malfunction, signs or excessive deterioration, dirt, and moisture
accumulation
Periodic Inspection and Test (1-12 month intervals)
An inspection of the mobile unit must be performed at six to twelve-month intervals, depending
upon its activity, severity of service, and environment or as specifically indicated below. This
inspection needs to include all the items from the frequent inspection list, plus:
~ Structural members for deformation, cracks or corrosion
~ Parts, such as pins, bearings, shafts, gears, rollers, locking devices, chains, chain sprockets,
wire ropes, and sheaves for wear, cracks or distortion
~ Hydraulic and pneumatic relief valve settings
~ Hydraulic system for proper oil level
~ Hydraulic and pneumatic fittings, hoses, and tubing for evidence of leakage, abnormal
deformation, or excessive abrasion
~ Compressors, pumps, motors and generators for loose fasteners, leaks, unusual noises or
vibrations, loss of operating speed, and excessive heating
~ Hydraulic and pneumatic valves for malfunction and visible cracks in the external valve
housing, leaks, and sticking spools
~ Hydraulic and pneumatic cylinders and holding valves for malfunction and visible damage
~ Hydraulic and pneumatic filters for cleanliness and the presence of foreign material in the
system indicating other component deterioration
~ Electrical systems and components for deterioration or wear including those not readily
visible on a frequent inspection
~ Performance test of all boom movements
~ Condition and tightness of bolts and other fasteners
~ Welds, as specified by the manufacturer
~ Legible and proper markings of controls, ratings, and instructions
~ Any suspected items shall be carefully examined and a determination m de by a qualified
person as to whether they constitute a safety hazard. All unsafe items shall be replaced or
repaired before use.
Page 24 of 29
Crane Inspection
The two general classifications are "frequent" and "periodic."
) Frequent inspection: Daily to monthly intervals.
) Periodic inspection: 1- to 12-month intervals, or as specifically recommended by the
manufacturer.
The operator should check the folJowing items daily:
CJ AIJ control mechanisms for maladjustment interfering with proper operation
CJ Deterioration or leakage in air or hydraulic systems
CJ AIJ safety devices for malfunction
The folJowing items should be checked weekly or monthly, depending on how much the crane is
used:
CJ AIJ control mechanisms for excessive wear of components and contamination by lubricants or
other foreign matter.
CJ Crane hooks, for deformations or cracks. For hooks with cracks or having more than 15
percent in excess of normal throat opening or more than 100 551 twist from the plane of the
unbent hook.
CJ Rope reeving for noncompliance with manufacturer's recommendations.
CJ Electrical apparatus for malfunctioning, signs of excessive deterioration, dirt, and moisture
accumulation.
Complete inspections of the crane must be performed at periodic intervals depending upon its
activity, severity of service, and environment or as specifically indicated below. These
inspections have to include alJ "frequent" inspection items and in addition, items such as the
following:
CJ Deformed, cracked, or corroded members in the crane structure and boom
CJ Loose bolts or rivets
CJ Cracked or worn sheaves and drums
CJ Worn, cracked, or distorted parts such as pins, bearings, shafts, gears, rollers and locking
devices
CJ Excessive wear on brake and clutch system parts, linings, pawls, and ratchets
CJ Load, boom angle, and other indicators over their fulJ range, for any significant inaccuracies
CJ Gasoline, diesel, electric, or other power plants for improper performance or noncompliance
with safety requirements
CJ Excessive wear of chain-drive sprockets and excessive chain stretch
CJ Travel steering, braking, and locking devices, for malfunction
CJ Excessively worn or damaged tires
CJ All wire ropes (see below)
A carbon dioxide, dry chemical or equivalent fire extinguisher has to be kept in the cab or vicinity
of the crane. Since it stays with the crane, it too should be periodicalJy checked to be sure that it is
fully charged and functional.
A crane that has been idle for a period of one to six months has to go through the frequent
inspection checklist of daily/weekly/monthly items before placing in service.
A crane that has been idle for six months or more has to be given a complete inspection
comprised offrequent as well as periodic inspection items before being placed in service.
Page 25 of 29
Certification records must be updated monthly for critical items in use such as brakes, crane
hooks, and ropes. They must show the date of inspection, the signature of the person who
performed the inspection and the serial number or other identifier of the crane that was inspected.
This certification record must be kept readily available, so it is advisable to keep a copy in the
crane at all times.
Wire rope & sling inspection
A thorough inspection of all running ropes in use must be made at least once a month and a
certification record which includes the date of inspection, the signature of the person who
performed the inspection and an identifier for the ropes must be prepared and kept on file where
readily available. An appointed or authorized person must perform all inspections.
If rope deterioration is noted that may result in appreciable loss of the rope's original strength, the
inspector needs to determine whether further use of the rope would constitute a safety hazard.
Some of the conditions that could result in an appreciable loss of strength are the following:
Q Reduction of rope diameter below nominal diameter due to loss of core support, internal or
external corrosion, or wear of outside wires.
Q A number of broken outside wires and the degree of distribution of concentration of such
broken wires.
Q Worn outside wires.
Q Corroded or broken wires at end connections.
Q Corroded, cracked, bent, worn, or improperly applied end connections.
Q Severe kinking, crushing, cutting, or un-stranding.
On other ropes, heavy wear and/or broken wires may occur in sections in contact with equalizer
sheaves or other sheaves where rope travel is limited, or with saddles. Particular care shall be
taken to inspect ropes at these locations.
All rope that has been idle for a period of a month or more due to shutdown or storage of a crane
on which it is installed must be given a thorough inspection before it is used.
A certification record that includes the date of inspection, the signature of the person who
performed the inspection, and an identifier for the rope that was inspected shall be prepared and
kept readily available.
Particular care shall be taken in the inspection of non-rotating rope.
Slings shall be inspected for damage or defect daily before use by a qualified person.
Page 26 of 29
Acknowledgment of Receipt and Review of Safety Policy & Guidelines
To All Employees:
It is the employee's responsibility to read and comply with this policy & guidelines. The attached
copy of the policy & guidelines are for you to keep. Please sign and date below and return only
this page to Julio Valdes, General Manager.
I have read and understand the safety policy & guidelines.
Signature:
Date:
Page 27 of 29
Superior Landscaping- Equipment Listing at 11/01/2005
Echo Blower- Model PB651T SIN 6007606 8/27/2005 399.99 28.00 427.99
Echo Blower- Model PB651T SIN 6007608 8/27/2005 399.99 28.00 427.99
Echo Blower- Model PB651T SIN 6007610 2/27/2005 399.89 28.00 427.99
r ') Chain Saw- Model 340-16 SIN 03019595 260.00 18.20 278.20
L ..> Chain Saw- Model 340-16 SIN 03013257 4/212003 259.95 18.20 278.15
Echo Chain Saw- Model 340-16 SIN 03019850 9/9/2003 259.95 18.20 278.15
Echo Chain Saw- Model 340-16 SIN 03019893 9/912003 259.95 18.20 278.15
Echo Chain Saw- Model 340-14 SIN 3019881 4/1212004 249.99 17.50 267.49
Echo Chain Saw- Model 340-14 SIN 3020048 4/12/2004 249.99 17.50 267.49
Echo Chain Saw- Model 340-14 SIN 3026711 6/2212004 259.99 18.20 278.19
Echo Chain Saw- Model 341-14 SIN 2029020 7/16/2004 269.99 18.90 288.89
Echo Chain Saw- Model 341-14 SIN 2025639 7/1612004 269.99 18.90 288.89
Echo Chain Saw- Model 341-14 SIN 2032877 8/31/2004 259.99 18.20 278.19
Echo Chain Saw- Model 341-14 SIN 2032863 8/31/2004 259.99 18.20 278.19
Echo Chain Saw- Model 341-14 SIN 2032600 8/31/2004 259.99 18.20 278.19
Echo Chain Saw- Model 341-14 SIN 2032569 8/31/2004 259.99 18.20 278.19
Echo Chain Saw- Model 341-14 SIN 2032874 8/31/2004 259.99 18.20 278.19
Echo Chain Saw- Model 341-14 SIN 2032876 8/31/2004 259.99 18.20 278.19
Echo Chain Saw- Model 341-14 SIN 2033681 7/6/2005 239.99 16.80 256.79
Echo Chain Saw- Model 341-14 SIN 2041791 7/6/2005 239.99 16.80 256.79
Echo Chain Saw- Model CS330T-16 SIN 7013232 10/26/2005 207.99 14.56 222.55
Echo Chain Saw- Model CS330T-16 SIN 7013247 10/26/2005 207.99 14.56 222.55
Echo Chain Saw- Model CS330T-16 SIN 7013246 10/26/2005 207.99 14.56 222.55
Echo Chain Saw- Model CS330T-16 SIN 7013259 10/26/2005 207.99 14.56 222.55
Echo Chain Saw- Model CS330T-16 SIN 7013250 10/26/2005 207.99 14.56 222.55
Echo Chain Saw- Model CS330T-16 SIN 7013229 10/26/2005 207.99 14.56 222.55
Echo Chain Saw- Model CS330T-16 SIN 7013166 10/26/2005 207.99 14.56 222.55
:cho Chain Saw- Model CS330T-16 SIN 7013243 10/26/2005 207.99 14.56 222.55
::c-"" Chain Saw- Model CS440-18 SIN 8037033 10/25/2005 239.99 16.80 256.79
- Chain Saw- Model CS44D-18 SIN 8037035 10/25/2005 239.99 16.80 256.79
:cho Chain Saw- Model CS44D-18 SIN 8036864 10/25/2005 239.99 16.80 256.79
:cho Chain Saw- Model CS44D-18 SIN 8037055 10/25/2005 239.99 16.80 256.79
:cho Chain Saw- Model CS44D-18 SIN 8037026 10/25/2005 239.99 16.80 256.79
:cho Chain Saw- Model CS44D-18 SIN 8037020 10/25/2005 239.99 16.80 256.79
:cho Chain Saw- Model CS44D-18 SIN 8037029 10/25/2005 239.99 16.80 256.79
:cho Chain Saw- Model CS44D-18 SIN 8036863 10/25/2005 239.99 16.80 256.79
:cho Chain Saw- Model CS52D-20 SIN 5015663 8/27/2005 303.99 21.28 325.27
:cho Chain Saw- Model CS52D-20 SIN 5015600 8/27/2005 303.99 21.28 325.27
:cho Chain Saw- Model CS52D-20 SIN 5014563 8/27/2005 303.99 21.28 325.27
cho Chain Saw- Model CS52D-20 SIN 5014552 8/27/2005 303.99 21.28 325.27
cho Chain Saw- Model CS52D-20 SIN 5014559 8/27/2005 303.99 21.28 325.27
cho Chain Saw- Model CS52D-20 SIN 5014560 8/27/2005 303.99 21.28 325.27
cho Chain Saw- Model CS520-20 SIN 5014581 8/29/2005 303.99 21.28 325.27
cho Chain Saw- Model CS52D-20 SIN 5014663 8/29/2005 303.99 21.28 325.27
:;ho Chain Saw- Model CS520-20 SIN 5014798 10/2612005 303.99 21.28 325.27
::ho Chain Saw- Model CS52D-20 SIN 5014794 10/26/2005 303.99 21.28 325.27
:ho Chain Saw- Model CS52D-20 SIN 5014796 10/26/2005 303.99 21.28 325.27
:ho Chain Saw- Model CS52D-20 SIN 5014809 10/26/2005 303.99 21.28 325.27
:ho Chain Saw- Model CS67D-24 SIN 3016768 8/27/2005 383.99 26.88 410.87
:ho Chain Saw- Model CS67D-24 SIN 3016768 8/27/2005 383.99 26.88 410.87
:ho Chain Saw- Model CS67D-24 SIN 3016407 8/25/2005 383.99 26.88 410.87
:ho Chain Saw- Model CS8000-32 SIN 80003259 8/25/2005 789.99 55.30 845.29
ho Chain Saw- Model CS360T-14 SIN 9009552 8/27/2005 239.99 16.80 256.79
ho Chain Saw- Model CS360T-14 SIN 9009536 8/27/2005 239.99 16.80 256.79
hain Saw- Model CS360T-14 SIN 9008896 8/27/2005 239.99 16.80 256.79
;hain Saw- Model CS360T-14 SIN 9009532 8/27/2005 239.99 16.80 256.79
ho Chain Saw- Model CS360T-14 SIN 9009539 8/27/2005 239.99 16.80 256.79
ho Chain Saw- Model CS360T-14 SIN 9009520 8/27/2005 239.99 16.80 256.79
10 Chain Saw- Model CS360T-14 SIN 9009592 8/29/2005 239.99 16.80 256.79
10 Chain Saw- Model CS360T-14 SIN 9009650 8/29/2005 239.99 16.80 256.79
10 SHC260 Shaft Hedge Clipper SIN 6005015 7/6/2005 335.99 23.52 359.51
Superior Landscaping- Equipment Listing at 11/01/2005
Ech:> SHC260 Shaft Hedge Clipper SIN 6004953 7/6/2005 335.99 23.52 359.51
Echo SHC260 Shaft Hedge Clipper SIN 6005076 7/6/2005 335.99 23.52 359.51
Echo SHC260 Shaft Hedge Clipper S/f.~! EOC50E5 7/6/2005 ~35.99 23.52 359.51
) SHC260 Shaft Hedge Clipper S/toJ COO50E.2 7/6/2005 335.99 23.52 359.51
b..llo SHC260 Shaft Hedge Clipper SIN 6005314 9/19/2005 335.99 23.52 359.51
Echo SHC260 Shaft Hedge Clipper SIN 6005245 9/1912005 335.99 23.52 359.51
Echo SHC260 Shaft Hedge Clipper SIN 6005238 9/1912005 335.99 23.52 359.51
Echo SHC260 Shaft Hedge Clipper SIN 6005763 9/1912005 335.99 23.52 359.51
Echo SHC260 Shaft Hedge Clipper SIN 6005785 9/1912005 335.99 23.52 359.51
Echo SHC260 Shaft Hedge Clipper SIN 6005352 9/1912005 335.99 23.52 359.51
Echo OO-EXT Polesaw SIN 1142 11/20/1998 559.00 22.61 345.61
Echo
FC85 Edger SIN 260666704 6/1012003 323.00 22.61 345.61
FC85 Edger SIN 260715635 6/1112003 310.00 21.70 331.70
HYPRO Pump w/control kit (Sprayer) 81712003 551.05 38.57 589.62
LW HO Blower 13HP Honda SIN 1040605606 9f712004 1.349.95 94.50 1,444.45
LW HO Blower 13HP Honda SIN 1040613030 8/2712005 1,399.95 98.00 1,497.95
REEL CUT Mower SIN 3862 600.00 42.00 642.00
SCAG 61" 27 HP Mower- Mdel STT61A-27KA SIN 8521080 4/1212003 7,840.05 548.74 8,388.79
SCAG 61" 27 HP Mower- Mdel STT61A-27KA SIN 8521336 4/1212003 7,840.05 548.74 8,388.79
SCAG 61" 27 HP Mower- Mdel STT61A-27KA SIN 8521339 4/1212003 7,840.05 548.74 8,388.79
SCAG 61" 27 HP Mower- Mdel STT61A-27KA SIN 8521553 4/1212003 7,840.05 548.74 8,388.79
SCAG 61" 27 HP Mower- Mdel STT61A-27KA SIN 8521574 4/1212003 7,840.05 548.74 8,388.79
SCAG 61" 27 HP Mower- Mdel STT61A-27KA SIN 9390075 31212004 7,919.99 554.40 8,474.39
SCAG 61" 27 HP Mower- Mdel STT61A-27KA SIN 9390645 612212004 7.919.99 0.00 7,919.99
SCAG 61" 27 HP Mower- Mdel STT61A-27KA SIN 9390646 6/2212004 7,919.99 0.00 7,919.99
SCAG 61" 27 HP Mower- Mdel STT61A-27KA SIN 9391047 612212004 7,919.99 0.00 7,919.99
SCAG 61" ADV 29 HP Mower- Mdel STT61A-291< SIN 9400438 8/412004 8,320.00 582.40 8,902.40
sr . '1 61" ADV 29 HP Mower- Mdel STT61A-291< SIN 9400443 8/412004 8,320.00 582.40 8,902.40
S .,; 61" ADV 29 HP Mower- Mdel STT61A-291< SIN 6500267 3/3112005 8,960.00 627.20 9,587.20
SCAG 61" ADV 29 HP Mower- Mdel STT61A-291< SIN 6500421 3/3112005 8,960.00 627.20 9,587.20
SCAG 61" ADV 29 HP Mower- Mdel STT61A-291< SIN 6500852 3/3112005 8,960.00 627.20 9,587.20
3CAG 61" ADV 29 HP Mower- Mdel STT61A-291< SIN 6500509 3/3112005 8,960.00 627.20 9,587.20
;CAG 61" ADV 29 HP Mower- Mdel STT61A-291< SIN A6501236 9/1912005 8,960.00 627.20 9,587.20
;CAG 61" ADV 29 HP Mower- Mdel STT61A-291< SIN A6501235 9/1912005 8,960.00 627.20 9,587.20
)CAG 48"19 HP Mower- Mdel STC48A-19KA SIN 9251367 31212004 5,850.00 409.50 6,259.50
;CAG 48"19 HP Mower- Mdel STC48A-19KA SIN 9251625 31212004 5,850.00 409.50 6,259.50
;CAG 48"19 HP Mower- Mdel STC48A-19KA SIN 9256383 8/412004 5,850.00 409.50 6,259.50
ihindaiwa T270A Trimmer SIN 1124737 9/412002 0.00 0.00
ihindaiwa T270A Trimmer SIN 2070656 6/1112003 3n.00 26.39 403.39
:hindaiwa T270A Trimmer SIN 2070648 (REPRTD S1 81212003 3n.00 26.39 403.39
hindaiwa T270A Trimmer SIN 2070981 81912003 377.00 26.39 403.39
hindaiwa T270A Trimmer SIN 3051344 12/1612003 369.95 25.90 395.89
hindaiwa T270A Trimmer SIN .5068480 (Reported St. 9/1912005 336.00 23.52 395.89
hindaiwa T270A Trimmer SIN 5068481 9/1912005 336.00 23.52 395.89
hindaiwa T270A Trimmer SIN 5068833 9/1912005 336.00 23.52 395.89
hindaiwa T270A Trimmer SIN 5068493 9/1912005 336.00 23.52 395.89
hindaiwa T270A Trimmer SIN 5068880 101312005 336.00 23.52 395.89
1indaiwa T270A Trimmer SIN 5068481 10/3/2005 336.00 23.52 395.89
1indaiwa T270A Trimmer SIN 5068891 1013/2005 336.00 23.52 395.89
lindaiwa T270A Trimmer SIN 5068852 1013/2005 336.00 23.52 395.89
lindaiwa T270A Trimmer SIN 5068877 1013/2005 336.00 23.52 395.89
lindaiwa T270A Trimmer SIN 5068205 1013/2005 336.00 23.52 395.89
li--4aiwa T270A Trimmer SIN 5068454 10/15/2005 336.00 23.52 395.89
Jiwa T272 Trimmer S/A HEA SIN 3022763 2/28/2004 356.96 24.99 403.39
.3iwa T272 Trimmer S/A HEA SIN 3022776 2/28/2004 356.96 24.99 403.39
indaiwa T272 Trimmer S/A HEA SIN 3022774 2/28/2004 356.96 24.99 403.39
indaiwa T272 Trimmer S/A HEA SIN 3022779 1/27/2004 356.96 24.99 403.39
indaiwa T272 Trimmer S/A HEA SIN 3022761 1/27/2004 356.96 24.99 403.39
indaiwa T272 Trimmer S/A HEA SIN 3022756 1/27/2004 356.96 24.99 403.39
indaiwa T272 Trimmer S/A HEA SIN 3022758 4/14/2004 356.96 24.99 403.39
Superior Landscaping- Equipment Listing at 11/01/2005
Shindaiwa T272 Trimmer S/A HEA SIN 3022757 4/14/2004 356.96 24.99 403.39
Shindaiwa T272 Trimmer Sf A HEA SIN 3022775 517/2004 357.00 24.99 381.99
Shindaiwa T272 Trimmer Sf A HEA SIN 3022760 517/2004 S57.00 24.99 381.99
daiwa T272 Trimmer Sf A HEA SIN 4033708 6/22/2004 359.99 25.20 385.19
~llIndaiwa T272 Trimmer Sf A HEA SIN 4033709 6/2212004 359.99 25.20 385.19
Shindaiwa T272 Trimmer S/A HEA SIN 4033712 6/22/2004 359.99 2520 385.19
Shindaiwa T272 Trimmer Sf A HEA SIN 4033721 6/2212004 359.99 2520 385.19
Shindaiwa T272 Trimmer S/A HEA SIN 4033949 6/2212004 359.99 2520 38~
Shindaiwa T272 Trimmer S/A HEA SIN 4033950 6/2212004 359.99 2520 385.19
Shindaiwa T272 Trimmer S/A HEA SIN 4045227 (Reported Stc 7/1612004 359.99 2520 385.19
Shindaiwa T272 Trimmer S/A HEA SIN 4056900 8/2812004 335.99 23.52 359.51
Shindaiwa T272 Trimmer Sf A HEA SIN 4056901 8/2812004 335.99 23.52 359.51
Shindaiwa T272 Trimmer S/A HEA SIN 4046035 8/2812004 335.99 23.52 359.51
Shindaiwa T272 Trimmer S/A HEA SIN 4057024 8/2812004 335.99 23.52 359.51
Shindaiwa T272 Trimmer Sf A HEA SIN 4046480 (Reported Stc 3/3112005 320.00 22.40 342.40
Shindaiwa T272 Trimmer S/A HEA SIN 4046314 (Reported Stt 3/3112005 320.00 22.40 342.40
Shindaiwa T272 Trimmer S/A HEA SIN 4046474 3/3112005 320.00 22.40 342.40
Shindaiwa T272 Trimmer S/A HEA SIN 4046311 3/31/2005 320.00 22.40 342.40
Shindaiwa T272 Trimmer S/A HEA SIN 4046477 3/3112005 320.00 22.40 342.40
Shindaiwa T272 Trimmer S/A t:lEA SIN 4046.307 (Reported Sic 3/311200~ 320.00 ; 22Ao 342.40
Shindaiwa T272 Trimmer S/A HEA SIN 4046308 3/3112005 320.00 22.40 342.40
Shindaiwa T272 Trimmer S/A HEA S~:4090393 (Reported Sic 7~005 320.00 22.40 342.40
Shindaiwa T272 Trimmer S/A tfEA . SIN40~03.94 (Rep9r1ed Sic 7/f312005 320.00 .22.40 342.40
Shindaiwa T272 Trimmer S/A HEA SIN 4090417 (RePorted stc' 71612005 320.00 . 22.40 342.40
Shindaiwa T272 Trimmer S/A HEA SIN 4090395 7/612005 320.00 22.40 342.40
Shindaiwa T272 Trimmer S/A HEA SIN 4058148 71612005 320.00 22.40 342.40
Shindaiwa Chain Saw Model 357 SIN 905164 230.00 16.10 246.10
Shindaiwa lE261 Hand Held Edger SIN 4026564 (Reported Stc 8/412004 30.tOO 21.28 325.28
S' 1aiwa lE261 Hand Held Edger SIN 4026425 8/412004 304.00 21.28 325.28
" . ..aiwa lE261 HandHeld Edger SIN 4026563 8/412004 304.00 21.28 325.28
)hindaiwa lE26t Hand HeidEdger SIN40~6426 (Reported st. . 8/412004 304.00 21.28 325..28
;hindaiwa lE261 'Hand Held Edger . SIN 40n859 (Reported st'.. '3/3112005 296:'00 20.72 316,72
;hindaiwa lE261 Hand Held Edger SIN 40n847 3/3112005 296.00 20.72 316.72
ihindaiwa LE261 Hand Held Edger SIN 4077692 3/3112005 296.00 20.72 316.72
~hindaiwa lE261 Hand Held Edger sIN40m20 (Reported SI 3131/2005 296.00 20.72 316.72
:hindaiwa lE261 Hand Held Edger SIN 40n717 3/3112005 296.00 20.72 316.72
;hindaiwa lE261 Hand Held Edger SIN 40n846 71612005 295.96 20.72 316.68
:hindaiwa LE261 Hand Held Edger SIN 40n702 71612005 295.96 20.72 316.68
:hindaiwa lE261 Hand Held Edger SIN 40n680 71612005 295.96 20.72 316.68
:hindaiwa lE261 Hand Held Edger SIN 40n701 71612005 295.96 20.72 316.68
hindaiwa lE261 Hand Held Edger SIN 40n691 71612005 295.96 20.72 316.68
hindaiwa lE261 Hand Held Edger SIN 5061845 10/3/2005 295.96 20.72 316.68
hindaiwa lE261 Hand Held Edger SIN 5061846 716/2005 295.96 20.72 316.68
hindaiwa lE261 Hand Held Edger SIN 5061864 71612005 295.96 20.72 316.68
hindaiwa lE260 Hand Held Edger SIN 2111187 10/20/2005 295.96 20.72 316.68
hindaiwa lE260 Hand Held Edger SIN 5061951 10/20/2005 295.96 20.72 316.68
,indaiwa HT231-40 Hedge Trimmer 40" SIN 4033637 8/4/2004 360.00 25.20 385.20
,indaiwa HT231-40 Hedge Trimmer 40" SIN 004182 ?1??11 8/4/2004 360.00 25.20 385.20
lapper 21" Mower 5.0 KAW Engine SIN FADED OUT 789.00 55.23 844.23
lapper 21" Mower 5.0 KAW Engine SIN 311116383 2/27/2004 625.00 43.75 668.75
lapper 21" Mower 5.0 KAW Engine SIN 311115880 2/27/2004 625.00 43.75 668.75
lapper 21" Mower 5.0 KAW Engine SIN 1779700 789.00
ihl HT75 Polesaw SIN 247986631 559.00 39.13 598.13
,... '-lT75 Polesaw SIN 243897668 559.00 39.13 598.13
.T101 Polesaw SIN 261402533 1/27/2004 537.00 37.59 574.59
IT101 Polesaw SIN 261401599 1/27/2004 537.00 37.59 574.59
hi HT101 Polesaw SIN 261880296 4/5/2004 540.00 37.80 577.80
hi HT101 Polesaw SIN 262014294 6/18/2004 539.99 37.80 577.79
hi HT101 Polesaw SIN 262077030 7/16/2004 539.99 37.80 577.79
,1 HT101 Polesaw SIN 262077024 8/4/2004 540.00 37.80 577.80
11 Backpack Slower: STEBR400 SIN 2464450036 7/31/2000 359.00 25.13 384.13
Superior Landscaping- Equipment Listing at 11/0112005
Stihl Backpack Blower: STEBR420 SIN 250098152 11/9/2002 359.00 25.13 384.13
Stihl Backpcck Blower: STEBR400 SIN 250098166 12/2712001 359.00 25.13 384.13
Stihl Backpack Blower: STEBR420 SIN 253558911 5/'1412002 359.00 25.13 384.13
r . Backpack Blower: STEBR420 S/I-l 25572834 '12/3/2002 359.00 25.13 384.13
~__.tj Backpack Blower: STEBR420 SIN 260312348 6/11/2003 359.50 25.17 384.67
Stihl Backpack Blower: STEBR420 SIN 260312376 6/11/2003 359.50 25.17 384.67 .
Stihl Backpack Blower: STEBR420 SIN 260312355 8/9/2003 359.95 25.20 385.15
Stihl Backpack Blower: STEBR420 SIN 261151127 9/24/2003 359.95 25.20 385.19
Stihl Backpack Blower: STEBR420 SIN 261659270 10/21/2003 357.00 24.99 385.19
Stihl Backpack Blower: STEBR420 SIN 261204944 12/16/2003 359.95 25.20 385.19
Stihl Backpack Blower: STEBR420 SIN 261650302 2/28/2004 357.00 24.99 385.19
Stihl Backpack Blower: STEBR420 SIN 261650377 2/2812004 357.00 24.99 385.19
Stihl Backpack Blower. STEBR420 SIN 261624639 1/2712004 357.00 24.99 385.19
Stihl Backpack Blower: STEBR420 SIN 261624985 1/2712004 357.00 24.99 385.19
Stihl Backpack Blower: STEBR420 SIN 2616250392 4/1412004 357.00 24.99 385.19
Stihl Backpack Blower: STEBR420 SIN 2616250396 4/1412004 357.00 24.99 385.19
Stihl Backpack Blower: STEBR420 SIN 261650385 51712004 357.00 24.99 385.19
Stihl Backpack Blower: STEBR420 SIN 261649772 51712004 357.00 24.99 385.19
Stihl Backpack Blower: STEBR420 SIN 262221241 612/2004 359.95 2520 385.19
Stihl BaCkpack Blower: STEBR420 SIN 262221263 612/2004 359.95 25.20 385.19
Stihl Backpack Blower: STEBR420 SIN 262221243 6/22/2004 359.99 2520 385.19
Stihl Backpack Blower: STEBR420 SIN 262221222 6/22/2004 359.99 25.20 385.19
Stihl Backpack Blower: STEBR420 SIN 262221195 6/22/2004 359.99 25.20 385.19
Stihl Backpack Blower. STEBR420 SIN 262221231 (Julio- 262 6/22/2004 359.99 25.20 385.19
Stihl Backpack Blower. STEBR420 SIN 262221234 612212004 359.99 25.20 385.19
Stihl Backpack Blower: STEBR420 SIN 262221245 612212004 359.99 25.20 385.19
;tihl Backpack Blower: STEBR420 SIN 261722243 716/2004 359.99 25.20 385.19
;tihl Backpack Blower. STEBR420 SIN 261722230 7/6/2004 359.99 25.20 385.19
;t;1-1 Sackpack Blower: STEBR420 SIN 262221226 71612004 359.99 25.20 385.19
;\ ;hain Saw- Model MS192T-14 SIN 265546745 10/25/2005 279.95 19.60 299.55
itihl Chain Saw- Model MS192T-14 SIN 265546781 10/2512005 279.95 19.60 299.55
itihl Chain Saw- Model MS440-28 SIN. 155184737 620.00 43.40 663.40
;tihl Chain Saw- Model MS250-18 SIN 262585043 6/22/2004 289.99 20.30 310.29
:tihl Chain Saw- Model MS250-18 SIN 262585116 7/1912004 289.99 20.30 310.29
tihl Chain Saw- Model MS250-18 SIN 263322455 8/3112004 289.99 20.30 310.29
tihl Chain Saw- Model MS250-18 SIN 263322538 8/3112004 289.99 20.30 310.29
tihl Chain Saw- Model MS250-18 SIN 263322546 8/3112004 289.99 20.30 310.29
tihl Chain Saw- Model MS250-18 SIN 263322501 8/3112004 289.99 20.30 310.29
Uhl Chain Saw- Model MS390-24 SIN 263176104 8/3112004 439.99 30.80 470.79
Uhl Chain Saw- Model MS390-24 SIN 262318615 8/3112004 439.99 30.80 470.79
ihl Edger: STEFC75 SIN NO SERIAL NUMBER ????
ihl Edger: STEFC75 SIN 260887324 6/1112003 275.00 19.25 294.25
ihl Edger: STEFC75 SIN 262850604 7/1612004 278.95 19.53 298.48
ihl Edger: STEFC75 SIN 262328600 7/1612004 278.95 19.53 298.48
ihl Edger: STEFC75 SIN 260887036 7/11/2003 285.00 19.95 304.95
ihl Edger: STEFC75 SIN 261678667 2/2812004 275.96 19.32 295.28
:hl Edger: STEFC75 SIN 261025893 1/27/2004 275.96 19.32 295.28
hi Edger: STEFC75 SIN 253713754 51312002 275.00 19.25 294.25
hi Edger: STEFC75 SIN 255883687 8/112002 275.00 19.25 294.25
hI Edger: STEFC75 SIN 261678667 310.00 21.70 331.70
hI Edger: STEFC75 SIN 262328247 4/512004 278.96 19.53 298.49
hI Edger: STEFC75 SIN 262328249 (Julio- 262 4/5/2004 278.96 19.53 298.49
,1 Edger: STEFC75 SIN 262328252 4/5/2004 278.96 19.53 298.49
,ll=dger: STEFC75 SIN 26232884 6122/2004 278.96 19.53 298.49
'ger: STEFC75 SIN 262328847 6/22/2004 278.96 19.53 298.49
1ger: STEFC75 SIN 262328013 6/22/2004 278.96 19.53 298.49
II Edger: STEFC75 SIN 262328853 6/22/2004 278.96 19.53 298.49
1 Edger: STEFC75 SIN 262328851 7/6/2004 278.96 19.53 298.49
-=dger: STEFC75 SIN 262850853 7/6/2004 278.96 19.53 298.49
1er: STEFC85 SIN 260666704 6/10/2003 323.00 22.61 345.61
r: STEFC85 SIN 260715635 6/1112003 310.00 21.70 331.70
Superior Landscaping- Equipment Listing at 11/01/2005
Stihl Edger: STEFC75 SIN 262328849 5f712004 275.96 19.32 295.28
Stihl Hedge Trimmer- STEHL75 SIN 252437386 12/2712001 385.00 26.95 411.95
Stihl Hedge Trimmer- STEHL75 SIN 251351215 1nl2001 385.00 26.85 411.95
. Hedge Trimmer- STEHL75 SIN 247986638 1/29/2000 385.00 26.95 411.95
... . ,/ Hedge Trimmer- STEHL75 SIN 254759387 9/9/2002 385.00 26.95 411.95
Stihl Hedge Trimmer- STEHL75 SIN 255755302 9/11/2001 385.00 26.95 411.95
Stihl Hedge Trimmer- STEHL75 SIN 252436325 385.00 26.95 411.95
Stihl Hedge Trimmer: STEHL75 SIN 260262846 6/11/2003 385.00 26.95 411.95
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 261558892 2/28/2004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 261559148 2/2812004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 261559166 2/2812004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 261559209 1/27/2004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 261559172 1/27/2004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 261559163 1/27/2004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 101 SIN 262203077 5f7/2004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 262203076 5f7/2004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 262203058 5f7/2004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 262203061 (Reported, 6/2fl004 . 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 262203072 6/212004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 262612967 6/22/2004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 262613129 6/2212004 419.99 29.40 449.39.
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 262613140 6/2212004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 262612990 6/2212004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 262955436 71612004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 262420955 716/2004 419.99 29.40 449.39
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 262287593 8/4/2004 423.00 29.61 452.61
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 262287566 8/412004 423.00 29.61 452.61
Stihl Fixed Hedge Trimmer: STI HL 100 SIN 262287568 8/412004 423.00 29.61 452.61
:;ti'" J:'ixed Hedge Trimmer: STI HL 100 SIN 263387353 (Reported 3/3112005 423.00 29.61 452.61
it ixed Hedge Trimmer.STl HL 100 '~,.f63387~~0(ReJlC!rted 3~J12005 4~~.PO 29.61 ..,45?61
. ". -.
,tihl Fixed Hedge Trimmer: STI HL 100 siN. 2633fJ7351 (Reported. . . 3131/.20Q5 423.()Q 29.61 452.61
;tihl Fixed Hedge Trimmer: STl HL 100 SIN 263387347 3/3112005 423.00 29.61 452.61
;tihl Fixed Hedge Trimmer: STI Hl100 . SIN 263387348 . 313112005 423.00 29.61 452.61
iTI PS78 (Manual) Pole Saw No Serial Number 6/2212004 199.99 14.00 213.99
iTI PS78 (Manual) Pole Saw No Serial Number 612212004 199.99 14.00 213.99
;TI PS78 (Manual) Pole Saw No Serial Number 7/1612004 199.99 14.00 213.99
TI PS78 (Manual) Pole Saw No Serial Number 7/1612004 199.99 14.00 213.99
TI PS78 (Manual) Pole Saw No Serial Number 8/19/2004 199.99 14.00 213.99
TI PS78 (Manual) Pole Saw No Serial Number 101912004 199.99 14.00 213.99
TI PS78 (Manual) Pole Saw No Serial Number 101912004 199.99 14.00 213.99
TI PS78 (Manual) Pole Saw No Serial Number 3/3112005 199.99 14.00 213.99
TI PS78 (Manual) Pole Saw No Serial Number 3/31/2005 199.99 14.00 213.99
fI PS78 (Manual) Pole Saw No Serial Number 3/31/2005 199.99 14.00 213.99
fI PS78 (Manual) Pole Saw No Serial Number 3/31/2005 199.99 14.00 213.99
n PS78 (Manual) Pole Saw No Serial Number 3/31/2005 199.99 14.00 213.99
n PS78 (Manual) Pole Saw No Serial Number 3/3112005 199.99 14.00 213.99
rI PS78 (Manual) Pole Saw No Serial Number 10/1712005 199.95 14.00 213.95
ihl Cut-Off Saw: TS400-14" SIN 162245765 1 0/20/2004 825.00 57.75 882.75
,ro 44" Riding Mower, Model Z Master SIN 74171-990365 5,500.00 385.00 5,885.00
oro 44" Riding Mower, Model Z Master SIN 74170-20001531 9/412001 5,500.00 385.00 5,885.00
ro 32" Walk Behind, Model 30157 SIN 30159-795361 2,300.00 161.00 2,461.00
ro 36",15 HP Mid-Size Mower SIN 795363 2,800.00 196.00 2,996.00
ro 36",15 HP Mid-Size Mower SIN 200000316 2,800.00 196.00 2,996.00
ro 36", 15HP Mid-Size Mower SIN 230005470 8/2/2003 2,795.00 195.65 2,990.65
", 15HP Mid-Size Mower w/Jungle Wheeh SIN 230005159 6/1112003 3,045.00 213.15 3,258.15
", 17HP Mid-Size MowerwNelke SIW SIN 30169-240000126 31212004 3,572.99 250.11 3,823.10
'0 36", 17HP Mid-Size Mower wNelke SIW SIN 30317-240000127 3/2/2004 3,572.99 250.11 3,823.10
'e And Valve Locator T521lVL 8/17/2004 650.00 45.50 695.50
meer Stump Grinder Model 206 6/2812003 0.00 2,400.00
sp Mobile Barcode Scanner WDT2200 SIN 5203441048 3/9/2005 870.03 870.03
Superior Landscaping- Equipment Listing at 11/01/2005
Note: Yellow represents PB Trucks
Trud{s
4 1 Ford F800, Dump Bed VIN SFENF60C9XMA00521
I. _oJ Ford F150, Pickup VIN 1FTZF1729XNA44272
1997 Ford F250, Pickup VIN 1FTEX27L3VNB63216
1997 Chevy Tiltmaster Dump Bed VIN 4KBB4B1R7VJ004221
1995 Isuzu NPR Dump Body VIN 4KlB4B1A1SJ000179
1996 Isuzu NPR Dump Body VIN 4KlB4B1R4TJ001436
1997 Chevy Tiltmaster Bucket VIN 4KBB4B1 R6VJ000936
1994 Ford Explorer SUV VIN 1 FMDU32X1 RUD6627
1997 gmc Forward Box Truck VIN J8DC4B1 K2V7007686
2000 Isuzu NPR 14' Dump VIN JAlB4B141Y7010886
1993 Ford F350 Truck wlUtility Body VIN 1 FTEF25N4PNA7729~
19991suzu NPR 14' Dump .... VIN JALC4B143X7000363
19991ntemational C-4700, 18' Flatbed Truck VIN 1HTSCABM5XH61669
1997 Ford F800 Truck w/16' Dump B'ed.. . VIN 1 FDNF80C4WA2035:
1997 GMC 7500w/lR111 Boom and Chipper DalVIN 1GDl7H1POVJ5061 H
1999 Ford F350 Truck wlUtility Body VIN 1FDWF36l7XD83732
2000 Ford Ranger, Pickup VIN 1FTYR1005YPB79163
2004 Ford F750 w/Peterson lightning loader VIN 1FRXF75F84V658748
2004 Ford F150XlT VIN 3FTRX12W34NA1610
2004 Ford F150 XL VIN 1F1VX12504NA10990
1999 Ford Ranger .' .'"... ..... VIN 1FTYR10C6XUB8509l
~004 Isuzu ~PR w/14'landscape B6dy12,OOO GVIN JAlB4B14247003178
!004 Isuzu NPR w/14' landscape Body 14,500 GVIN JAlB4B14247012855
1997 GMC 7500 w/lRIII Boom Truck VIN 1GDl7H1P2VJ512665
999 Ford Ranger Pickup VIN 1FTYR10C5XUB2155~
!O"., Ford F-250 Ext Cab VIN 3FTNX20L43MB2738e
:C =ord F150 XL VIN 1FTRF12W74NC5487
004 Ford F150 XL V1N 1FTRF12W94NC4212.
004 Ford F150 XL VIN 1FTRF12W94NC5433,
004 Ford F150 Xl VIN 1FTRF12W54NB1521:
004 Ford F150 Xl VIN 1FTRF12W64NC7014
005 Ford F150 XL VIN 1FTRF12W85NA2149:
005 Ford F150 Xl VIN 1FTRF12W95NA2149i
005 Isuzu Crew Cab 14' Alum LS Body VIN JAlC4J16X57004645
~98 GMC C7500 Bucket Truck w/LR1V V1N 1GDl7H1POWJ50323
~96 GMC Topkick Chip Dump Truck VIN 1GD6H1PSTJ509390
)05 Ford E150 (Irrig) Van VIN 1FTRE14W65HA5793
)01 INT 4700 Water Truck VIN 1 HTSCABP51 H36885'
)05 Isuzu NPR-HD Crew Cab- Steel Body V1N JALC4J16457015026
)05 Ford F150 Lariat- NO TITLE VIN 1FTPW125X5KD3205
105 Ford E150 (Irrig) Van- NO TITLE VIN 1FTRE14WX5HA5794
106 Isuzu Crew Cab 14' Alum lS Body VIN JAlC4J16867004838
106 Isuzu Crew Cab 14' Alum LS Body VIN JAlC4J16267006116
106 Ford E150 (Irrig) Van with BinslSafety Grid VIN 1FTRE14W36HA3835
106 Ford E150 (Irrig) Van with Bins/Safety Grid VIN 1 FTRE14WX6HA3836
'06 Isuzu Crew Cab 14' Alum lS Body VIN JAlC4J16867007366
96 GMC Topkick w/Altec lRIII Bucket Truck VIN 1GDl7H1P5TJ513483
97 GMC C7500 w/Altec lRIII Bucket Truck VIN 1GDl7H1PP3VJ5046~
99 Intemational4900 Grapple Truck w/20 CY eVIN 1HTSCAANXXH66651
!l''''l''!!
J lderson Equipment Traifer, 10 Ton
.mdall Trailer Tx12'. Enclosed
~7 Haulmark Trailer Tx16'- Enclosed
38 Express Trailer, Tx12'. Enclosed
~8 ASPT Trailer, 7'x10'- Enclosed
)2 Kendall Trailer Tx16'- Enclosed
)2 Kendall Trailer Tx16'- Enclosed
VIN 4YNBN25221C004737
VIN KT7X1206270419814
VIN 4XSPB1621VG00200E
VIN 1E9ES121XWC10322
NOV1 N000082852926
VIN 1 K907X 16520301165
VIN 1K907X1682D201221
6/2712000
3/20/2001
7/1812001
3/2312001
7/2412002
4/2712001
7/1912001
12/1212002
6/912000
6/9/2000
121712002
1/2512003
1/1712003
7/2412003
9/512003
101712003
2/2712004
2/2712004
2/2712004
5/26/2004
6/1712004
6/1712004
712/2004
712212004
712212004
9/2712004
9/27/2004
9/27/2004
9/2712004
9/27/2004
10/2012004
10/2012004
1012212004
10/112004
10/112004
11/1712004
1/1312005
3/2412005
2/17/2005
2/1712005
5/1912005
7/2012005
NOT DElVD
7/2112005
9/2812005
1112/2005
11/2/2005
10/3112005
8/612002
9/18/2002
45,351.00
26,610.50
25,711.50
3,995.00
30,500.00
32,900.00
35,500.00
4,000.00
13,015.00
18,519.49
18,519.49
18,519.49
18,519.49
18,519.49
18,468.30
18,468.30
38,499.00
40,000.00
19,500.00
14,903.54
31,800.00
37.540.00
26,537.96
14,907.16
40.529.00
40,529.00
16,304.87
16,304.87
41,329.00
41,500.00
41,500.00
46,000.00
2,771.06
1,896.63
1,842.69
279.65
1,830.54
1,974.54
1.310.39
1,310.39
2.309.94
944.22
2,226.00
2,261.94
1,643.87
946.02
2,491.28
2,491.28
1,028.30
1,028.30
2,491.28
3,280.00
3,280.00
3,220.00
0.00
357,030.15
????
????
????
????
????
?11?
?11?
????
????
????
??11
??11
20,000.00
11,236.00
32,575.00
9,000.00
4,966.00
48,122.06
28,507.13
27,554.19
4.274.65
32.330.54
34,874.54
35,500.00
4,000.00
13,015.00
18,519.49
18,519.49
18,519.49
18,519.49
18,519.49
19.778.69
19,778.69
40,808.94
40,000.00
19,500.00
15,847.76
34,026.00
39,801.94
28,181.83
15,853.18
43,020.28
43,020.28
17,333.17
17,333.17
43,820.28
44,780.00
44,780.00
49,220.00
926,216.77
3,828.68
Superior Landscaping- Equipment Listing at 11/01/2005
198D ASPTTrailer, Tx10'- Enclosed
1988 ASPT Trailer, Tx10'- Enclosed
2003 Kendall Tr-c.iler 7'x18'- Enclosed
, SEA Container 48'
t. Jwboard
2004 Kendall Trailer 7'x18'- Enclosed VIN 1 K907X18840201384
2004 Southwest Trailer Tx18'- Enclosed VIN 1K907X1874D201540
2004 Southwest Trailer 7'x18'- Enclosed VIN 1 K907X1884D201644
2004 Southwest Trailer 7'x20'- Enclosed VIN 1K907X2044D201648
2005 Kendall Trailer 7 x 16'_ Enclosed VIN 1K907X1675D201389
2005 Kendall Trailer 7 x 20'- Enclosed VIN 111 NO VIN OR TITLE
2005 Kendall Trailer 7 x 20'. Enclosed VIN 15907X2086M982158
2002 Chevrolet 550 Crew Cab with Landscape B(VIN J8BE5J14927900802
VIN NOV1 N000083927562
VIN NOV1N000081589802
'JlI" ~KT7XI8-<3PV'/64.3"i4~
Vll-l HA14-L;CACG1'i208B~
Small Tools
Office Equipment
6/8/2003
1/30/2004
5/1112004
6/2412004
6/2512004
3/2412005
3/2412005
8/2612005
6/14/2004
3,965.00
3,995.00
4,300.00
4,715.00
5,327.10
23,500.00
Grand Total- ALL
0.00
0.00
2n.55
279.65
308.00
330.00
372.90
1,645.00
4,060.65
4,060.65
4,060.65
4,242.55
4,274.65
4,608.00
5,045.00
5,700.00
25,145.00
65,025.83
4,403.23
8,328.92
1,490,774.90
<9 MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov
PROCUREMENT Division
Tel: 305-673.7490, Fox: 305-673.7851
INVITATION TO BID (ITB) NO. 38-05106
ADDENDUM NO.3
August '22, 2006
ALTON ROAD MEDIANS BEAUTIFICATION PROJECT Is amended as follows:
I. CHANGE: The deadline for receipt of Performance Evaluation Surveys from September
1. 2006 to August 25, 2006.
Contractors are required to acknowledge receipt of this Addendum No.3 on the Addendum Form
that was included in Addendum No.1, or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
Gus Lopez. CPPO
Procurement Director
je
F:\PURC\$ALL\JOHN\BIDS\05-06\ITB 38.05-06A3.doc
We ore commined 10 providing exceHenI public selVice and 50fety 10 oU who live. WOfk, ond ploy in Oil' \liblonl, "opical. hisroric commvnily,
e MIAMI BEACH
City of Miami Beach, 1700 Convenlion Cenler Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT Division
Tel: 30~73-7490, Fax: 305-673.7851
INVITATION TO BID (ITB) NO. 38-05/06
ADDENDUM NO.2
August 21, 2006
ALTON ROAD MEDIANS BEAUTIFICATION PROJECT Is amended as follows:
I. ADD: The Bidders that will be shortlisted by the City shall be prepared for interviews on
August 28, 2006. All key staff shall attend. The key staff shall include the proposed
Project Manager and an Officer of the Finn. Should interviews be required, bidders will
be contacted on August 25, 2006 with the pertinent details of said interviews.
Contractors are required to acknowledge receipt of this Addendum No.2 on the Addendum Form
that was included in Addendum No.1, or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
F:\PURC\$ALL\JOHN\BIDS\05-06\ITB 38-05-06A2.doc
We ore commilled 10 providing eJ<ceHent public $lflvice and safety 10 all who live, WOIk, and ploy in our vibrant, tropical, historic commonity.
(9 MIAMI BEACH
City of Miami leach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gav
PROCUREMENT Division
Tel: 305-673.7490, Fox: 305-673.7851
INVITATION TO BID (ITB) NO. 38.Q5IOe
ADDENDUM NO.1
August 18, 2006
ALTON ROAD MEDIANS BEAUTIFICATION PROJECT Is amended as follows:
I. Proposers are advised that this ITB and any contract awarded pursuant to this
procurement process shall be subject to the applicable provisions of Ordinance
No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal
Benefits for Domestic Partners (the uOrdlnance")." The Ordinance applies to all
employees of a Contractor who work within the City limits of the City of Miami Beach,
Florida; and the Contractor's employees located in the United States, but outside of the
City of Miami Beach limits, who are directly performing work on the contract within the City
of Miami Beach.
All proposers shall complete and return, with their proposal, the "Declaration:
Nondiscrimination In Contracts and Benefits" fonn contained herein. The City shall
not enter into any contract unless the proposer certifies that such firm does not
discriminate in the provision of Benefits between employees with Domestic Partners and
employees with spouses and/or between the Domestic Partners and spouses of such
employees. Contractors may also comply with the Ordin;ince by providing an employee
with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his designee
determines that
a. The Contractor shall complete and retum the uReasonable Measures Application"
contained herein, and the Cash Equivalent proposed; AND.
b. The Contractor shall complete and retum the .Substantial Compliance
Authorization Form" contained herein.
It is important to note that Contractors are considered in compliance if Contractor
provides benefits neither to employees' spouses nor to employees' Domestic Partners.
Attached to this addendum please find the following documents that need to be returned
to the City with your bid:
· Declaration: Nondiscrimination in Contracts and Benefits Form
· Reasonable Measures Application Form
· Substantial Compliance Authorization Form
We are commilled to ptoviding exceHenJ public 5elYice and wfety to au who live, work, and play in our vibrant. tropical. hiSlOtic communily.
II. All bidders shall submit the attached SWORN STATEMENT UNDER SECTION 287.133
(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES FORM with their bid
submittal. (Attached).
III. CLARIFY:
a) The Estimated Budget for this project is between $250,000 and $275,000.
b) Bidders are not required to answer Question No. 24 and 25 of the
Questionnaire, as this is not applicable to the City of Miami Beach or this Project.
c) The City of Miami Beach will not authorize Progress Payments for this project.
Once the project is completed and accepted by the City, payment(s) will be
authorized in accordance with Article 4 and 5 of the Bid documents.
d) Bidders that have submitted Perfonilance Evaluation Surveys for previous
projects under the City's Best Value Procurement process are not required to re-
submit the same Surveys.
e) All bidders shall comply with FOOT 2006 Design Standards- 600 series 'Traffic
Control Through Work Zones'.
f) The City may make plant material substitution provided that 50% of the plants
used must be South Florida Natives or Hybrid Natives. The intent of this
project is to simply and unify Alton Road with a consistent landscape through
the corridor. The City's Landscape Architect will discuss plant material details
during negotiations and/or prior to issuance of the First Notice to Proceed.
g) Please see Addendum Form. (Attached)
Contractors are required to acknowledge receipt of this Addendum No. 1 on the Addendum Form
included in this Addendum (Attached), or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
t-
Gus Lopez, CPPO ,./
~rocurement Director 7 '--
Je
F:\PURC\SALL\JOHN\BIOS\05-06\lTB 38-05-06A1.doc
We are committed jo providing exceHenl pvbIic ~eN;Ce and ~o/ely fO oU who live. work. and ploy in OIIr vibrant. 'ropical. hj~lOric communily.
PROPOSED EQUAL BENEFITS ORDINAtlCE SUMMARY
The foregoing analysis provides a summary of the major points of the proposed Ordinance:
1) What Is the Intent of the Ordinance?
The proposed Ordinance will require certain contractors doing business with the City of
Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal
Benefits" to their employees with Domestic Partners, as they provide to employees with
spouses.
2) How are "Equal Benefits" defined and what kind of "Benefits" does the
Ordinance cover?
"Equal Benefits" means that contractors doing business with the City who are covered by
the Ordinance shall be required to provide the same type of benefits that they offer to
employees and their spouses, to employees with Domestic Partners.
The type of "Benefits" defined by the Ordinance and which may be offered by a contractor
include: sick leave, bereavement leave, family medical leave, and health benefits.
The "Benefits" defined in the Ordinance are the same type of benefits that the City provides
to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code].
Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a
Contractor is not required to provide all the above--described benefits. Contractors are only
required to offer the same type of Benefits they offer to their employees with spouses, to
employees with Domestic Partners. Additionally, a Contractor who offers no benefits to
employees or their spouses, would not be required to offer any benefits to employees with
Domestic Partners (and would still be in compliance with the Ordinance).]
3) Who is considered a "Domestic Partner" under the Ordinance?
A "Domestic PartnerU shall mean any two (2) adults of the same or different sex who have
registered as domestic partners with a government body pursuant to state or local law
authorizing such registration, or with an internal registry maintained by the employer of at .
least one of the domestic partners.
4) What type of Contracts and/or which Contractors are covered by the
Ordinance?
The Ordinance only applies to the following:
· Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.).
· Contracts valued at over $100,000.
· Contractors who maintain 51 or more full time employees on their payrolls during 20 or
more calendar work weeks in either the current or the preceding calendar year.
· Contractors covered by the Ordinance are only required to comply as to employees
who: 1) either work within the City limits of the City of Miami Beach; or 2) the
contractor's employees located in the United States, but outside of the City limits, only
if those employees are directly performing work on the City contract (covered by the
Ordinance).
We ore commi,ted 10 providing exceUen1 pllblic se"'ice and solety 10 011 who hve. work. and ploy rn Out vibronl, tropical, his/()(ic community.
5) In what cases does the Ordinance not apply?
The provisions of the Ordinance do not apply where:
· The City contract has been has been entered into prior to the effective date of the
Ordinance (including renewal terms contained in such contracts).
· The City contract is not competitively bid.
· The City contract is valued at less than $100,000.
· The contractor has less than 51 employees.
· The contractor does not provide Benefits either to employees' spouses or to
employees' Domestic Partners.
· The contractor is a religious organization, association, society or any non profit
charitable or educational institution or organization operated, supervised or
controlled by or in conjunction with a religious organization, association or society.
· The contractor is another government entity.
The following City contracts are not covered by the Ordinance:
· Contracts for sale or lease .of City property.
· Development Agreements.
· ContractsJgrants for CDBG, HOME, SHIP, and Surtax funds administered by the
City's Office of Community Development
· Cultural Arts Council grants
· Contracts for professional AlE, landscape AlE, or survey and mapping services
procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants
Competitive Negotiation Act".
· Contracts for the procurement of life, health, accident, hospitalization, legal
expense, annuity insurance, or any and all other kinds of insurance for the officers
and employees of the City and their dependents, from a group insurance plan.
The Ordinance provides, upon written recommendation of the City Manager, that the City
Commission may, by 5/7ths vote, waive application of the Ordinance for the following:
· Emergency contracts.
· Contracts where only one bid response is received.
· Contracts where more than one bid response is received, but none of the bidders
can comply with the requirements of the Ordinance.
The City's ability to apply the Ordinance may also be preempted in instances where the
Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of
the Employee Retirement Income Security Act (ERISA), and may under certain
circumstances be held invalid under Federal preemption.
6) How is the Ordinance enforced by the City?
· City contracts that are covered by the Ordinance shall notify potential
bidders/proposers of the Ordinance and its requirements in the issued bid
documents.
We are comm;IIed 10 prOviding exceHen, pvblic service and safely lO oN who live. work, ond ploy in our vibran', 'rapical. his/oflC communily.
· At the time of entering into the contract with the City, the proposed City contractor
shall certify to the City that it intends to provide Equal Benefits, along with the
description of its employee benefits plan, which needs to be delivered to the
Procurement Director prior to entering into the contract.
· The City has the ongoing right to investigate/audit contracts for compliance with
the provisions of the Ordinance.
· The contractor is required to post notice to its employees at its place of business
that it provides Equal Benefits.
7) Is there another way for a Contractor who does not provide Equal Benefits to
comply with the Ordinance?
If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to
provide Equal Benefits, it can still comply with the Ordinance by providing an employee with
the "Cash Equivalenf' of the similar benefit(s) offered to the contractor's employees and
their spouses.
8) What are the penalties for non compliance?
Failure of a contractor to comply with the requirements of the Ordinance may
result in the following:
· Breach/default under the contract.
· Termination of the contract.
· Monies due under the contract may be retained by the City until
compliance is achieved.
· Debarment of contractors from City work, as prescribed by the City
Code.
,
We are cammi/led to providing exceUenl public MWice and I>Olely 10 all who live, 1NOfIc, and ploy in 001 v;btonl, /topical. historic commvnily.
SWORN STATEMENT UNDER SECTION
287.133(3)(8), FLORIDA STATUTES. ON PUBLIC
ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This swom statement is submitted to
[print name of public entity]
by
[print individual's name and tiUe]
for
[print name of entity submitting swom statement]
whose business address is
and (if applicable) Its Federal Employer Identification Number (FEIN) is
(If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
.)
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g), Florida Statutes.
means a violation of any state or federal law by a person with respect to and direcUy related to the
transaction of business with any business with any public entity or with an agency or political
subdivision of any other state or of the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity or an agency or political
subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined In Paragraph 287.133(1 )(b), Florida
SWt~te8. means a finding of guilt or a conviction of a public entity crime, with or without an
adJu icatlon of guilt, In any federal or state trial court of record relating to charges brought by
Indictment or Infonnation after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a
plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133 (1 )(a), Florida Statutes. means:
1) A predecessor or successor of a person convicted of a public entity crime; or
2) An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" Includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who
are active in the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of eqUipment or income
among persons when not for fair market value under an arm's length agreement. shall be a
prima facie case that one person controls another person. A person who knowingly enters
into a joint venture with a person who has been convicted of a public entity crime in Florida
during the preceding 36 months shall be considered an affiliate.
Augu.. t., 2001 CAddendllM No. t)
City of ....ml BNCh
ITa No: ~&IOI
5) I understand that a .person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term .person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
6) Based on information and belief, the statement which I have marked below Is true in relation to the
entity submitting this sworn statement. [Indicate which statement applies.]
Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity, or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of Its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active In the
management of the entity, or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989. However, there has been a
subsequent proceeding before a Hearing OffIcer of the State of Florida, Division of
Administrative Hearings and the Final Order entered by the hearing OffIcer detennined
that it was not In the publiC Interest to place the entity submitting this sworn statement on
the convicted vendor list. (aUach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY
ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC
ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, fLORIDASTATUTES FOR CATEGORY TWO OF ANY CHANGE
IN THE INFORMATION CONTAlNEDlNTRfS FO.RM
[signature]
Swom to and subscribed before me this
Personally known
OR Produced identification
day of
,2006
Notary Public - State of
My commission expires
(Type of Identification)
(Printed typed or stamped Commissioned name of Notary Public)
Aug..t 11, 2008 (Addendum No.1)
CIi1 of M.....lIHch
ITS No: .......
INVITATION TO BID NO. 38.05106
ACKNOWLEDGMENT OF ADDENDA
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection with this ITB: 38-05106
Addendum No.1, Dated
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this ITB.
Verified with Procurement staff
Name of staff
Date
(Contractor -Name)
(Date)
(Signature )
AugUI' tI, 20M CAddendUIII No. 1)
City of Mllml Buc:h
ITB No: -.SIOe
~
ORDINANCE NO. 2005-3494
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 2, ARTICLE VI, DIVISION 3, BY CREATING SECTION 2-373
THEREOF, ENTITLED "REQUIREMENT FOR CITY CONTRACTORS TO
PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS," BY
MANDATING THAT CITY CONTRACTORS PROVIDE EQUAL BENEFITS FOR
DOMESTIC PARTNERS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
,
WHEREAS, it is in the best interest of the City to be responsible to the changing
needs of society and to treat aU persons fairly and equitably; and
WHEREAS, the City recognizes that long-term committed relationships foster
economic stabUIty and emotional and physiological bonds; and
WHEREAS, the City has adopted a human rights ordinance and seeks to comply
with the fug spirit of It.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Artide VI, Division 3, is hereby
amended to create a new Section 2-373 thereof, entitled "Requirement for City
Contractors to Provide Equal Benefits for Domestic Partners., to read as follows:
ARTICLE VI. PROCUREMENT
*..
DIVISION 3. CONTRACT PROCEDURES
***
SEcnON 2-373. REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE
EQUAL BENEFITS FOR DOMESTIC PARTNERS
!A} Definitions,
For Dumoses of this section onlv. the followina definitions shall aDDlv:
\
ill Benefits mean the followtna olan. Dmara: ~ ~I~V D~~~ : :e~,: ~~ a
Contractor to its emDlovees as Dart of the em 10 e tal n ti k e:
sick leave. bereavement leave. famllv meclicalleave. and he~th be-,;m;.
t2l Bid shall mean a comoetltive bid orocedure established bv the City through the
Issuance of an Invitation to bid. reQuest for olOoosals. reQuest for Qualifications, or
reauest for letters of Interest.
!ID Cash Eaulvalent means the amount of money oald to an emoloyee with a
Domestic Partner (or SDOuse. If aDDllcable) In lieu of orovidina Benefits to the
emolovee's Domestic Partner (or &DOuse. if aQDlicablel. The Cash EQuivalent is
eoual to the emDlover's direct exoense of olOvidlno ~eneflts to an emolovee for his
or her SDOuse,
Cash Eauiva/ent. The cash eouivalent of the followina benefits aoolv:
L For bereavement leave, cash oavment for the number of days that
would be allowed as oald time off for the death Qf a SDOUse. Cash
oavment would be In the form of the waaes of the domestic oartner
emolovee for the number of days allowed,
~ For health benefits. the cost to the Contractor of the Contractor's
share of the sin. monthlv oremlums that are beina oaid for the
domestic oartner emolovee. to be oald on a reaular basis whUe the
domestic oartner emolovee maintains such Insurance In force for
himself or herself.
~ For familv medical leave. cash oavment for the number of days that
would be allowed as time off for an emDloyee to care for a soouse
who has a serious health condition. Cash oavment would be In the
form of the waa8S of the domestic oartner emolovee for the number
of dayS allowed.
~ Contract means any written aareement. ourchase order. standing order or
instrument entered Into oursuant to the award of a Bid wherebY the City is committed
to exoend or does emend funds in return for work, labor. orofessional servl~s.
consultina services. sUDolies. eauiomenl materials. construction, oon8~dk;
related services or any combination of "'e foreaoina.
ffi} Contractor means anv oersoR or oersons. sole oroorietorshlo. oartnersh'o. lolnt
venture. corooration. or other form of doina business. that Is awarded ~ Bid ;~d
enters into a Covered Contract with the City, and which maintains 51 ~ nm;; f~i,-
time emotovees on the oavmll durina twenty (20) or more calendar work M;b ilJ
either the current or the orecedlng calendar Year. Work weeks Include ~~~~t~
and non-consecutive work weeks.
.em Covered Contract means a Contract between the City and a Contractor a;a:ed
subseouent to the date when this section becomes eff8CUw ;al~;t ver
$100.000,
ill Domestic PaMer shall mean anv two (2) adults of the same or different sex.
who have realstered 8S domestic oamers with a aovemmenbii bc;dv ~~~;nt t;;
state or local law authorlzlna such reaistration, or with an internal realstrv maintained
bv the emolover of at least one of the domestic Dartners, A Contractor may Institute
an Intemal realstrv to allow for the Drovislon of eau. benefits to emDloyees with
domestic Dartner who do not register their DartnershlDs Dursuant to a aovemm~ntal
body authorizlna such realstration. or who are located In a lurisdiction where no such
aovemmental domestic DartnershiD registry exists. A Contractor that Institutes such
realstrv shall not Imoose criteria for realstration that are more strinaent than those
reauired for domestic DartnershlD realstratJon by the City of Miami Beach.
au Eaual Benefits means the eQualltv of benefits between emDlovees with .DOUseS
and emDlovees with Domestic Partners. and/or between SDOUSes of emDlovees and
Domestic Partners of emDlovees,
W EQual Benefits Reaulrements.
ill All Bids for Covered Contracts which are Issued on or after the
effective date of this section shall Include the reQuirement to Droylde Eaual Benefits
in the orocurement soeclflcations for such Bids,
W The CItv shall not enter Into any Covered Contract unless the
Contractor certifies that such Contractor does. not discriminate In the DmVIalons:
Benefits between emDlovees with Domestic Partners and emDloyees with SDOU_
and/or between the Domestic Partners and SDOuseS of such emDlQveea,
Q} Such certification shall be In wrltlna and shall be slaned bv an
authorized officer of the Contractor and delivered, alona with a de~=n~ t~
Contractor's emDlovee benefits olan. to the Cltv's Procurement ~_ _r _
enterina into such covered Contract.
W The City Manaaer or his/her deslanee shall relect a Contractor's
certification of comDllance If he/she detenni~s that such Contractor dlscrlmlnat. in
the.orov.ision of Benefits or if t.he C~ Manacier or desianee dete:I:~ :i:
certification was created. or IS belna used for the DUrDOse __ __!lid_ ......J
reaulrements of this section.
W The Contractor shall orovide the City and/or the c~ M.:ana::,~r
his/her designee. access to Its records for the oumose of ud ;----!
Investfaatlons to ascertain comoliance with the orovislons of this 88ctiOn~ an: ~~
reauest shall orovlde evidence that the Contractor Is In comollance ;i_h _
DrOvlslons of this section uoon each new Bid, Contract renewal. or ;';;;;n th~ City
Manaaer has received a comDlaint or has reason to believe the ~:~~~~: ~
be In comDllance with the DI'OVlaIons of this section. This ShaH' : _t e
limited to Drovidlna the Citv and/or the CitY Manaaer or h~f.=~: =
certified CODiss of all of the Contractor's records oertainlna to ___ _l_
and its emDlovrnent ooIlcles and Dractlces.
.em The Contractor must cost a CODY of the followlna statement in
consolcuous DlacaS at its olaC8 of business available to emDlovees and aDDlicants
for emDlovment: .
.Durina the oerformance of a Contract with the CitY of Miami
Beach. Florida. the Contractor will DrOvlde Eaual Benefits to Its
emDlovees with SDOUseS and its emDlovees with Domestic
Partners-,
The oosted statement must also include a City contact teleohone number which will
be Drovlded each Contractor when the Covered Contract Is executed.
m The Contractor may not set uo or use its contractlna entitY for the
DUrDOse of eYadina the reauirements imcosed bY this section,
!m Other Ootions for Comoliance,
Provided that the Contractor' does not discriminate in the Dravision of Benefits. a
Contractor may also comDlY with this section In the foDowina ways:
.1l The Contractor mav orovide an employee with the Cash Eauivalent of
~uch Benefit or Benefits. If the C~ Manacer or hislher desianee determl';; th;t
either:
J.l The Contractor has made a reasonable yet unsuccessful effort to
Drovide Eaual Benefits. The Contractor shall orovide the CItY Mana~r ~r =~:
deslcnee with sufficient Droof of such inabilitv to Drovide sUCh B;~ 0 B _
which shaH Include the measures taken to Drovlde such Benefits or B;n~ ~= ::
Cash Eouivalent Draco_. alooo with its certificate of compllance~ 88 i; I
under subsection (Bl of this section, The CitY Mansaer or hiS d88ia-";~ shan~b;;;d
on submitted evidence. determine whether the Contractor's n':I~~~ ~;I~ ~~~
Benefit or Benefits orecludes such Contractor from enterina I_L _ _ e _ _n__ _
oursuant to the reauirBments of this section: or .
IU Under the circumstances. it would be unreasonable to reaulre the
Contractor to Drovfde Benefits to the Domestic Partner (or 8~~~.I ;D;;;I~b1-;).
21 The Contractor DrovIdes benefits neither to emolovees' SDOuses nor to
8molovees' Domestic Partners.
.an AQDlicabllitv.
.1l Unless otherwise exemDt. a Contractor is 8ublect to and shall comDlv with
all aDDlicable Drovislons of this section.
21 The reaulrements of this section shall aDolv to Contractor's ooerations as
follows:
III Emolovees of a Contractor with a Covered Contract who work
within the City limits of the City of Miami Beach. Florida: and
IU The Contractor's emolovees located In the United States. but
outside of the City of Miami Beach limits. If those emolovee& are directly cerformlno
work on the Covered Contract within the City of Miami Beach,
!E} Mandatory Contract Provisions Pertainine to Eaual Benefits.
Unless otherwise exempt. every Covered Contract shall contain la.:::.~~ :~
obllaates the Contractor to comDly with the aoDlicable Qrovlslons of thIS __ _ _ __
laneuaee shall Include orovlslons for the following:
.1l Curine the cerformance of the Covered Contract, the Contractor certifieS
and reDresents that It will comoly with this section.
2} The failure of the Contractor to comoly with this section will be deemed to
be a material breach of the Covered Contract.
~ If the Contractor faUs to comDly with this section. the City may terminate
the Covered Contract and all monies due or to become ~~~":: ~~ ~~~;d
Contract may be retained bv the City, The CItv may alsO _ __ ___ __ __ _ _If
remedies at law or In eaulty for any breach.
~ If the City Manaosr or his deslanee determines that a Contractor h~ ::::
uo or used its contractioo entitY for the DUmase of eyadlna the reauli8~~t.; __ 's
section. the CItv may terminate the Covered Contract.
~ FaUure to comolv with this section may sublect the C~~~r :; J~
Drocedures set forth in Division 5. entitled -Debarment of Co~ .0_ 0 _ _.~
Work. ·
!El Enforcement.
.11 If the Contractor fails to comDlv with the orovlslons of this section:
.!l The failure to come Iv mav be deemed to be a material breach of
the Covered Contract: or
2.l The Cltv mav terminate the Covered Contract: or
~ Monies due or to become due under the Covered Contract may btt
retained by the City until comDllance Is achieved: or
~ The City may also oursue any and all other remedies at law or in
eauity for anv breach:
ID Failure to comely with this section may also subiect Contractor tQ
the orocedures set forth in Division 5. entitled -Debarment of Contractors from CitY
Work. ·
LW Non-aeolicabllltv. Exceotions and Waivers.
11 The erovlsions of this section shall not aooly where:
Il The Contractor erovides Benefits neither to ernolovees' SDOuses
nor to emeloyees' Domestic Partners,
bl The Contractor is a religious oraanlzatlon. association. society or
anv non-orofd charitable Or educational Institution or oraan'z:tlon ~o:a~:
suoervlsed or controll~ by or In coniunction with a re'lalou ora n tI
association or soci~
~ The Contractor is a aovemmental entity.
2.l The orovisions of this section shan not aoolv to Covered Contracts which
involve:
11 The sale or lease of Citv orooerty.
.tU Deyelooment aoreements entered i:Yer:::::.e~t"t O:Vel~~:~~
163.3220, Florida Statutes. (the -FlOrida Local _ _____ _ _ ___
Aareemenr), as same may be amended.
. ~ The award. DUrs~~nt to co:,oet~e g~ces~f ~DB~ H~M;
SHIP and Surtax Funds administered . t 8 S f C mm n.
Oevelooment.
{fi The award, oursusnt to comoetltive erocesses. of Cultural Arts
Council Grants.
11 The acauisition of orofesslonal architectural. enaJneerin9.
landscaDe architectural. or survev and maDDinQ services DroCUred oursuant to
Chaoter 287.055. Florida Statutes (the .Consultants' ComDetitlve Neaotlatlon Acn.
as same may be amended.
n The Drocurement of life. health. accident. hoSDltalizatlon. leaal
exoense. annuity Insurance. or all or any kinds of other Insurance for the officers and
emDlovees of the CitY. and for the deoendents of such officers and emDJovees. from
a QroUD insurance olan.
.al Uoon the reauest and written recommendation of the CiW Manaaer. the
City Commission mav. bv resoluUon adoDted by a five-seventh (517ths) yote of the
City Commission. waive comDllance of this sectpn under the followlru]
circumstances:
11 The Covered Contract Is necessarv to reSDond to an emeraencv,
where the existence of an ememency Is reQuested. uoon written recommendation of
the City ManaQer. and same is determined by the City Commission, For OUrOOSM Of
waiyer under this subsection onfv. in determinina whether th818 is an emeraencv.
the CItY Commission may consider the followlna non-excluslve factors:
11 The nature of the Covered Contract:
ill The length of the Covered Contract:
llU The cost of the Covered Contract:
Ix} Whether arants are involved In the Covered Contract and the
reQuirements of those arants
~ Whether there is a need to have materials. aoods. and
services fumlshld immediatelY and the consea~ences of a
del~y In haYlna those materials. aoods. and services
fumlshed:
ID The monetary conseauences if action is not taken
Immediately:
ill Anv health. safety. and welfare issues that may be Inyolved,
~ Increased labor costs. and schedulina of labor:
l2tl The need to comolete work before a strtct deadline: or
xl The InlDact of delaYina one Dhase or oortion of a orolect on
the other Dhasels) or oortlon(s) of the orolect.
.b.l Where only one Bid resoonse Is received:
~ Where more than one Bid resoonse is received. but the Bids
demonstrate that none of the bidders can cornolv with the rea~lrem;~~ ~ this
section. and one or more of the Bids received WOUld othe-;;A~ h~~ ~~n
resoonslve ~ comDliance with this section would not haY; be;; I~t;d ;; ,
reoulrement In the Bid 8Declficatlons:
sO Where more than one Bid reSDOnse is received and Bid resDOnses
are received from:
n
ID
one or more bidders that com~v with the reaulrements of
this section and are otherwise resDon.IYe: and
one or more bidders that do not or cannot comDlv with the
reaulrements of this sectiQn. but would otherwise have been
resDonslve If comDllance with this section would not hav,
been listed as a reauirement in the Bid 'D8cifications: and
the Procurement Director's review of the Bids demonstratEts
that the cost of the Bid (and/or the DroooSed CoveRKl
Contract which may be neaotiated for such Bkn. as
submitted bv the lowest reSDOnsive bidder which comDII.
with the reaulrements of this section (or. in the case of a
DroDOSSI. the DrOoosal of the toD-ranked DroDOSer). would be
at least fIVe oercent (5%), or two hundred fifty thousand
dollars 1S250.00Q) lwh'chever Is less). areater than the
lowest resoonslve bid. submitted bv the bidder whlct't ~oes
not comDlv with the reaulrements of this section but woul~
otherwise have been resoonslve If comDliance with this
section would not have been listed as a reaulrement In the
Bid sD8Cificatlons lor, In the case of a DroDOsal. where the
too.ranked DroDOSer which 40es not comolv with the
reaulrements of this section. but would otherwise have been
resDOnslve If comollance with this section would not have
been listed as a reauirement in the Bid 8D8cJf1catlons):
1!I.l
then. UDOn reauest and written recommendation of the City Manaaer. the City
Commission mav. bv resolution adODted bv a 517ths vote of the clt;~;;;h.sk;~,
waive cornollance of this section. and award the Bid to the ~t bid~~ (;~if.,
DroCOsal. to the toD ranked DroDOser) which does not comDlv with the r80ub~e~
of this section but would otherwise have been resDOnsive if comDllance ;,tih this
section would not have been Dated as a reauirement in the Bid SC8Ctftca~~S:
.a:n Consistencv with Federal or State Law.
The crevlsions of this section do not aDDlv where the aDDllcation of these Drovisions
would violate or be inconsistent with the laws. rules or r89u1atiO~s ~ i8d;';1 ;.--;.;rt;
law. or where the aDDlication would violate or be I~~;t;.;t ~h t;; ~S-9I
conditions of a orant or contract with the United States of ~rf~. h shit: d
Florida. or the instruction of an authorized reoresentatJves Ot a;;~ Oft';";; a~~d;
with resDect to anv arant or contract.
.ill Nothlna In this section shall be constnJed to limit the CitY's authoritY to cancel or
termln.te a Contract. denv or withdraw aDoroval to .D8t1Orm ~ ~~~ o;~
SUDDlfes. Issue a non-l'8sDOnslbllty findina, Issue a ~~~~~;.;.;; indina.
deny a oerson or entitY ore-aualificatlons, or otherwise deny a Derson or entitY CItv
business.
ill Tlmlna of Aoollcation,
This section shall be aoolicable onlY to Covered Contracts awarded oursuant to Bids
which are Issued six (6) months from the date when this section becomes effecUve.
SECTION 2. REPEALER
All ordinances or parts or ordinances in conflict herewith be the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall In no
way affect the validity of the remaining porllons of this ordinance,
SECTION 4. CODIFICATION
It is intention of the Mayor and City Commission of the City of Miami Beach, and It is
hereby ordained that the proviSions of this ordinance shall become and be made a
pari of the Code of the City of Miami Beach, Florida. The sections of this ordinance
may be renumbered or relettered to accomplish such Intention, and the word
"ordinance- may be changed to "section", "article", or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect the 29th
PASSED and ADOPTED thl.l~ day of October .2
ATTEST: .
~t 'wk
October
, 2005.
David Dermer
CITY CLERK Robert Parellier
APPROVED A810
FORM a LANGUAGE
.FOR~ ".
f1;~J~/O~
CIIy~ Date
F:\atto\AGUR\RESOS.ORD\Equ81 BeneII. OrdInallClt (FIn8I).doc
e MIAMI BEACH
CITY OF MIAMI BEACH
DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS
Section 1. Vendor Information
Name of Company:
Name of Company Contaa Person:
Phone Number:
Fax Number:
E-mail:
Vendor Number (if known):
Federal 10 or Social Security Number:
Approximate Number of Employees in the U.S.:
Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes_No
Union narne(s):
Section 2. Compliance Questions
Question 1. Nondiscrimination - Protected Classes
A. Does your company agree to not discriminate against your employees. applicants for
employment, employees of the City, or members of the public on the basis of the feet or
perception of 8 person's membership in the categories listed below? Please note: a .VES.
answer means your company agrees it will not dl8criminate; a .NO. answer means your
company refuses to agree that it will not discriminate. Please answer yes or no to each
category.
Raca
Color
Creed
Religion
National origin
Ancestry
Age
Height
Ves _ No
Yes _ No
_ Ves_No
_ Ves_No
_ Ves_No
Vea _ No
Ves _ No
Ves _ No
Sex
Sexual orientaUon
Gender identity (transgender status)
Domestic partner status
Marital .latus
Diaability
AIOSIHIV status
Weight
_ Ves No
_ Yes_No
_ Ves_No
_ Ves_No
_ Ves_No
_ Yes_No
Ves _ No
_ Ves_No
B. Does your company agree to insert a similar nondiscrimination proVISion in any
subcontract you enter into for the performance of a substantial portion of the contract you
have with the City? Please note: you must answer this question, even if you do not intend
to enter into any subcontracts.
Ves _ No
Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic
Partners
Questions 2A and 28 should be answered YES even If your employees must
some or all of the cost of ull8l or domestic rtner benefits.
A. Does your company provide or offer access to any benefits to employees with
spouses or to spouses of employees?
Ves _ No
8. Does your company provide or offer aCCle. to any benefits to employees with
(same or opposite lex) domestic partners. or to domestic partners of
employees? _ Yes _No
rrhe tenn Domestic Partner shaD mean any two (2) adu1t8 of the ..me or different
sex, who have registered 88 domeatlc partners with a govemment body pursuant to
state or local law authorizing such registration, or with an internal registry
maintained by the employer of at least one of the domestic partners. A Contractor
may institute an Intemal registry to anow for the provision of equal benefits to
employees with domestic partner who do not regiltertheir partnel'8hlps pursuant to
a governmental body authorizing such registration, or who are located in a
jurisdiction where no such govemmental domestic partnership eXists. A Contractor
that Institutes such registry shall not impose criteria for registration that are more
stringent than those required for domestic partnership registration by the City of
Miami Beach
If vou answered 'NO. to both Questions 2A and 28, go to Section 4 (at the bottom of
this page), complete and sign the fann, fining In all items requelled.
If you answered .VES. to either or both Questions 2A and 28, please continue to
Question 2C below.
Question 2. (continued)
C. Please check all benefits that apply to your answers above and list in the .other" section
any additional benefits not already specified. Note: some benefits are provided to
employees because they have a spouse or domestic partner, such as bereavement leave;
other benefits are provided diredJy to the spouse or domestic partner, such as medical
insurance.
BENEFIT Ves for Yes for Emp1OY"8 No, this Benefit Documentation of this
Employ... with with Domestic Is Not OffeNd Benefit Is Submitted
Spous.. p,rtnars with this Fonn
Health c c c c
Dental 0 c 0 D
Vision c c c c
Retirement (Pension, c 0 D c
401(kl. etc.)
Bereavement c [J c c
Family leave c [J c [J
Parental Leave c [J D C
Employee Assistance [J D C [J
~ram
Relocation & Travel D a c [J
Company Discount. 0 0 c [J
Facilities & Events
Credit Union c [J c a
Child CaA! c [J 0 0
Other 0 0 D D
Note: If you can not offer a benefit in a nondiscriminatory manner because of I'888On.
outside your control, (e.g.. there .. no insurance provide,.. in your area wilUng to offer
domestic partner coverage) you may be eUgible for Reasonable Mea8UfU compliance.
To comply on thl8 ba1l8. you must agree to pay a cash equivalent, submit a completed
Reasonable Mea8ures Application with all necessary attachmenta, and have your
appliQatlon approved by the City Manager, or his designee.
Section 3. Required Documentation
YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit martced in Queatlon 2C. WIthout
proper documentation, your company cannot be certified a8 complying with the Clty's Equal Benefits
Requirement for Domestic Partner Ordinance. For example, to document medical insurance 8ubmit a statement
from your insurance provider or a copy of the eligibility section of your plan document; to document leave
programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does
not exist, attach an explanation.
Have you submitted supporting documentation for each benefit offered?
_Yes_No
SectIon 4. Executing the Document
I declara under penalty of perjury under the lawa of the State of Florida that the foregoing Is true and
correct, and that I am authorized to bind this entity contractuaUy.
Executed this day of . in the year
. at
'-
City State
Signature
Mailing Address
Name of Signatory (please print)
City, State, Zip Code
Title
.'
G MIAMIBEACH
CITY OF MIAMI BEACH
REASONABLE MEASURES APPLICATION
Declaration: Nondiscrimination in Contracts and Benefits
Submit this form and supporting documentation to the City's Procurement Division ONL Y IF
you:
a. Have taken all reasonable measures to end discrimination in benefits; and
b. Are unable to do so; and
c. Intend to offer a cash equivalent to employees for whom equal benefits are not available.
You must submit the following information with this form:
1. The names, contact persons and telephone numbers of benefits providers contacted for the
purpose of acquiring nondiscriminatory benefits;
2. The dates on which such benefits providers were contacted;
3. Copies of any written response(s) you received from such benefits providers, and if
written responses are unavailable, summaries of oral responses; and
4. Any other information you feel is relevant to documenting your inability to end discrimination
in benefits, including, but not limited to. reference to federal or state laws which preclude the
ending of discrimination in benefits.
I declare (or certify) under penalty of perjury under the laws of the State of Florida that the
foregoing is true and correct, and that I am authorized to bind this entity
contractually.
Name of Company (please print)
Mailing Address of Company
Signature
City, State, Zip
Name of Signatory (please print)
Telephone Number
Title
Date
Definition of Terms
A. REASONABLE MEASURES
The City of Miami Beach will determine whether a City Contractor has taken all reasonable
measures provided by the City Contractor that demonstrates that it is not possible for the City
Contractor to end discrimination in benefits. A determination that it is not possible for the City
Contractor to end discrimination in benefits shall be based upon a consideration of such factors as:
(1) The number of benefits providers identified and contacted, in writing, by the City Contractor,
and written documentation from these providers that they will not provide equal benefits;
(2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and
(3) The existence of federal or state Jaws which preclude the City Contractor from ending
discrimination in benefits.
B. CASH EQUIVALENT
"Cash Equivalenr means the amount of money paid to an employee with a Domestic Partner (or
spouse, if applicable) in lieu of providing Benefits to the employees' Domestic p.artner (or spouse, if
applicable). The Cash Equivalent Is equal to the employer's direct expense of providing Benefits to
an employee for his or her spouse.
Cash Equivalent. The cash equivalent of the following benefits apply:
a. For bereavement leave, cash payment for the number of days that would be allowed as paid
time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner
employee for the number of days allowed. .
b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly
premiums that are being paid for the domestic partner employee. to be paid on a regular basis whUe
the domestic partner employee maintains the such insurance in force for himself or herself.
c. For family medical leave, cash payments for the number of days that would be allowed as time
off for an employee to care for a spouse that has a serious health condition. Cash payment would
be in the form of wages of the domestic partner employee for the number of days allowed.
G MIAMI BEACH
CITY OF MIAMI BEACH
SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM
Declaration: Nondiscrimination in Contracts and Benefits
This form, and supporting documentation, must be submitted to the Procurement
Division by entities seeking to contract with the City of Miami Beach that wish to delay
ending their discrimination in benefits pursuant to the Rules of Procedure, as set out
below.
Fill out all sections that apply. Attach additional sheets as necessary.
A. ODen Enrollment
Ending discrimination in benefits may be delayed until the first effective date after the
first open enrollment process following the date the contract with the City begins,
provided that the City Contractor submits to the Procurement Division evidence that
reasonable efforts are being undertaken to end discrimination in benefits. This delay
may not exceed two years from the date the contract with the City is entered into, and
only applies to benefits for which an open enrollment process is applicable.
Date next benefits plan year begins:
Date nondiscriminatory benefits will be available:
Reason for Delay:
Description of efforts being undertaken to end discrimination in benefits:
B. Administrative Actions and Reauest for Extension
Ending discrimination in benefits may be delayed to allow administrative steps to be
taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure.
The time allotted for these administrative steps shall apply only to those benefits for
which administrative steps are necessary and may not exceed three months. An
extension of this time may be granted at the discretion of the Procurement Director,
upon the written request of the City Contractor. Administrative steps may include. but
are not limited to. such actions as computer systems modifications, personnel policy
revisions, and the development and distribution of employee communications.
Description of administrative steps and dates to be achieved:
If requesting extension beyond three months, please explain basis:
C. Collective Baraainina Aareements (CBA)
Ending discrimination in benefits may be delayed until the expiration of a City
Contractor's Current collective bargaining agreement(s) where all of the following
conditions have been met:
1. The provision of benefits is governed by one or more collective bargaining
agreement(s);
2. The City Contractor takes all reasonable measures to end discrimination in benefits
either by requesting that the Unions involved agree to reopen the agreements in order
for the City Contractor to take whatever steps necessary to end discrimination in
benefits or by ending discrimination in benefits without reopening the collective
bargaining agreements; and .
3. In the event that the City Contractor cannot end discrimination in benefits despite
taking all reasonable measures to do so, the City Contractor provides a cash
equivalent to eligible employees for whom benefits are not available. Unless otherwise
authorized in writing by the Procurement Director, this cash equivalent payment must
begin at the time the Unions refuse to allow the collective bargaining agreements to be
reopened. or in any case no longer than three (3) months from the date the contract
with the City is entered into.
For a delay to be granted under this provision, written proof must be submitted with
this form that:
· The benefits for which the delay Is requested are governed by a coUective
bargaining agreement;
· All reasonable measures have been taken to end discrimination in benefits (see
Section C.2, above); and
· A cash equivalent payment will be provided to eligible employees for whom benefits
are not available.
I declare (or certify) under penalty of perjury under the laws of the State of Florida that
the foregoing is true and correct, and that I am authorized to bind this entity
contractually.
Name of Company (please print)
Mailing Address of Company
City, State, Zip
Signature
Name of Signatory (please print)
Telephone Number
Title
Date
COMMISSION ITEM SUMMARY
Condensed Title:
Authorize the Administration to Enter into Negotiations, Pursuant to Invitation to Bid No.38-o5lO6, for
Alton Road Medians Beautification Project with the Best Value Bid Received from SUperior
Landscaping & Lawn Service; and Authorizing the Mayor and City Clerk to Execute an Agreement
U n Conclusion of Successful N tiations.
Ke Intended Outcome Su orted:
To Increase Satisfaction with Neighborhood Character.
Issue:
Shall the City Commission Authorize the Administration to Enter into Negotiations and Authorize the
Mayor and City Clerk to Execute a Contract upon Completion of SUccessful Negotiations for the Alton
Road Medians Beautification Project?
Item Summarv/Recommendatlon:
The purpose of this bid is to establish a contract, by means of sealed bids, with a qualified contractor for
the implementation of landscaping and irrigation work for the Alton Road Medians Beautification Project.
This project shall be substantially completed within forty-five (45) calendar days from the issuance of the
~ Notice to Proceed, and completed and ready for final payment within fifteen (15) calendar days
from the date certified by the City's Landscape Architect as the date of Substantial Completion.
Invitation to Bid (ITB) 38-05106 was issued on July 21, 2006 with an opening date of August 24, 2006. A
pre-bid conference to provide information to prospective contractors was held on August 9, 2006. Bid Net
issued bid notices to thirty (30) prospective bidders, and the Procurement Division notified an additional
fifteen (15) firms resulting in fIVe (5) bidders requesting the ITB document, which resulted in the receipt of
the following three (3) bids from:
. Lawn Keepers of South Florida, Inc. ("Lawn Keepers")
. SFM Services, Inc. ("SFM")
. Superior Landscaping & Lawn Service, Inc. ("Superior")
The City's Assistant Director, Parks and Recreation, Parks Superintendent, and Parks Superintendent,
Urban Forestry reviewed and evaluated the bids received. After completing their review and subsequent
evaluation, they voted unanimously to recommend Superior Landscaping & Lawn Service. Inc. as the top-
ranked Contractor.
ACCEPT THE CITY MANAGER'S RECOMMENDATION
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account Approved
Funds: 1 $48,990 196-2341-064357
[ill 2 $88,956 196-2341-064357
3 $112,864 384-2341-064357
4 $25,082 384-2341-061358
OBPI Total $275,892
Financial Impact Summary:
Islative Trackln
JMG
tD
,.,.
MIAMI BEACH
21
AGENDA ITEM
DATE
e~c.
9~-()"
(9 MIAMI BEACH
city of Miami leach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochR.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~ ~~.dL-
DATE: September 6, 2006
SUBJECT: REQUEST FOR APPROVAL TO AUTHORIZE THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS, PURSUANT TO INVITATION TO BID (ITB) NO.
38.05106, FOR THE ALTON ROAD MEDIANS BEAUTIFICATION PROJECT,
WITH THE BEST VALUE BID RECEIVED FROM SUPERIOR LANDSCAPING &
LAWN SERVICE, INC.; AND FURTHER AUTHORIZE THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT UPON COMPLETION OF SUCCESSFUL
NEGOTIATIONS.
ADMINISTRATION RECOMMENDATION
Approve the Recommendation.
FUNDING
Funds are available in the amount of 5275,892 as indicated below:
SUMMARY
Grant Drolect costs
Plant materials, fertilizer, soil amendments
Labor for installation of the plantings
Total Grant costs
$48,990 196-2341-064357
588.956 196-2341-064357
5137,946
ADDllcant matchlna Drolect costs
Plant material
Water (Irrigation system)
Removal of palms
Transplanting of palms
Design Fee
Total Applicant costs
$14,550
$83,314
$ 1,200
$13,800
525.082
5137,946
384-2341-064357
384-2341-064357
384-2341-064357
384-2341-064357
384-2341-061358
Based on the fact that the Grant monies are due to expire on December 31, 2006, the
Administration decided to "fast track" this projeCt in order to have the project completed,
accepted and paid for by the City prior to the above mentioned deadline. Approval by the
City Commission on this September 6,2006 agenda should allow the time required to meet
said deadline.
22
Commission Memorandum
ITB No. 38-05/06 - Alton Road Medians Beautification Project
Page 2
ANALYSIS
The purpose of this bid is to establish a contract, by means of sealed bids, with a qualified
contractor for the implementation of landscaping and irrigation work for the Alton Road
Medians Beautification Project.
SCOPE OF WORK
The Contractor will provide the implementation of landscaping and irrigation work for the
Alton Road Medians Beautification Project. The landscaping work shall Include, but not be
limited to, furnishing plant material, root pruning and tree/palm relocations where required,
layout, protection to the public, excavation, installation, backfilling, fertilizing, mulching,
staking and guying where required, watering, pruning, sodding, weeding, mowing, cleanup,
maintenance and guarantee.
The irrigation work shall include, but not be limited to, furnishing irrigation materials (pipe,
valves, sprinkler heads, fittings, controllers, electrical, wire and fittings, primer, glue, etc.),
layout, projection to the public, excavation, assemble, installation, backfilling, compaction,
repair of road or pavement surfaces, controller and low voltage feed to the valves, clean-up,
maintenance and guarantee, and as-built plans.
QUALITY ASSURANCE
The irrigation work shall be installed by qualified personnel or a qualified irrigation
subcontracting company that has experience in irrigation systems of similar size, scope,
mainline, system pressure, controls, etc.
All applicable ANSI, ASTM, FED.SPEC. Standards and Specifications, and all applicable
building codes and other pUblic agencies having jurisdiction upon the work shall apply.
Workmanship: All work shall be installed in a neat, orderly and responsible manner with the
recognized standards of workmanship. The Landscape Project Coordinator reserves the
right to reject material or work which does not conform to the contract documents. Rejected
work shall be removed or corrected at the earliest possible time at the contractor's expense.
PROJECT CONDmONS
The Contractor shall coordinate the work with all other trades, all underground
improvements, the location and planting of trees and all other planting. Verify planting
requiring excavation 24 in. diameter and larger with the Landscape Project Coordinator prior
to installation of main lines.
Provide temporary irrigation at all times to maintain plant materials.
The Contractor is responsible to maintain the work area and equipment until final
acceptance by the Landscape Project Coordinator. Repairs and replacement of equipment
broken, stolen, or missing as well as regular maintenance operations shall be the obligation
of the contractor.
23
Commission Memorandum
ITB No. 38-05/06 - Alton Road Medians Beautification Project
Page 3
ANALYSIS (Cont.)
The Contractor shall submit a traffic control plan (per FOOT specifications) to the Landscape
Project Coordinator prior to initiating construction on the site. The Contractor shall be
responsible for the maintenance of traffic signs. barriers, and any additional equipment to
comply with the FOOT standards and to ensure the safety of its employees and the public.
GUARANTEE
The irrigation system shall be guaranteed for a minimum of one calendar year from the time
of final acceptance.
REPAIR UTILITIES
The Contractor will be responsible to verify this location of all utilities by hand excavation or
other appropriate measures before performing any work that may result in damage to utilities
structures, or property.
The Contractor shall take immediate steps to repair, replace, or restore all services to any
utilities which are disrupted due to this operation. All costs involved in disruption of service
and repairs due to negligence on part of the Contractor shall be the responsibility of the
contractor.
MAINTENANCE PERIOD
The irrigation system shall be maintained for a period of 60 days after final acceptance of
installation. Maintenance shall include checking of the system two (2) times per week.
Contractor shall be responsible to replace/repair any broken or malfunctioning parts of the
system including those damaged by accidents or vandalism. Repairs shall be made
invnediately at the time of inspection or when notified by the Landscape Architect.
CLEANUP
Disposal of Waste: All waste and other objectionable material created through planting
operations and landScape construction shall be removed completely on a daily basis from
the job or as directed by the Landscape Architect. Any paved areas including curbs and
sidewalks which have been strewn with soil, sod waste, fertilizer or other waste shall be
thoroughly swept The Department is not required to supply areas or facilities for storage or
removal of waste on-site.
Excess Fill: All excess fill shall be removed and disposed of from the project at no additional
cost to the City. Excess fill shall be disposed of as required.
PROTEcnON
The Contractor shall provide safeguards for the protection of workmen and others on, about.
or adjacent to the work, as required under the parameters of the Occupational Safety and
Health Administration (O.S.H.A.) standards.
The Contractor shall protect the Owner's and adjacent property from damage.
24
Commission Memorandum
ITB No. 38-05/06 - Alton Road Medians Beautification Project
Page 4
ANALYSIS (Cont.)
The Contractor shall protect the landscape work and materials from damage due to
landscape operations. Maintain protection during installation and maintenance periods.
The Contractor shall provide protection (tree barricades) for all existing trees and palms as
specified.
PLANT MATERIAL
Except where another grade is specifically called for in the Plans, all plant material shall be
no less than Florida No.1, or better, at the time of installation and final acceptance.
Habit of Growth: All plant material shall have a habit of growth that is normal for that species
and shall be sound, healthy, vigorous and free from insects, plant diseases and Injuries.
Measurement of Trees. Palms. Shrubs & Ground Cover:
Measurement of Trees, Palms, Shrubs, & Ground Cover:
Rootball: Requirements for the measurement of rootball diameter and depth shall comply
with requirements as set forth in the latest edition of the Florida Department of Agriculture's
-Grades and Standards for Nursery Plants, Part 1 and Part 2-.
Heiaht: The height of plant material shall be measured from finish grade and continue up to
where the main mass of the plant uniformly ends. The height shall not include any singular
or isolated parts of the plant, such as leaves, shoots, branches, limbs or fronds, which
extend out beyond the main mass of the plant.
Width: The width of plant material shall be measured from one side of where the main mass
uniformly ends and continue to the other side of where the main mass of the plant uniformly
ends. The width shall not include any singular or isolated parts of the plant, such as leaves,
shoots, branches, limbs or fronds, which extend out beyond the main mass of the plant.
Calioer: The caliper of tree trunks shall be measured 3' above the ground unless:
Palms: Requirements for the measurement of clear trunk, clear wood, graywood, rootball
diameter and depth shall comply with requirements as set forth in the latest edition of the
Florida Department of Agriculture's -Grades and Standards for Nursery Plants, Part 2-.
All sizes shown for plant material on the Plans are to be CONSIDERED AS MINIMUMS. All
plant material must meet or exceed these minimum requirements for height, spread, etc. as
indicated on the Plans. When plant sizes are specified as a range of size, installed material
shall average the mean of the range specified.
Die-Back and Leaf-DroD: Plant material showing signs of die-back or leaf-drop will not be
accepted and must be removed from the project immediately If so directed by the Landscape
Architect. Therefore, any plant material with tendencies toward leaf-drop or dle-back must be
root pruned early enough to provide a sound network of hair roots prior to relocation.
25
Commission Memorandum
ITS No. 38-05/06 - Alton Road Medians Beautification Project
Page 5
ANALYSIS (Cont)
Mechanical Destruction of Foliaoe: Mechanical destruction of foliage resulting from root
pruning shall not affect more than 10% of the total foliage prior to planting on the project.
Loss of foliage caused by seasonal change will be accepted.
SDanish Moss: If Spanish Moss (Tillandsia useoides) exists on plant material, it shall be
completely removed prior to planting on the project.
Palms:
Before Transporting: See "Delivery and Handling" for requirements related to wrapping of
root balls.
Remove a minimum of fronds from the crown of the palms to facilitate transporting and
handling. Tying of palms shall be at the option of the Contractor.
To reduce head volume, Palm fronds may be taper trimmed by not more than one-third.
Palms with bum marks and frond boots on trunk will not be accepted. Frond boots shall be
removed unless specified to remain.
For sabal palms, remove all fronds to the base including the terminal frond, prior to removing
from the truck carrying the palms from the field where they were collected.
Palms showing cable or chain marks and equipment scars shall be rejected.
Plant material shall not be accepted when the ball of earth surrounding its roots has been
cracked, broken or otherwise damaged.
Root pruning of plant material, when required by the Landscape Architect, shall be done a
minimum of four (4) weeks or for a period as determined by the Landscape Architect, prior to
planting at the project.
Prior to root pruning, the Contractor shall give 48 hour advance notice to the Landscape
Architect advising of the date to root prune any plant material. This shall allow for any
inspections during or after the root pruning, if necessary.
SOD
Sod shall be the species shown on the plan. The quality grade shall be STANDARD. NOTE:
Quality grade shall be based on the standards of sod quality grades as established by the
TURFGRASS PRODUCERS ASSOCIATION OF FLORIDA, INC. The sod shall be well
matted with roots and of firm, tough texture having a compact top growth and heavy root
development. The allowable weed content shall be as follows:
No casually visible broad leaf weeds, no obvious patches of weeds and no more than 2% of
any other grass or weed in the total canopy.
26
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Commission Memorandum
ITB No. 38-05/06 - Alton Road Medians Beautification Project
Page 6
ANALYSIS (Cont.)
Sod sections shall be strong enough to support their own weight and retain their size and
shape when suspended vertically from a firm grasp on the upper 10% of the section. Sod
shall be relatively free of thatch, up to one half inch allowable (uncompressed).
The soil embedded in the sod shall be a clean earth free of stones and debris.
Mowina: The sod shall have been mowed at least three times with a lawn mover with final
mowing not more than seven days prior to the sod being cut for placement.
Cuttina: Sod shall not be harvested when moisture content (excessively dry or wet) may
adversely affect its survival. After approval of source, mow and rake as necessary to remove
excessive top growth and debris. Cut sod with sod cutters, retaining native soil mat of
sufficient thickness to withstand handling. The sod shall be provided In commercial pad
sizes measuring not less than 12: by 24- and planting. It shall be machine cut at a uniform
sort thickness of 1 % inches to 1 % inches, plus or minus % inch, at time of cutting.
Measurement for thickness shall exclude top growth and thatch. The sod shall be live, fresh
and uninjured at the time of planting.
Deliverv: Deliver sod on pallets with root system protected from exposure to wind and sun.
Deliver sod in quantities capable of being planted within 48 hours of cutting. It shall be
planted within 48 hours after being cut and shall be shaded and kept moist from the time it is
cut until it is planted.
Handlina: Handle sod in a manner to prevent dislodging native soil mat. Tearing of sod shall
be prohibited.
COMPOST MATERIAL
Compost shall be composed primarily of thoroughly decomposed vegetative matter with no
more than 40% by volume or weight of non-vegetative materials such as glass or plastic.
Particle size of 318- or less, bulk density of 20-30 Ibs; moisture content 25-35%, and water
holding capacity 100%.
The Contractor shall submit a sample of the material and as analysis of the composition of
the materials (percent of each) for review and approval of the Landscape Architect.
WATER
The Contractor is responsible to ascertain the location and accessibility of a potable water
source. The Contractor is responsible for distribution of water to the areas of planting. If
there is no source of potable water available at the job site approved for use, then the
Contractor shall be responsible for bringing in a water truck or tank for hand watering. If
during the planting, water availability previously agreed to, is curtailed, the Contractor shall
notify, In writing within 24 hours, the Department of the condition and, if the Contractor
deems necessary, his intent to cease work until water is restored. For plants already
installed prior to cut-off of water availability, the Contractor shall continue to be responsible
for providing water as required by specifications.
27
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Commission Memorandum
ITS No. 38-05106 - Alton Road Medians Beautification Project
Page 7
ANALYSIS (ConI.)
RESPONSIBILITY PRIOR TO FINAL ACCEPTANCE
Certain resDOnsibilities orior to final acceotance: The following is a partial list of certain
responsibilities. It is not a complete list, but only a summary of certain responsibilities. There
are other responsibilities indicated elsewhere in the Plans and Specifications.
The lack of listing a responsibility on the foltowing list does not .relieve the Contractor of the
responsibility if it is indicated elsewhere in the Plans and Specifications. Also, the listing of
responsibility on the following list does not necessarily make it any more important then one
which is not listed.
The Contractor is responsible for the entire project prior to final acceptance.
The Contractor is responsible for safety on and off the job site.
Maintenance Prior to Final Acceotance:
Maintenance shalt begin immediately after each plant is planted and continue until final
acceptance except for the watering indicated in the paragraph below. This watering shalt
begin as indicted and shalt continue until completed, even if the indicated period goes
beyond the time of final acceptance.
Plant maintenance shalt include watering, pruning, weeding, cultivating, repair of erosion,
mulching, tightening and repairing of guys, stakes, braces, etc., replacement of sick or dead
plants, resetting plants to proper grades or upright position, maintenance of the watering
saucer, litter removal, and all other care needed fro proper growth of the plants. Mowing and
edging shalt be done at least every fourteen (14) days and the irrigation system shalt be
checked at each mowing cycle and report and repairs required to be responsible Contractor
or Department
Immediately after planting, each plant shalt be watered and the watering period shall
continue until final acceptance or for a minimum of 42 consecutive calendar days, whichever
is greater in time. Refer to the section entitled UWateringU for additional requirements.
All plant material shall be. weeded once a week. In the event that weeds or other undesirable
vegetation becomes prevalent to such an extent that they threaten plant material, the weeks
shalt be removed as directed by the Landscape Architect. If necessary, the plant material,
mulch, sand and/or planting soil shalt be replaced as needed to eliminate weeds or
undesirable vegetation at the expense of the Contractor.
LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS
Contractor shalt confonn to and obey alt applicable laws, regulations, or ordinances with
regard to labor employed, hours of work and CONTRACTOR'S general operations.
Contractor shalt conduct its operations so as not to close any thoroughfare, nor interfere in
any way with traffic on railway, highways, or water, without the prior written consent of the
proper authorities.
28
Commission Memorandum
ITB No. 38-05/06 - Alton Road Medians Beautification Project
Page 8
ANALYSIS ICont.)
SAFETY AND PROTECTION
Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Project. CONTRACTOR shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
All employees on the work site and other persons who may be affected thereby;
All the work and all materials or equipment to be incorporated therein, whether in storage on
or off the Project site; and
Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
HURRICANE PRECAUTIONS
During such periods of time as are designated by the United States Weather Bureau as
being a hurricane waming or alert, the Contractor, at no cost to the City, shall take all
precautions necessary to secure the Project site in response to all threatened stann events,
regardless of whether the City or Landscape Architect has given notice of same.
Compliance with any specific hurricane warning or alert precautions will not constitute
additional work.
Suspension of the Work caused by a threatened or actual storm event, regardless of
. whether the City has directed such suspension, will entitle the Contractor to additional
Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for
compensable delay.
PROJECT RECORDS
City shall have the right to inspect and copy, at City's expense, the books and records and
accounts of Contractor which relate in any way to the Project, and to any claim for additional
compensation made by Contrator, and to conduct an audit of the financial and accounting
records of Contractor which relate to the Project and to any claim for additional
compensation made by Contractor.
Contractor shall retain and make available to City all such books and records and accounts,
financial or otherwise, which relate to the Project and to any claim for a period of three (3)
years following Final Completion of the Project. During the Project and the three (3) year
period following Final Completion of the Project, Contractor shall provide City access to its
books and records upon seventy-two (72) hours written notice.
29
~ ~ -~ ----- - - ---~-_.~-_._-~-_...~------- ~- - -- --
Commission Memorandum
ITB No. 38-05/06 - Alton Road Medians Beautification Project
Page 9
ANALYSIS (Cont.)
CONTRACT TIME
Contractor shall be instructed to commence the Work by written instructions in the form of a
Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by
the City's Landscape Architect.
Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence
scheduling activities, permit applications and other preconstructlon work within five (5)
calendar days after the Project Initiation Date, which shall be the same as the date of the
first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued
until Contractor's submission to City of all required documents (including but limited to:
Payment and Performance Bonds, and Insurance Certificate) and after execution of the
Contract by both parties.
The receipt of all necessary permits by Contractor and acceptance of the full progress
schedule in accordance with technical specifications section, submittal schedule and
schedule of values is a condition precedent to the issuance of a second Notice to Proceed to
mobilize on the Project site and commence with physical construction of the work. The
Contractor shall submit all necessary documents required I;)y this proviSion within ten (10)
calendar days of the issuance of the first Notice to Proceed.
Time is of the essence throughout this Contract. This project shall be substantially
completed within forty-five (45) calendar days from the issuance of the second Notice to
Proceed, and completed and ready for final payment within fifteen (15) calendar days from
the date certified by the City's Landscape Architect as the date of Substantial Completion.
Upon failure of Contractor to substantially complete the Contract within the specified period
of time, plus approved time extensions, Contractor shall pay to City the sum of One-
Hundred Dollars ($100.00) for each calendar day after the time specified In the paragraph
above, plus any approved time extensions, for Substantial Completion. After Substantial
Completion should Contractor fail to complete the remaining work within the time specified,
plus approved time extensions thereof, for completion and readiness for final payment,
Contractor shall pay to City the sum of One-Hundred Dollars ($100.00) for each calendar
day after the time specified, plus any approved extensions, for completion and readiness for
final payment.
These amounts are not penalties but are liquidated damages to City for its inability to obtain
full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed
and agreed upon between the parties, recognizing the impossibility of precisely ascertaining
the amount of damages that will be sustained by City as a consequence of such delay, and
both parties desiring to obviate any question of dispute concerning the amount of said
damages and the cost and effect of the failure of Contractor to complete the Contract on
time.
The above-stated liquidated damages shall apply separately to each portion of the Project
for which a time for completion is given.
30
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Commission Memorandum
ITB No. 38-05/06 - Alton Road Medians Beautification Project
Page 10
ANALYSIS (Cont.)
City is authorized to deduct liquidated damages from monies due to Contractor for the Work
under this Contract or as much thereof as City may, in its sole discretion, deem just and
reasonable.
ITB No. 38-05/06 was issued on July 21, 2006 with an opening date of August 24, 2006. A
pre-bid conference to provide information to prospective contractors was held on August 9,
2006. Bid Net issued bid notices to thirty (30) prospective bidders, and the Procurement
Division notified an additional fifteen (15) firms resulting in five (5) bidders requesting the rrB
document, which resulted in the receipt of the following three (3) bids from:
. Lawn Keepers of South Florida, Inc. (uLawn Keepers-)
. SFM Services, Inc. (USFM-)
. Superior Landscaping & Lawn Service, Inc. (USuperior")
The City's Assistant Director, Parks and Recreation, Parks Superintendent, and Parks
Superintendent, Urban Forestry reviewed and evaluated the bids received. After completing
their review and subsequent evaluation, they voted unanimously to recommend Superior
Landscaping & Lawn Service, Inc. as the top-ranked Contractor.
The following Evaluation Criteria was used to evaluate and rank the bidders.
1. The experience and qualifications of the Contractor (20 points).
2. The experience and qualifications of the Key Personnel (20 points).
3. Cost (20 points).
4. Operation Plan (15 points).
5. Risk Assessment Plan for ensuring quality of work (15 points).
6. Past performance based on number and quality of the Performance Evaluation
Surveys (10 points)
City Staff Superior Landscaping SFM Services, Inc. Lawn Keepers of
& Lawn Service, Inc. South Florida Inc.
John Oldenburg 71 1 58 2 543
Millie McFadden 78 1 49 2 40 3
Christopher Latt 76 1 57 3 66 2
SUDerlor LandscaDlna & Lawn Service. Inc.
Superior has been in business over 20 years and has become one of South Florida's largest
Independently-owned landscaping and lawn service companies and currently have contracts
with the City of Miami Beach, City of Sunrise, City of Plantation, City of Boca Raton, and the
Miami Intematlonal Airport.
Superior has worked closely with the Federal Emergency Management Agency (FEMA) to
provide storm recovery services. Superior is a full service landscaping company with over
280 team members that include management, administrative staff, and oYer 250 fully-trained
technicians. Last year Superior provided more than $ 1,000,000 in landscape management
services to the City of Miami Beach with excellent results.
31
Commission Memorandum
ITB No. 38-05/06 - Alton Road Medians Beautification Project
Page 11
ANALYSIS (Cont.)
COST
Superior has submitted a total price of $190,778.50 for the Landscaping work, and a total
price of $59,674.09 for the Irrigation work, for a grand total of $250,452.59 which is subject
to negotiations. Lawn Keepers submitted a total price of $182,197.75 for the landscaping
work, and a total price of $66,560 for the Irrigation work, for a grand total of $248,757.75,
and SFM submitted a total price of $195,227.50 for the Landscaping work, and a total price
of $79,764 for the Irrigation work, for a grand total of $274,991.50.
Even though Superior submitted a higher cost than Lawn Keepers, the Administration
recommended awarding to Superior based on their better qualifications and experience, the
fad that the $1,700 difference can be negotiated, and that Superior has provided excellent
services to the City on past and current City Projects.
CONCLUSION
Request approval to authorize the Administration to enter into negotiations, pursuant to
Invitation to Bid (ITB) No. 38-05/06, for Alton Road Medians Beautification Project, with the
Best Value Bid received from Superior Landscaping & Lawn Service, Inc.; and further
authorize the Mayor and City Clerk to execute a contract upon completion of successful
negotiations.
T:\AGENDA\2006\sep0606\consent\lTB-38-05-06AIton Road Medians-Merna.doc
32
&
,....
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beach,Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490, Fax: 305-673-7851
PUBLIC NOTICE
Invitation to Bid No. 38-05/06
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 24th day of
August, 2006 for:
ALTON ROAD MEDIANS BEAUTIFICATION PROJECT
At time, date, and place above, bids will be publicly opened. Any bids or proposals received
after time and date specified will be returned to the bidder unopened. The responsibility for
submitting a bid/proposal before the stated time and date is solely and strictly the responsibility
of the bidder/proposer. The City is not responsible for delays caused by mail, courier service,
including U.S. Mail, or any other occurrence.
Purpose: The purpose of this bid is to establish a contract, by means of sealed bids, with a
qualified vendor for the implementation of landscaping and irrigation work for the Alton Road
Medians Beautification Project. The work shall include, but not be limited to, furnishing
material, root pruning and tree/palm relocations where required, layout, protection to the public,
excavation, installation, backfilling, fertilizing, mulching, staking and guying where required,
watering, pruning, sodding, weeding, mowing, cleanup, maintenance and guarantee.
A Pre-Bid Conference will be held on August 9, 2006 at 10:30 a.m. at the City of Miami
Beach City Hall, 4th Floor, City Manager's Large Conference Room, located at 1700
Convention Center Drive, Miami Beach Florida 33139.
Attendance at the Prebid Conference is highly encouraged and recommended as a source of
information but is not mandatory.
The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid
notification system created exclusively for state and local agencies located in South Florida.
Created in conjunction with BidNet(r), this new South Florida Purchasing system has replaced
the DemandStar system and allow vendors to register online and receive notification of new
bids, amendments and awards. Vendors with Internet access should review the registration
options at the following website: www.Qovbids.com/scripts/southflorida/public/home1.asp.
If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997
extension # 214.
Any questions or clarifications concerning this Bid shall be submitted in writing by mail or
facsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139,
or FAX: (305) 673-7851.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
2
The Bid title/number shall be referenced on all correspondence. All questions must be received
no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to
questions/clarifications will be sent to all prospective bidders in the form of an addendum. The
City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best
interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of
Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE
OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COpy OF ALL
WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY
CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE
OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO. 2000-23879.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY
OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE BID
SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE City OF
MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-3363.
Detailed representation of all these ordinances can be found on the City of Miami Beach
WebSite at http://www.miamibeachfl.Qav/newcitv/depts/pu rchase/bid intra .asp
Sincerely,
..../,... /' ..&-:;.:J
..?:-_J'./ -;:.~
,../' . "" ~..~.. ---
( (....-
Gus Lopez, CPPO
Procurement Director
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
3
<9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673.7490, Fax: 305-6731851
NOTICE TO PROSPECTIVE BIDDERS
NO BID
If not submitting a bid at this time, please detach this sheet from the bid documents,
complete the information requested, and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
_Our company does not handle this type of product/service.
_We cannot meet the specifications nor provide an alternate equal product.
_Our company is simply not interested in bidding at this time.
_Due to prior commitments, I was unable to attend pre-proposal meeting.
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid or this completed form, may result in your
company being removed from the City's bid list.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
4
T-SQUARE
A TIN: EDWARD LAMBERT - 954-444-8782
FAX 305-324-8040
PHONE 305-3241234 EX. 206
CITY OF MIAMI BEACH
BID # 38-05/06
ALTON ROAD MEDIANS BEAUTIFICATION PROJECT
Authorized by : John Ellis
Fax: 305.324.8040
Sheet Leaend/Sheet Title: (Total (1) 22x34)
LA-1 - LA-7/Plantina Plans: (Total (7) 22x34)
LA-a/Landscape Specifications
& Plant List: (Total (1) 22x34)
IR-1 - IR-7/lrriaation Plans: (Total (7) 22 x 34)
IR-a/lrriaation Notes & Details: (Total (1) 22x34
$
$
$
S
S
$
*Any other copies or reproductions are additional to this price
Price per SQ.Ff $
full size! halfsize $---per first copy & _ second copy Total
(MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER)
COMPANY NAME: ORDER BY:
Bill to:
COD T -Square Acct# 613204 Cash:
Credit Card #
Visa:_ Amex:_Master:_Other:
Ex, date
In the name of:
Authorization signature
Ship TO:
City
State
zip code
Phone:_-_-_Fax:_ -_ -_ Contactname
Title
Received by:
shipped by: UPS #
FEDEX #
Received by:
shipped by: UPS #
FEDEX #
Next day air _ Next day air saver _Ground _Second day air AM _Second air
Three day select Handling charge $
Order received by T -Square: Title:
ANY QUESTION AT T -SQUARE PLEASE CALL 305-324-1234, Ext. 206
ASK FOR: EDWARD LAMBERT - 954-444-8782
BID NO: 38-05106
DATE: 07/21/06
CITY OF MIAMI BEACH
5
ALTON ROAD MEDIANS BEAUTIFICATION PROJECT
BID # 38-05/06
1.0 GENERAL CONDITIONS
1.1 SEALED BIDS:
Original copy of Bid Form as well as any other pertinent documents must be returned in
order for the bid to be considered for award. All bids are subject to the conditions
specified hereon and on the attached Special Conditions, Specifications and Bid Form.
The completed bid must be submitted in a sealed envelope clearly marked with the Bid
Title to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center
Drive, Miami Beach, Florida 33139. Facsimile or e-mailed bids will not be accepted.
1.2 EXECUTION OF BID:
Bid must contain a manual signature of an authorized representative in the space
provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall
NOT be considered for award. All bids must be completed in pen and ink or typewritten.
No erasures are permitted. If a correction is necessary, draw a single line through the
entered figure and enter the corrected figure above it. Corrections must be initialed by
the person signing the bid. Any illegible entries, pencil bids or corrections not initialed
will not be tabulated. The original bid conditions and specifications CANNOT be
changed or altered in any way. Altered bids will not be considered. Clarification of bid
submitted shall be in letter form, signed by bidders and attached to the bid.
1.3 NO BID:
If not submitting a bid, respond by returning the enclosed bid form questionnaire, and
explain the reason. Repeated failure to bid without sufficient justification shall be cause
for removal of a supplier's name from the bid mailing list.
1.4 PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extended
total, when requested. Prices must be stated in units of quantity specified in the bidding
specifications. In case of discrepancy in computing the amount of the bid, the UNIT
PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless
otherwise stated in special conditions). Discounts for prompt payment. Award, if made,
will be in accordance with terms and conditions stated herein. Each item must be bid
separately and no attempt is to be made to tie any item or items in with any other item or
items. Cash or quantity discounts offered will not be a consideration in determination of
award of bid(s).
1.5 TAXES:
The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales
Tax and Use Certificate Number is 04-00097-09-23.
1.6 MISTAKES:
Bidders are expected to examine the specifications, delivery schedules, bid prices and
extensions and all instructions pertaining to supplies and services. Failure to do so will
be at the bidder's risk.
1.7 CONDITION AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall
be the latest new and current model offered (most current production model at the time
of this bid). All containers shall be suitable for storage or shipment, and all prices shall
include standard commercial packaging.
1.8 UNDERWRITERS' LABORATORIES:
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies
shall be U.L. listed or re-examination listing where such has been established by U.L. for
the item(s) offered and furnished.
1.9 BIDDER'S CONDITIONS:
The City Commission reserves the right to waive irregularities or technicalities in bids or
to reject all bids or any part of any bid they deem necessary for the best interest of the
City of Miami Beach, FL.
1.10 EQUIVALENTS:
If bidder offers makes of equipment or brands of supplies other than those specified in
the following, he must so indicate on his bid. Specific article(s) of equipment/supplies
shall conform in quality, design and construction with all published claims of the
manufacturer.
Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are
informational guides as to a standard of acceptable product quality level only and should
not be construed as an endorsement or a product limitation of recognized and legitimate
manufacturers. Bidders shall formally substantiate and verify that product(s) offered
conform with or exceed quality as listed in the specifications.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding
other than the specified brands, and shall indicate ANY deviation from the specifications
as listed. Other than specified items offered requires complete descriptive technical
literature marked to indicate detail(s) conformance with specifications and MUST BE
INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA.
Lacking any written indication of intent to quote an alternate brand or model number, the
bid will be considered as a bid in complete compliance with the specifications as listed
on the attached form.
1.11 NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Item delivered, not conforming
to specifications may be rejected and returned at vendor's expense. These items and
items not delivered as per delivery date in bid and/or purchase order may be purchased
on the open market. Any increase in cost may be charged against the bidder. Any
violation of these stipulations may also result in:
A) Vendor's name being removed from the vendor list.
B) All departments being advised not to do business with vendor.
1.12 SAMPLES:
Samples of items, when required, must be furnished free of expense and, if not
destroyed, will, upon request, be returned at the bidder's expense. Bidders will be
responsible for the removal of all samples furnished within (30) days after bid opening.
All samples will be disposed of after thirty (30) days.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
7
Each individual sample must be labeled with bidder's name. Failure of bidder to either
deliver required samples or to clearly identify samples may be reason for rejection of the
bid. Unless otherwise indicated, samples should be delivered to the Procurement
Division, 1700 Convention Center Drive, Miami Beach, FL 33139.
1.13 DELIVERY:
Unless actual date of delivery is specified (or if 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.
1.14 INTERPRETATIONS:
Unless otherwise stated in the bid, any questions concerning conditions and
specifications should be submitted in writing to the Procurement Director, 1700
Convention Center Drive, Miami Beach, FL 33139. Fax (305) 673-7851.
1.15 BID OPENING:
Bids shall be opened and publicly read on the date, time and place specified on the Bid
Form. All bids received after the date, time, and place shall be returned, unopened.
1.16 INSPECTION, ACCEPTANCE & TITLE:
Inspection and acceptance will be at destination unless otherwise provided. Title t%r
risk of loss or damage to all items shall be the responsibility of the successful bidder until
acceptance by the buyer unless loss or damage result from negligence by the buyer.
If the materials or services supplied to the City are found to be defective or not conform
to specifications, the City reserves the right to cancel the order upon written notice to the
seller and return product at bidder's expense.
1.17 PAYMENT:
Payment will be made by the City after the items awarded to a vendor have been
received, inspected, and found to comply with award specifications, free of damage or
defect and properly invoiced.
1.18 DISPUTES:
In case of any doubt or difference of opinion as to the items to be furnished hereunder,
the decision of the City shall be final and binding on both parties.
1.19 LEGAL REQUIREMENTS:
Federal, State, county and city laws, ordinances, rules and regulations that in any
manner affect the items covered herein apply. Lack of knowledge by the bidder will in
no way be a cause for relief from responsibility.
1.20 PATENTS & 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
BID NO: 38-05/06
DATE: 07121/06
CITY OF MIAMI BEACH
8
use by The City of Miami Beach, Florida. If the bidder uses any design, device or
materials covered by letters, patent, or copyright, it is mutually understood and agreed,
without exception, that the bid prices shall include all royalties or cost arising from the
use of such design, device, or materials in any way involved in the work.
1.21 OSHA:
The bidder warrants that the product supplied to the City of Miami Beach, Florida shall
conform in all respects to the standards set forth in the Occupational Safety and Health
Act of 1970, as amended, and the failure to comply with this condition will be considered
as a breach of contract. Any fines levied because of inadequacies to comply with these
requirements shall be borne solely by the bidder responsible for same.
1.22 SPECIAL CONDITIONS:
Any and all Special Conditions that may vary from these General Conditions shall have
precedence.
1.23 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.
1.24 AMERICAN WITH DISABILITIES ACT:
To request this material in accessible format, sign language interpreters, information on
access for persons with disabilities, and/or any accommodation to review any document
or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice),
305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request.
TTY users may also call 711 (Florida Relay Service).
1.25 QUALITY:
All materials used for the manufacture or construction of any supplies, materials or
equipment covered by this bid shall be new. The items bid must be new, the latest
model, of the best quality, and highest grade workmanship.
1.26 LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where bidders are required to enter or go onto City of Miami Beach property to deliver
materials or perform work or services as a result of a bid award, the successful bidder
will assume the full duty, obligation and expense of obtaining all necessary licenses,
permits and insurance and assure all work complies with all applicable Miami-Dade
County and City of Miami Beach municipal code requirements as well as the Florida
Building Code. The bidder shall be liable for any damages or loss to the City occasioned
by negligence of the bidder (or agent) or any person the bidder has designated in the
completion of the contract as a result of his or her bid.
1.27 BID GUARANTY{tc \12 "5. Bid Guarantv}: N/A
1.28 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
BID NO: 38-05/06
DATE: 07121/06
CITY OF MIAMI BEACH
9
required, failure to execute a contract as described above may be grounds for removing
the bidder from the bidder's list.
1.29 CANCELLATION:
In the event any of the provisions of this bid are violated by the contractor, the
Procurement Director shall give written notice to the contractor stating the deficiencies
and unless deficiencies are corrected within ten (10) days, recommendation will be
made to the City Commission for immediate cancellation.
The City Commission of Miami Beach, Florida reserves the right to terminate any
contract resulting from this invitation at any time and for any reason, upon giving thirty
(30) days prior written notice to the other party.
1.30 BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show purchase order numbers and shall be
submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department,
1700 Convention Center Drive, Miami Beach, Florida 33139.
1.31 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.
1.32 SUBSTITUTIONS:
The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind.
Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any
substitute shipments will be returned at the bidder's expense.
1.33 FACILITIES:
The City Commission reserves the right to inspect the bidder's facilities at any time with
prior notice.
1.34 BID TABULATIONS: ,
Bidders desiring a copy of the bid tabulation may request same by enclosing a self-
addressed stamped envelope with the bid.
1.35 PROTEST PROCEDURES:
Bidders that are not selected may protest any recommendation for Contract award in
accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes
procedures for resulting protested bids and proposed awards. Protest not timely
pursuant to the requirements of Ordinance No. 2002.3344 shall be barred.
1.36 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Solicitation is in doubt as to the
true meaning of the specifications or other Bid documents or any part thereof, the Bidder
must submit to the City of Miami Beach Procurement Director at least ten (10) calendar
days prior to scheduled Bid opening, a request for clarification. All such requests for
clarification must be made in writing and the person submitting the request will be
responsible for its timely delivery.
BID NO: 38-05/06
DATE: 07/21/06.
CITY OF MIAMI BEACH
10
Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the
City of Miami Beach Procurement Director. The City shall issue an Informational
Addendum if clarification or minimal changes are required. The City shall issue a Formal
Addendum if substantial changes which impact the technical submission of Bids are
required. A copy of such Addendum shall be sent by BidNet@ via e-mail or facsimile to
each Bidder receiving the Solicitation that is a subscriber to the Bidnet@ notification
system. Bidders who are not subscribers to the Bidnet@ system are responsible for
ensuring that they have received all addenda. In the event of conflict with the original
Contract Documents, Addendum shall govern all other Contract Documents to the extent
specified. Subsequent addendum shall govern over prior addendum only to the extent
specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum
by signing in the space provided on the Bid 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.
1.37 DEMONSTRATION OF COMPETENCY:
1) Pre-award inspection of the Bidder's facility may be made prior to the award of
contract. Bids will only be considered from firms which are regularly engaged in the
business of providing the goods and/or services as described in this Bid. Bidders must
be able to demonstrate a good record of performance for a reasonable period of time,
and have sufficient financial support, equipment and organization to insure that they can
satisfactorily execute the services if awarded a contract under the terms and conditions
herein stated. The terms "equipment and organization" as used herein shall be
construed to mean a fully equipped and well established company in line with the best
business practices in the industry and as determined by the City of Miami Beach.
2) The City may consider any evidence available regarding the financial, technical and
other qualifications and abilities of a Bidder, including past performance (experience)
with the City in making the award in the best interest of the City.
3) The City may require Bidders to show proof that they have been designated as
authorized representatives of a manufacturer or supplier which is the actual source of
supply. In these instances, the City may also require material information from the
source of supply regarding the quality, packaging, and characteristics of the products to
be supplies to the City through the designated representative. Any conflicts between
this material information provided by the source of supply and the information contained
in the Bidder's Proposal may render the Bid non-responsive.
4) The City may, during the period that the Contract between the City and the
successful Bidder is in force, review the successful Bidder's record of performance to
insure that the Bidder is continuing to provide sufficient financial support, equipment and
organization as prescribed in this Solicitation. Irrespective of the Bidder's performance
on contracts awarded to it by the City, the City may place said contracts on probationary
status and implement termination procedures if the City determines that the successful
Bidder no longer possesses the financial support, equipment and organization which
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
11
would have been necessary during the Bid evaluation period in order to comply with this
demonstration of competency section.
1.38 DETERMINATION OF AWARD
The City Commission shall award the contract to the lowest and best bidder. In
determining the lowest and best bidder, in addition to price, there shall be considered the
following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified, without
delay or interference.
c. The character, integrity, reputation, judgment, experience and efficiency of the
bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and ordinances
relating to the Contract.
1.39 ASSIGNMENT:
The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this
contract, including any or all of its right, title or interest therein, or his or its power to
execute such contract to any person, company or corporation without prior written
consent of the City of Miami Beach.
1.40 LAWS, PERMITS AND REGULATIONS:
The bidder shall obtain and pay for all licenses, permits and inspection fees required for
this project; and shall comply with all laws, ordinances, regulations and building code
requirements applicable to the work contemplated herein.
1.41 OPTIONAL CONTRACT USAGE:
As provided in Section 287.042 (17), Florida Statutes, other State agencies may
purchase from the resulting contract, provided the Department of Management Services,
Division of Procurement, has certified its use to be cost effective and in the best interest
of the State. Contractors have the option of selling these commodities or services
certified by the Division to the other State agencies at the agencies option.
1.42 SPOT MARKET PURCHASES:
It is the intent of the City to purchase the items specifically listed in this bid from the
awarded vendor. However, items that are to be a Spot Market Purchased may be
purchased by other methods, Le. Federal, State or local contracts.
1.43 ELIMINATION FROM CONSIDERATION
This bid solicitation shall not be awarded to any person or firm who is in arrears to the
City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon
any obligation to the City.
BID NO: 38-05106
DATE: 07/21/06
CITY OF MIAMI BEACH
12
1.44 WAIVER OF INFORMALITIES
The City reserves the right to waive any informalities or irregularities in this bid
solicitation.
1.45 ESTIMATED QUANTITIES
Estimated quantities or estimated dollars, if provided, are for City guidance only. No
guarantee is expressed or implied as to quantities or dollars that will be used during the
contract period. The City is not obligated to place any order for a given amount
subsequent to the award of this bid solicitation. Estimates are based upon the City's
actual needs andlor usage during a previous contract period. The City for purposes of
determining the low bidder meeting specifications may use said estimates.
1.46 COLLUSION
Bids from related parties. Where two (2) or more related parties each submit a bid or
proposal for any contract, such bids or proposals shall be presumed to be collusive.
The foregoing presumption may be rebutted by presentation of evidence as to the extent
of ownership, control and management of such related parties in the preparation and
submittal of such bids or proposals. Related parties mean bidders or proposers or the
principals thereof which have a direct or indirect ownership interest in another bidder or
proposer for the same contract or in which a parent company or the principals thereof of
one (1) bidder or proposer have a direct or indirect ownership interest in another bidder
or proposer for the same contract. Bids or proposals found to be collusive shall be
rejected. Bidders or Proposers who have been found to have engaged in collusion may
be considered non-responsible, and may be suspended or debarred, and any contract
resulting from collusive bidding may be terminated for default.
1.47 DISPUTES
In the event of a conflict between the documents, the order of priority of the documents
shall be as follows:
· Any agreement resulting from the award of this Bid (if applicable); then
· Addenda released for this Bid, with the latest Addendum taking precedence; then
· The Bid; then
· Awardee's Bid.
1.48 REASONABLE ACCOMMODATION
In accordance with the Title II of the Americans with Disabilities Act, any person
requiring an accommodation at the Bid opening because of a disability must contact
Heidi Johnson Wright at the Public Works Department at (305) 673-7080.
1.49 GRATUITIES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any
official, employee, or agent of the City, for the purpose of influencing consideration of
this proposal.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
13
1.50 SIGNED BID CONSIDERED AN OFFER
The signed bid shall be considered an offer on the part of the bidder or contractor, which
offer shall be deemed accepted upon approval by the City Commission of the City of
Miami Beach, Florida and in case of default on the part of successful bidder or
contractor, after such acceptance, the City may procure the items or services from other
sources and hold the bidder or contractor responsible for any excess cost occasioned or
incurred thereby.
1.51 TIE BIDS:
Please be advised that in accordance with Florida Statues Section 287.087, regarding
identical tie bids, preference will be given to vendors certifying that they have
implemented a drug free work place program. A certification form will be required at the
time of Bid submission.
1.52 PUBLIC ENTITY CRIMES (PEC):
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crimes may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, sub-contractor, or consultant under a contract with a public entity ,
and may not transact business with any public entity in excess of the threshold amount
provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date
of being placed on the convicted vendor list.
1.53 DETERMINATION OF RESPONSIVENESS:
Determination of responsiveness will take place at the time of bid opening and
evaluation. In order to be deemed a responsive bidder, your bid must conform in all
material respects to the requirements stated in their Bid.
1.54 DELIVERY TIME:
Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in
calendar days) for each item. It must be a firm delivery time, no ranges will be accepted,
Le.; 12-14 days.
1.55 CONE OF SILENCE
This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance
No. 2002-3378. A copy of all written communication(s) regarding this bid must be filed
with the city clerk.
1.56 TERMINATION FOR DEFAULT
If through any cause within the reasonable control of the successful bidder, it shall fail to
fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or
stipulations material to the Agreement, the City shall thereupon have the right to
terminate the services then remaining to be performed by giving written notice to the
successful bidder of such termination which shall become effective upon receipt by the
successful bidder of the written termination notice.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
14
In that event, the City shall compensate the successful bidder in accordance with the
Agreement for all services performed by the bidder prior to termination, net of any costs
incurred by the City as a consequence of the default.
Notwithstanding the above, the successful bidder shall not be relieved of liability to the
City for damages sustained by the City by virtue of any breach of the Agreement by the
bidder, and the City may reasonably withhold payments to the successful bidder for the
purposes of set off until such time as the exact amount of damages due the City from the
successful bidder is determined.
1.57 lERMINA liON FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be
performed at any time without cause by giving written notice to successful bidder of such
termination, which shall become effective thirty (30) days following receipt by bidder of
such notice. In that event, all finished or unfinished documents and other materials shall
be properly delivered to the City. If the Agreement is terminated by the City as provided
in this section, the City shall compensate the successful bidder in accordance with the
Agreement for all services actually performed by the successful bidder and reasonable
direct costs of successful bidder for assembling and delivering to City all documents. No
compensation shall be due to the successful bidder for any profits that the successful
bidder expected to earn on the balanced of the Agreement. Such payments shall be the
total extent of the City's liability to the successful bidder upon a termination as provided
for in this section.
1.58 INSURANCE AND INDEMNIFICATION:
(See Check List for applicability to this contract)
The contractor shall be responsible for his work and every part thereof, and for all
materials, tools, appliances and property of every description, used in connection with
this particular project. He shall specifically and distinctly assume, and does so assume,
all risks of damage or injury to property or persons used or employed on or in connection
with the work and of all damage or injury to any person or property wherever located,
resulting from any action or operation under the contract or in connection with the work.
It is understood and agreed that at all times the contractor is acting as an independent
contractor.
The contractor, at all times during the full duration of work under this contract, including
extra work in connection with this project shall meet the following requirements:
Maintain Automobile Liability Insurance including Property Damage covering all owned,
non-owned or hired automobiles and equipment used in connection with the work.
No change or cancellation in insurance shall be made without thirty (30) days written
notice to the City of Miami Beach Risk Manager.
All insurance policies shall be issued by companies authorized to do business under the
laws of the State of Florida and these companies must have a rating of at least B+:VI or
better per Best's Key Rating Guide, latest edition.
BID NO: 38-05106
DATE: 07/21/06
CITY OF MIAMI BEACH
15
Original signed Certificates of Insurance, evidencing such coverages and endorsements
as required herein, shall be filed with and approved by the City of Miami Beach Risk
Manager before work is started. The certificate must state Bid Number and Title.
Upon expiration of the required insurance, the contractor must submit updated
certificates of insurance for as long a period as any work is still in progress.
It is understood and agreed that all policies of insurance provided by the contractor are
primary coverage to any insurance or self-insurance the City of Miami Beach possesses
that may apply to a loss resulting from the work performed in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure. No deductibles will be allowed in any policies issued on
this contract unless specific safeguards have been established to assure an adequate
fund for payment of deductibles by the insured and approved by the City's Risk
Manager.
The liability insurance coverage shall extend to and include the following contractual
indemnity and hold harmless agreement:
"The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach,
a municipal corporation, its officers, agents, and employees from all claims for bodily
injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and
and for all damages to the property of others in and up to the amount of $1,000,000.00
for each occurrence per the insurance requirement under the specifications including
costs of investigation, all expenses of litigation, including reasonable attorney fees and
the cost of appeals arising out of any such claims or suits because of any and all acts of
omission or commission of any by the contractor, his agents, servants, or employees, or
through the mere existence of the project under contract",
The foregoing indemnity agreement shall apply to any and all claims and suits other than
claims and suits arising out of the sole and exclusive negligence of the City of Miami
Beach, its officers, agents, and employees, as determined by a court of competent
jurisdiction.
The contractor will notify his insurance agent without delay of the existence of the Hold
Harmless Agreement contained within this contract, and furnish a copy of the Hold
Harmless Agreement to the insurance agent and carrier.
The contractor will obtain and maintain contractual liability insurance in adequate limits
for the sole purpose of protecting the City of Miami Beach under the Hold Harmless
Agreement from any and all claims arising out of this contractual operation.
The contractor will secure and maintain policies of subcontractors. All policies shall be
made available to the City upon demand. Compliance by the contractor and all
subcontractors with the foregoing requirements as to carrying insurance and furnishing
copies of the insurance policies shall not relieve the contractor and all subcontractors of
their liabilities and obligations under any Section or Provisions of this contract.
BID .NO: 38-05106
DATE: 07121/06
CITY OF MIAMI BEACH
16
Contractor shall be as fully responsible to the City for the acts and omissions of the
subcontractor and of persons employed by them as he is for acts and omissions of
persons directly employed by him.
Insurance coverage required in these specifications shall be in force throughout the
contract term. Should any awardee fail to provide acceptable evidence of current
insurance within seven days of receipt of written notice at any time during the contract
term, the City shall have the right to consider the contract breached and justifying the
termination thereof.
If bidder does not meet the insurance requirements of the specifications; alternate
insurance coverage, satisfactory to the Risk Manager, may be considered.
It is understood and agreed that the inclusion of more than one insured under these
policies shall not restrict the coverage provided by these policies for one insured
hereunder with respect to a liability claim or suit by another insured hereunder or an
employee of such other insured and that with respect to claims against any insured
hereunder, other insureds hereunder shall be considered members of the public; but the
provisions of this Cross Liability clause shall apply only with respect to liability arising out
of the ownership, maintenance, use, occupancy or repair of such portions of the
premises insured hereunder as are not reserved for the exclusive use of occupancy of
the insured against whom claim is made or suit is filed.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
17
Insurance Reauirementsftc \12 "7. Insurance Reauirementsl:
0.1. Without limiting any of the other obligations or liabilities of CONTRACTOR,
CONTRACTOR shall provide, pay for, and maintain in force until all of its work to
be performed under this Contract has been completed and accepted by CITY (or
for such duration as is otherwise specified hereinafter), the insurance coverages
set forth herein.
0.1.1. Workers' Compensation insurance to apply for all employees in compliance with
the "Workers' Compensation Law" of the State of Florida and all applicable
federal laws. In addition, the policy(ies) must include:
0.1.1.1. Employers' Liability with a limit of One Million Dollars
($1,000,000.00) Dollars ($) each accident.
0.1.1.2. If any operations are to be undertaken on or about navigable
waters, coverage must be included for the U.S. Longshoremen
& Harbor Workers Act and Jones Act.
0.1.2. Comprehensive General Liability to include pollution, with minimum limits of One
Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the Comprehensive General
Liability policy, without restrictive endorsements, as filed by the Insurance
Services Office, and must include:
[ X] 1.1.2.1. Premises and/or Operations.
[ X ] 1.1.2.2. Independent Contractors.
[ X] 1.1.2.3. Products and/or Completed Operations for contracts over
Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall
maintain in force until at least three years after completion of
all work required under the Contract, coverage for Products
and Completed Operations, including Broad Form Property
Damage.
[X] 1.1.2.4.Explosion, Collapse and Underground Coverages.
[ X] 1.1.2.5. Broad Form Property Damage.
[ X] 1.1.2.6. Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless and/or indemnification
agreement.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
18
[X] 1.1.2.7.Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal
to those required for Bodily Injury Liability and Property
Damage Liability.
[X] 1.1.2.8.CITY is to be expressly included as an Additional Insured
with respect to liability arising out of operations performed for
CITY by or on behalf of CONTRACTOR or acts or omissions
of CONTRACTOR in connection with general supervision of
such operation.
0.1.3. Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability
and Property Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by the Insurance Services Office, and
must include:
0.1.3.1.
Owned Vehicles.
0.1.3.2.
Hired and Non-Owned Vehicles.
0.1.3.3.
Employers' Non-Ownership. (Not Applicable to this bid)
0.1.4. If the initial insurance expires prior to the completion of the work, renewal copies
of policies shall be furnished at least thirty (30) days prior to the date of their
expiration.
0.1.5. Notice of Cancellation and/or Restriction--The policy(ies) must be endorsed to
provide CITY with at least thirty (30) days notice of cancellation and/or restriction.
0.1.6. CONTRACTOR shall furnish to the City's Risk Manager Certificates of Insurance
or endorsements evidencing the insurance coverage specified above within
fifteen (15) calendar days after notification of award of the Contract. The
required Certificates of Insurance shall name the types of policies provided, refer
specifically to this Contract, and state that such insurance is as required by this
Contract. The Certificate of Insurance shall be in form similar to and contain the
information set forth in Form 00708.
0.1.7. The official title of the Owner is the City of Miami Beach, Florida. This official title
shall be used in all insurance documentation.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
19
XXX 1.
XXX 2.
XXX 3.
XXX 5.
INSURANCE CHECK LIST
Workers' Compensation and Employer's Liability to per the Statutory limits of the
state of Florida.
Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000.00
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).
Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired
automobiles included.
4.
Excess Liability - $
.00 per occurrence to follow the primary coverages.
The City must be named as and additional insured on the liability policies; and it
must be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
.00
.00
.00
.00
.00
.00
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 NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
20
ALTON ROAD MEDIANS BEAUTIFICATION PROJECT
BID # 38-05/06
2.0 SPECIAL CONDITIONS
2.1 PURPOSE:
The purpose of this bid is to establish a contract. by means of sealed bids. with a
qualified vendor for the implementation of landscaping and irrigation work for the Alton
Road Medians Beautification Project. The work shall include. but not be limited to.
furnishing material. root pruning and treelpalm relocations where required. layout,
protection to the public, excavation. installation. backfilling, fertilizing. mulching. staking
and guying where required, watering. pruning, sodding. weeding. mowing. cleanup.
maintenance and guarantee.
2.2 TERM OF CONTRACT: NIA
2.3 METHOD OF AWARD
In the determining the lowest and best bidder, the City will utilize the "Best Value"
Procurement" process to select a contractor with the experience and qualifications; the
ability; capability, and capacity; and proven past successful performance in providing high
quality landscaping and irrigation work. The following evalution criteria will be utilized by
the City:
1. The experience and qualifications of the Contractor (20 points).
2. The experience and qualifications of the Key Personnel (20 points).
3. Cost (20 points).
4. Operation Plan (15 points).
5. Risk Assessment Plan for ensuring quality of work (15 points).
6. Past performance based on number and quality of the Performance Evaluation
Surveys (10 points)
OPERATION PLAN
The contractor shall submit a proposed operation plan with the following information:
o A listing of all equipment
o Supervisor qualifications
o Operation schedule
o Crew size and experience
o Safety plan
o Disposal plan
In addition to the Operation Plan, Contractors must submit the following information:
a) Introduction letter outlining the Contractor's professional specialization, provide
past experience to support the qualifications of the submitter. Interested
Contractors should submit documents that provide evidence as to the capability to
meet the City's standards and criteria for implementing quality landscaping and
irrigation work.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
21
b) Cost Information:
Cost information must be submitted with your Bid, and if selected as successful
contractor, the City reserves its rights, in the City's best
economic interest, to negotiate the proposed cost. Bidders shall provide
comprehensive cost information for this bid, to include at a minimum, total
lump sum price, schedule of values, (pricing for large group/components of
specific work required) and unit prices for all high dollar costs (labor, materials,
etc.).
c) Client Survey:
Please provide your client with the Performance Evaluation Letter and Survey
attached herein on pages 63 and 64, and request that your client submit the
completed survey to the contact person listed on the bottom of page 63.
d) Past Performance Information:
Past performance information will be collected on all contractors. Contractors are
required to identify and submit their best projects. Contractors will be required to
send out Performance Evaluation Surveys to each of their clients. Contractors are
also responsible for making sure their clients return the Performance Evaluation
Surveys to the City. The City reserves the right to verify and confirm any
information submitted in this process. Such verification may include, but is not
limited to, speaking with current and former clients, review of relevant client
documentation, site-visitation, and other independent confirmation of data.
NOTE: As a recommendation, bidders may want to request that their clients send
the Performance Evaluation Survey(s) to the Procurement Division and one copy
back to the bidder, so that bidder can include in their bid submittal.
e) Qualifications of Contractor Team:
Provide an organizational chart of all personnel and consultants to be used on this
project and their qualifications. A resume of each individual, including education,
experience, and any other pertinent information shall be included for each team
member to be assigned to this project.
f) Risk-Assessment Plan (RAP):
All contractors must submit a Risk-Assessment Plan. The Risk-Assessment Plan
must not be longer than two pages front side of page only. The RAP should
address the following items in a clear and generic language:
(1) What risks the project has. (Areas that may cause the contractor
not to finish on time, not finish within budget, cause any change
orders, or be a source of dissatisfaction with the owner).
(2) Explanation of how the risks will be avoided/minimize.
(3) Propose any options that could increase the value of this project.
(4) Explain the benefits of the Risk Assessment Plan. Address the
quality and performance differences in terms of risk minimization
that the City can understand and what benefits the option will
provide to the user. No brochures or marketing pieces.
The City Manager's designated representative may conduct interviews with any/all
bidders prior to contract award recommendation.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
22
Upon approval by the City Commission of contract award, the City Administration will
negotiate with the top-ranked Contractor(s) and upon successful negotiations a contract
will be executed.
The Risk Assessment Plan shall be submitted by 3:00 p.m. on August 24, 2006, but as
a separate document from the ITB bid documentation. The Risk Assessment Plan shall
be a fully anonymous two page non-technical plan without the specification of your
company name, manufacturer, or any material technical descriptions.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
23
Risk Assessment Plan Guide
Introduction
The purpose of the Risk Assessment (RA) plan is to capture the vendor's ability to preplan
(identify the risks on a future project in terms of cost ($), time, and client expectation and
performance). The RA plan is used to:
1. Assist the client in prioritizing firms based on their ability to understand the risk of a
project.
2. Provide high performing vendors the opportunity to differentiate themselves due to their
experience ad expertise.
3. Giving the competitive edge to experienced companies who have done the type of work
before, who can see the job from beginning to end, and who know how to minimize the
risk.
4. Provide a mechanism for the high performers to regulate the low performers by ensuring
that if they are not selected, the selected company will minimize the risk and provide the
client with a comparable performance.
Vendors should keep in mind that RA plan is only one step in the selection process. If all the RA
plans are the same, the RA plan will have little impact in the selection (other factors, such as
past performance and interview will dictate the selection). The RA clan will become cart of the
contract.
RA Plan Format
The format for the RA plan is attached. The RA Plan should clearly address the following items in
a non-technical manner.
1. List and prioritize major risk items or decisions to be made that are unique to this project.
This includes items that may cause the project to not be completed on time, not finished
within budget, generate and change orders, or may be a source of dissatisfaction for the
owner. Attach a cost ($), time extension, or quality differential for every risk.
2. Explain how the vendor will avoid I minimize the risk. If the vendor has a unique method
to minimize the risk, it should be explained in non-technical terms.
3. Propose any options that could increase the value (expectation or quality) of their work.
List any value or differential that the vendor is bringing to the project.
4. Attach a schedule with up to six major milestones and weeks of each major task.
No nameslll - In order to minimize any bias by the evaluation committee, the RA must not
contain ANY names (such as contractor, manufacturer, or designer names, personnel names,
project names, product names, or company letterhead). The RA should not contain any
marketing information.
lenath - The client's goal is to make the selection process as efficient as possible. Efficiency is
to minimize the effort of all participants, especially those who will not get the project. Therefore,
the RA plan should be a brief, well organized and concise. The RA plan must not exceed 2
pages.
Font Size - The font size should be no smaller than 12 point.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
24
Oraanization - Outline format. The attached is only a sample.
Impact of Risk
Risks are any items that you should be concerned with throughout the entire project. They are
the most critical items that can impact the cost, time, or quality expectation of the client. Think
through the project. What would bother the client? Why would you have to communicate with the
client? What would make someone call the client's representative and cause them stress? The
risks should be prioritized, or listed in order by the greatest at the top and the lowest risk in
decreasing order. Each risk should have a cost and/or time concern. If the risk has cost
implication, the actual estimated cost should have a cost time concerns, the number of days
should be listed.
Ratina of Risk Assessment Plans
RA plans will be rated by 3 or 4 individuals (technical and non-technical.)
Rating criteria will be:
1. The understanding and minimization of risks.
2. Contractor's differentiation of their value.
3. Schedule.
The process will take no more than 30 minutes. They will prioritize the best (10) to the worst (1).
If they all look alike, they are directed to give all "S's" and the project will be determined on the
other factors.
Checklist for Risk Assessment Plan
1. Are all names removed from the RA plan; personal, project, or company names?
2. Does every risk have a cost or time attached to it?
3. Are risks listed, high impact risks? (Do not list risks that you can easily handle unless you
perceive others are not doing it)
4. Does the RA plan include all services, quality control processes, documentation that you
do that your competition does not.
5. Are you including PR risks such as interfacing with project managers, users of the facility,
or audit/inspection personnel?
6. Do you have a simple schedule with major milestones?
7. Do you understand that anything you list becomes a part of your contract?
8. Does your RA plan differentiate you? By how much?
9. Can your RA plan make a non-technical person comfortable with hiring you?
10. Did you number the pages of the risk assessment plan?
11. Did you make (10) copies of your RA plan?
If all items are checked, your risk assessment plan is ready to submit.
BID NO: 38-05/06
DATE: 07121/06
CITY OF MIAMI BEACH
25
Risk Assessment Plan Format
Please prioritize the risks (list the greatest risks first). Indicate the potential impact to cost (in
terms of $), and/or schedule (in terms of calendar Days). You may add/delete the risk tables
below as necessary.
Maior Risk Items
Risk 1:
Impact: Cost ($)
Solution:
Risk 2:
Impact: Cost ($)
Solution:
Risk 3:
Impact: Cost ($)
Solution:
Risk 4:
Impact: Cost ($)
Solution:
RiskS:
Impact: Cost ($)
Solution:
Risk 6:
Impact: Cost ($)
Solution:
Risk 7:
Impact: Cost ($)
Solution:
RiskS:
Impact: Cost ($)
Solution:
Risk 9:
Impact: Cost ($)
Solution:
Schedule (Days)
Schedule (Days)
Schedule (Days)
Schedule (Days)
Schedule (Days)
Schedule (Days)
Schedule (Days)
Schedule (Days)
Schedule (Days)
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
26
Value Added ODtions or Differentials (what vou will do that the others do not)
Vendors should identify any value added options or differentials that they are proposing, and
include a short description of how it adds value to the project. Identify if the items will increase or
decrease schedule, cost, or expectation. You may add/delete the value tables below as
necessary .
Item 1:
Impact:
Cost ($)
Schedule (Days)
Item 2:
Impact:
Cost ($)
Schedule (Days) .
Item 3:
Impact:
Cost ($) Schedule (Days) ______
Item 4:
Impact:
Schedule (Days) _______________________.
Cost ($)
ItemS:
Impact:
Cost ($)
Schedule (Days) ________________________
Schedule (maximum six milestones)
Milestones (start, finish, no of workdays)
Total number of workdays
2.4 PAYMENT: N/A
2.5 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: N/A
2.6 SHIPPING TERMS: N/A
2.7 PRE-BID CONFERENCE/SITE INSPECTION: N/A
A non-mandatory pre-bid conference will be held at 10:30 a.m. on August 9, 2006 at
the City of Miami Beach City Hall, 4th floor, City Manager's Large Conference Room
located at 1700 Convention Center Drive, Miami Beach Florida 33139.
2.8 VENDOR APPLICATION
The City of Miami Beach has contracted with BidNet and has begun utilizing a new
central bid notification system created exclusively for state and local agencies located in
South Florida. Created in conjunction with BidNet@, this new South Florida Purchasing
system has replaced the DemandStar system and allow vendors to register online and
receive notification of new bids, amendments and awards.
Vendors with Internet access should review the registration options at the following
website: www.Qovbids.com/scripts/southflorida/public/home1.asp. If you do not have
Internet access, please call the BidNet(r) support group at 800-677-1997 extension #
214.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
27
2.9 CONTACT PERSON:
The contact person for this Invitation to Bid is John Ellis. The contact person may be
reached by phone: 305.673.7490; fax: 305.673.7851; or e-mail:
iohnellis@miamibeachfI.Qov. Communications between a proposer, bidder, lobbyist or
consultant and Procurement Staff is limited to matters of process or procedure.
Requests for additional information or clarifications must be made in writing to the contact
person, with a copy to the City Clerk, no later than ten (10) calendar days prior to the
scheduled Bid opening date.
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the deadline for responding to the Bid.
Bidders should not rely on representations, statements, or explanations other than those
made in this Bid or in any written addendum to this Bid. Bidders should verify with the
Procurement Division prior to submitting a proposal that all addenda have been received.
YOU MUST FAMILIARIZE YOURSELF WITH THE CONE OF SILENCE, WHICH SETS
FORTH THE POLICIES AND PROCEDURES RELATIVE TO ORAL AND WRITTEN
COMMUNICATIONS.
2.10 SAMPLES: N/A
2.11 DELIVERY TIME/RESPONSE TIME: N/A
2.12 CONTRACT TIMElLIQUIDA TED DAMAGES:
See Article 2, entitled Contract Time on Pages 78 and 79 of the Bid/Contract
Documents.
2.13 PERCENTAGE ABOVE VENDOR COST/ DISCOUNTS N/A:
2.14 ESTIMATED QUANTITIES: N/A
2.15 HOURLY RATE: N/A
2.16 WARRANTY:
The successful bidder will be required to warranty all work performed.
2.17 PRODUCT/CATALOG INFORMATION: N/A
2.18 REFERENCES (PROVIDE REFERENCES, IN THE CUSTOMER REFERENCE FORM)
Each bid must be accompanied by a minimum of three (3) references, of firms or
government organizations for which the contractor is currently furnishing, or has furnished
similar type, size and complexity of work as specified herein. Reference shall include the
name of the company, a contact person and the telephone number.
2.19 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.
2.20 FACILITY LOCATION: N/A
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
28
2.21 BIDDER QUALIFICATIONS:
In order for bids to be considered, bidders must submit with their bid, evidence that they
are qualified to satisfactorily perform the specified service. Evidence shall include all
information necessary to certify that the bidder: maintains a permanent place of business;
has not had just or proper claims pending against him or his firm; and has provided
similar type, size and complexity of such work. The evidence will consist of listing of
contracts for similar projects that have been provided to public and private sector clients,
within the last five (5) years.
2.22 LATE BIDS:
At time, date, and place above, bids will be publicly opened. Any bids or proposals
received after time and date specified will be returned to the bidder unopened. The
responsibility for submitting a bid/proposal before the stated time and date is solely and
strictly the responsibility of the bidder/proposer. The City is not responsible for delays
caused by mail, courier service, including U.S. Mail, or any other occurrence.
2.23 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.
2.24 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 FIVE COPIES of the Bid Form pages and all
required submittal information must be returned, properly completed, in a sealed
envelope as outlined in the first paragraph of General Conditions.
2.25 MAINTENANCE AGREEMENT: N/A
2.26 EQUAL PRODUCT: N/A
2.27 CUSTOMER SERVICE:
Excellent customer service is the standard of the City of Miami Beach. As contract
employees of the City, all employees will be required to adhere to the City's "Service
Excellence" standards and expected to conduct themselves in a professional, courteous
and ethical manner in all situations. The successful bidder's employees must work as a
cooperative team of well-trained professionals, and must serve the public with dignity and
respect. All business transactions with the City will be conducted with honesty, integrity,
and dedication.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
29
ALTON ROAD MEDIANS FLORIDA HIGHWAY BEAUTIFICATION PROJECT
BID # 38-05/06
TECHNICAL SPECIFICATIONS
SCOPE OF WORK:
The Contractor shall furnish all labor, machinery, tools, supplies and equipment as necessary to
construct and provide an operating system, as indicated in the Plans. The work shall include,
but not be limited to, furnishing materials (pipe, valves, sprinkler heads, fittings, controllers,
electrical, wire and fittings, primer, glue, etc.), layout, projection to the public, excavation,
assemble, installation, backfilling, compaction, repair of road or pavement surfaces, controller
and low voltage feed to the valves, clean-up, maintenance and guarantee, and as-built plans.
QUALITY ASSURANCE:
A. The irrigation work shall be installed by qualified personnel or a qualified irrigation
subcontracting company that has experience in irrigation systems of similar size, scope,
mainline, system pressure, controls, etc.
B. All applicable ANSI, ASTM, FED.SPEC. Standards and Specifications, and all applicable
building codes and other public agencies having jurisdiction upon the work shall apply.
C. Workmanship: All work shall be installed in a neat, orderly and responsible manner with
the recognized standards of workmanship. The Landscape Project Coordinator reserves
the right to reject material or work which does not conform to the contract documents.
Rejected work shall be removed or corrected at the earliest possible time at the
contractor's expense.
D. Operation and Maintenance Manuals: The contractor shall prepare and deliver to the
Landscape Project Coordinator within ten (10) calendar days prior to completion of
construction a minimum of three (3) hard cover binders with three rings containing the
following information:
1. Index sheet stating the contractor's address and business telephone number, 24 hour
emergency phone number, person to contact, list of equipment with name(s) and
address(es) of local manufacturer's representative(s) and local supplier where
replacement equipment can be purchased.
2. Catalog and part sheet on every material and equipment installed under this contract.
3. Complete operating and maintenance instructions on all major equipment.
4. Provide the Landscape Project Coordinator and the City of Miami Beach
maintenance staff with written and "hands on" instructions for major equipment and
show evidence in writing to the Landscape Project Coordinator at the conclusion of
the project that this service has been rendered.
a. Four-hour instruction (minimum) for the Drip Emitter equipment operation and
maintenance.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
30
b. Two-hour instruction (minimum) for automatic control valve operation and
maintenance.
PROJECT CONDITIONS:
A. The Irrigation Contractor shall coordinate the work with all other trades, all underground
improvements, the location and planting of trees and all other planting. Verify planting
requiring excavation 24 in. diameter and larger with the landscape Project Coordinator
prior to installation of main lines.
B. Provide temporary irrigation at all times to maintain plant materials.
C. The Irrigation Contractor is responsible to maintain the work area and equipment until
final acceptance by the landscape Project Coordinator. Repairs and replacement of
equipment broken, stolen, or missing as well as regular maintenance operations shall be
the obligation of the contractor.
The Irrigation Contractor shall submit a traffic control plan (per FOOT specifications) to the
landscape Project Coordinator prior to initiating construction on the site. The Contractor shall
be responsible for the maintenance of traffic signs, barriers, and any additional equipment to
comply with the FOOT standards and to ensure the safety of its employees and the public.
GUARANTEE:
The irrigation system shall be guaranteed for a minimum of one calendar year from the time
of final acceptance.
REPAIR UTiliTIES:
The Contractor shall be responsible to verify this location of all utilities by hand excavation or
other appropriate measures before performing any work that may result in damage to utilities
structures, or property.
The Contractor shall take immediate steps to repair, replace. or restore all services to any
utilities which are disrupted due to his operations. All costs involved in disruption of service
and repairs due to negligence on part of the Contractor shall be his responsibility.
AS-BUilT DRAWINGS:
Prints of the plans will be supplied to the Contractor for recording "as-built" information.
Immediately upon installation of any work which deviates from what is shown on the Plans,
the contractor shall clearly indicate such changes in red pencil on the prints. Such changes
shall include, but not be limited to changes in (1) materials; (2) sizes of material; (3) location;
and (4) quantities.
The entire installation shall fully comply with all applicable local and state codes and
ordinances.
The contractor shall take out all required plumbing and electrical applications and permits
arrange for all necessary inspections and shall pay all fees and expenses in connection with
same as part of work under the contract.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
31
UNIT PRICES:
The successful bidder shall furnish to the Owner a unit price break down for all materials.
The Owner may at his own discretion, add to or delete from the materials, using the unit price
breakdown submitted to and accepted by the Owner.
MAINTENANCE PERIOD:
The irrigation system shall be maintained for a period of 60 days after final acceptance of
installation. Maintenance shall include checking of the system two (2) times per week.
Contractor shall be responsible to replace/repair any broken or malfunctioning parts of the
system including those damaged by accidents or vandalism. Repairs shall be made
immediately at the time of inspection or when notified by the Landscape Architect.
GENERAL:
The irrigation system shall provide 100% coverage with a minimum of 90% overlap of water
spray.
The system is designed to provide sprinkler precipitation rates that are nearly equal in each
zone. Mixing of sprinklers with widely varying precipitation rates in a zone will not be
accepted. All materials throughout the system shall be new and in perfect condition.
All pipes shall to be Polyvinyl Chloride (PVC) Pipe, Schedule 40, conforming to ASTM 02665
and 01785 except flexible PVC (or Toro funny pipe) for flexible swing joint and Schedule 80,
galvanized steel pipe for all above ground fittings. Pipe locations shall be adjusted in the
field. When laying out main and lateral lines, locate pipe near edges curbs whenever
possible, to allow space for plant rootballs. Coordinate pipe locations with plantings. Bury all
mains 18-inches below surface and laterals 12-inces below surface depth. Depth shall be
measured to top of pipe.
Keep pop-up sprinkler heads a minimum of 8" from edges of pavement and curbing, and
heads on risers a minimum of 18", or as indicated in the plans.
All heads located in shrub or groundcover beds shall be installed on a riser as per details in
the plans. All other heads shall be installed on a swing joint as per details in the plans.
PLACE IRRIGATION CONTROL WIRE IN CONDUIT in the same trench as mains and
under the main. ASI wire shall be #14 or larger solid copper U.L. approved underground
direct burial cable and shall be continuous with no splices from controller to solenoid valve.
Valve locations are schematic and shall be adjusted in the field. Each valve shall be in a
separate valve box (10"x16" min.). When grouping valve boxes in grass or groundcover
areas, set boxes a minimum of 12-inches apart to allow grass or groundcover to grow
between them. When possible, hide valve boxes in shrub beds, a minimum of 12-inches
from edge of beds.
Set all valve Boxes, concrete or plastic, in ground with cover flush with finish grade, and
level, with a minimum 6-inch layer of pea gravel at the bottom of the box, with at least 2-
inches of clearance from the bottom of the valve to the top of the gravel.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
32
TESTING:
Notify the Landscape Architect in writing when testing will be conducted. Conduct test in the
presence of the Landscape Architect. After all PVC assemble is completed the lines shall be
flushed to insure that no rocks, sand or other foreign debris remains in the lines. The mains
shall be filled with water and all outlets shall be capped and plugged. The main shall be
pressurized to 100 PSI for a minimum of one hour. No section of the main will be approved if
the pressure drops more than 5 PSI at the end of the one hour period. Leaks shall be
repaired immediately and the system shall be re-tested until found satisfactory by the
Landscape Architect.
IRRIGATION MATERIALS LIST:
QTY
As required
ITEM
PVC laterals and mains shall be schedule 40 PVC (sized and
shown on plans.
As required
Flexible PVC or Polypipe (for swing joints)
9
2" Water meters to replace exist. 5/8" meters.
11
Atmospheric type backflow preventer same size as meter (located
in center of median with long dimension running parallel with curbs)
10
Battery Operated Controller RAIN BIRD UNIK 1 station controllers
(controllers to be located in medians next to valves in valve boxes)
1
Battery Operated Controller RAINBIRD UNIK 2 station controller
(controller to be located in medians next to valves in valve boxes.
1
RAINBIRD Field Transmitter Model K8000 (provide to City of Miami
Beach)
1
UNIK PUP manual activator (provide to City of Miami Beach)
RAINBIRD PEB Series 2" Electric remote control valve (in
valve box)
12
As required
Irrigation Control Wire.
11
RAINBIRD UNIK Rain Shut-off Device (to be located in area of free
rainfall)
RAINBIRD Spray Head 1806-SAM-PRS Series w/MPR nozzles
(6"pop-up in sod areas)
BID NO: 38-05/06
DATE: 07121/06
CITY OF MIAMI BEACH
33
Part I - GENERAL
1.01 SCOPE OF WORK:
A. The work to be done under this Section of the Technical Special Provisions (TSP)
consists of furnishing all labor, machinery, tools, apparatus, means of
transportation, supplies, equipment, materials, services and incidentals necessary
to construct and complete the work as indicated on the Plans and in the TSP, as
well as all other related responsibilities, including all changes and repairs incident
thereto.
B. The work shall include, but not be limited to, furnishing material, root pruning and
. tree/palm relocations where required, layout, protection to the public, excavation,
installation, backfilling, fertilizing, mulching, staking and guying where required,
watering, pruning, sodding, weeding, mowing, cleanup, maintenance and
guarantee.
C. Quantities and Locations: The Landscape Architect reserves the right to adjust the
number and locations of the designated types and species to be used at any of
the locations shown in order to provide for any modifications which might become
desirable to the City.
D. Investigation of Subsurface Conditions: The Contractor shall be responsible for
making on sited surface and subsurface investigations and examinations as he or
she chooses in order to become familiar with the character of the existing material
and the construction conditions under which he or she will work. These
investigations and examinations shall be included in the bid. The Contractor shall
not receive separate, additional compensation for this work.
E. Excavation Related to Inadequate Drainage: Some or all work areas may contain
existing materials such as but not limited to, peat layer, Iimerock, and it may even
be compacted material may interfere with adequate vertical drainage and/or
proper plant survival and growth. Removal of this material, in order to have
adequate vertical drainage, is part of the scope of work for the project. Therefore,
the subsurface investigations and examinations are necessary in order to
determine the extent of removal and excavation required above and beyond the
minimum requirements indicated in these TSP, under the heading of "Excavation
of Plant Holes", which is in PART 3. Compensation for any removal and
excavation required above and beyond the minimum requirements indicated,
including any additional planting soil needed in order to fill the larger excavated
area, shall be include in the bid. The Contractor shall not receive separate,
additional compensation for this.
F. No separate, additional compensation will be granted because of any unusual
difficulties which may be encountered in the execution of any portion of the work,
including traffic control and maintenance of traffic.
G. The Plans are not complete unless accompanied by the TSP.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
34
1.02 QUALITY ASSURANCE:
A. The Landscape Architect shall have the right, during any phase of the work
operations, to reject any and all work and materials which do not meet the
requirements of the plans and TSP. Rejected work and materials shall be
immediately removed from the project area and replaced with acceptable work
and material within seven (7) calendar days or as approved by the Landscape
Arch itect.
B. STANDARDS:
1. Authority for Nomenclature. Species. Etc.:
a. All plant material shall conform to the names given in Standardized Plant
Names, 1942 Edition, prepared by the American Joint Committee on
Horticultural Nomenclature.
Names of varieties not included therein conform generally with names
accepted in the South Florida nursery trade.
2. Grade Standards:
a. All plant material shall be nursery grown except where specified as
collected material, and shall comply with all required inspections, grading
standards and plant regulations as set forth in the latest edition of the
Florida Department of Agriculture's "Grades and Standards for Nursery
Plants, Part 1 and Part 2", or with any superseding specifications that may
be called for on the Plans or in the TSP and as established by the Turf
grass Producers Association of Florida, Inc. ALL PLANTS NOT LISTED IN
THE GRADES AND STANDARDS FOR NURSERY PLANTS, shall
conform to a Florida No.1 as to: (1) health and vitality, (2) condition of
foliage, (3) root system, (4) freedom from pest or mechanical damage and
(5) heavily branched and densely foliated according to the accepted
normal shape of the species or sport.
b. Exception to "Grades and Standards": Any section of Florida Department
of Agriculture's Grades and Standards ": Any section of Florida
Department of Agriculture's "Grades and Standards" which allows nails or
spikes in the trunks of trees or palms shall be EXCLUDED from these
TSP. THESE TSP PROHIBIT NAILS AND SPIKES IN TRUNKS.
c. All plant material shall be free of noxious weed both above and below
ground, including nut grass.
C. Reauirements for Various Plant Desianations:
1. Balled and Burlapped (B&B) and Wire Balled and Burlapped (WB&B) Plants:
a.
Only burlap and other wrapping materials made of natural,
biodegradable materials shall be used.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
35
b. These plants shall be properly protected until they are planted. The
plant shall be handled only by both the trunk and rootball at the
same time and not by the trunk only. Any (B&B) or (WB&B) plant
which shows evidence of having been handled by a method other
than the method outlined above, and resulting in damage to the
plant such as a cracked or broken rootball or the roots that have
been loosened within the ball, shall be rejected.
c. For plants grown in soil of a loose texture, which does not readily
adhere to the root system, especially in the case of large plant
material, wired B&B plants shall be used. For WB&B plants, before
the plant is removed from the hole, hog wire with approximately 1
to 1 % inch openings or a Kerr's wire basket (Vermeer standard,
caretree standard, caretree truncated or clegg) shall be placed
around the burlapped ball and looped and tensioned until the
burlapped ball is substantially packaged by the tightened wire
netting, such as to prevent disturbing the loose soil around the
roots during handling.
2. Container Grown Plants ICG):
a. Any Container Grown (CG) plants which have become "pot bound"
or "root bound" for which the top system is out of proportion (larger)
to the size of the container, will not be acceptable.
b. CG plants shall not be removed from the container until
immediately before planting, and with all due care to prevent
damage to the root system.
3. Collected Plants:
a. When collected plants are specified, the Landscape Architect shall
be given at least two days written notice before the digging.
Collected plants shall be dug with a root spread at least 10%
greater than nursery grown plants of the same species and size.
No collected plant shall be planted before the Landscape
Architect's inspection and acceptance at the project.
4. SDecimen Plants IFlorida Fancv):
a. When specimen OF Florida Fancy plants are called for, they will be
labeled as such on the Plans.
D. InsDections:
1.
Inspection at the growing site does not preclude the right of
rejection at the project site.
2.
Inspections shall be requested in writing 48 hours in advance by
the Contractor.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
36
3. The fact that the Landscape Architect has not made an early
inspection and discovery of faulty work or of work omitted, or of
work performed which is not in accordance with the contract
requirements, shall not bar the Landscape Architect from
subsequently rejecting such work.
4. The Landscape Architect's on site observations or inspections shall
be only for the purpose of verifying that Plans and TSP are being
implemented properly. The Landscape Architect's on site
observations or inspections are not for safety on or off the job site.
Also, these on site observations or inspections are not intended to
take charge, direct, run or manage the implementation of the plans
and TSP or take charge, organize or manage the Contractor while
performing the scope of work indicated in the Plans and TSP.
1.03 DELIVERY, HANDLING AND STORAGE & SUBMITTALS:
A. Delivery and Handlina:
1. Movement of nursery stock shall comply with all Federal, State, and
local laws, regulations, ordinances, codes, etc.
2. The Contractor shall be responsible for protecting plant material from
adverse environmental conditions during all phases of delivery and
storage. Further, the Contractor shall be responsible for protecting
plant material from any and all damage, theft, or deterioration of health
or appearance during all phases of delivery and storage.
3. Transport materials on vehicles large enough to allow plants to not be
crowded and damaged. PLANTS SHALL BE COVERED TO
PREVENT WIND DAMAGE DURING TRANSIT.
8. Submittals:
1. Written request for approval to substitute a material's plant designation
(8&8, W8&8, CG, etc.), type, grade, quality, size quantity, etc. due to
the not availability of the material specified shall be submitted within 14
calendar days after the preconstruction conference. Approval shall be
given by the Landscape Architect before the material is delivered and
installed on the project.
2. Any request for the approval of "or equal" shall be in writing. Request
shall be submitted within 14 calendar days after the preconstruction
conference. Approval shall be given by the Landscape Architect before
the material is delivered and installed on the project.
3. Submit prints of shop drawings for any special conditions not covered in
the details indicated. This shall be for approval by the Landscape
Architect before they are installed on the project.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
37
4. If requested by the Department or Landscape Architect, submit a written
schedule of sources or suppliers of all materials for inspection and
approval by the Landscape Architect before they are delivered and
installed on the project.
5. Submit a letter from the approved sources or suppliers
GUARANTEEING AND CERTIFYING that all Cocos nucifera "Maypan"
or Cocos nucifera "Malayan" is true to their species.
6. Submit a sample and analysis of all planting soil types for approval by
the Landscape Architect before the material is delivered and installed
on the project.
7. Submit a sample certification and analysis of mulch for approval by the
Landscape Architect before the material is delivered and installed on
the project.
8. Submit copies of the manufacturer's specifications or analysis for all
fertilizer including data substantiating the proposed materials comply
with specified requirements. This shall be for approval by the
Landscape Architect before the material is delivered and installed on
the project.
9. Submit prints of shop drawings for all staking and guying methods to
be used if the ones indicated in the Plans, TSP or other referenced
documents are not to be implanted. The Landscape Architect will
approve all shop drawings of staking and guying methods before they
are implemented in the project.
10. 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 to apply
the materials and the method of application before it is delivered and
used on the project.
Also, if requested by the Department or Landscape Architect, furnish
documentation that the implementation of these control measures for
pests and disease infestation is in strict compliance with all federal and
local regulations, and manufacturer's labeling.
1.04 SUBSTITUTIONS:
BID NO: 38-05/06
DATE: 07/21/06
A.
When the specified type, grade, quality, size, quantity, etc. of a material is
not available, the Contractor shall submit a written request, to the
Landscape Architect, or a substitution along Y'ith written, documented
proof that the specified (B&B, WB&B, CG, etc.), type, grade, quality, size,
quantity, etc. of a material is not available. The Landscape Architect shall
approve all substitutions before they are delivered and installed. DO NO
DELIVER AND INSTALL ANY MATERIAL, WHICH IS ANTICIPATED TO
BE A SUBSTITUTE, BEFORE IT HAS BEEN SUBMITTED IN WRITING
CITY OF MIAMI BEACH
38
AND APPROVED AS A SUBSTITUE BY THE Landscape Architect. ALSO,
ANY CHANGES, IF ANY, TO THE CONTRACT AMOUONT BECAUSE
OF AN APPROVED SUBSTITUTE, SHALL BE ESTABLISHED IN
WRITING BETWEEN THE Department AND THE CONTRACTOR
BEFORE THE MATERIAL SUBSTITUTE IS DELIVERED AND
INSTALLED ON TH E PROJECT.
1.05 GUARANTEE:
A. The guarantee shall not begin until the day of the final acceptance of
installation is given.
B. All landscape elements and plant material shall be guaranteed for 365
days from the time of final acceptance.
C. The guarantee shall be null and void for plant material which is damaged
or dies as a result of "Acts of God" limited to hail, freeze, lightning,
sustained winds that reach hurricane force (75 MPH) measured loft above
the ground, and lethal yellowing, providing the plants was in healthy
growing condition prior to these "Acts of God".
D. An inspection may be made at the end of, but prior to the last day of the
guarantee period.
E. Florimulch: If Florimulch is used in the installation, a written statement
must be submitted prior to the installation of the mulch that guarantees
there will not be any germination of melaleuca seed which may be present
in the mulch.
1.06 REPLACEMENT:
A. The guaranteeing of plant material shall be construed to mean the
complete and immediate replacement of plant material within ten (10)
calendar days if it is:
1. Not in a healthy growing condition and thus renders it below the
minimum quality indicated in the TSP.
2. There is a question to its ability to survive after the end of the
guarantee period that would render it below the minimum quality
indicated in the TSP.
3. It is dead.
B.
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 Landscape Architect in advance. The extended time shall be
negotiated between all parties concerned, but must received final approval
by the Landscape Architect.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
39
C. Size. Quality and Grade:
1. Replacement plant material shall be of the same species, quality
and grade as that of the original specifications of the plant to be
replaced. The size of the replacement shall not be necessarily the
same size as the original specified plant at its initial planting. If the
plants of like species, size, and grade are larger than originally
planted, then the replacement shall match this larger size. In no
case, shall replacements be smaller than the original size.
2. Replacements shall be guaranteed for a period equal to the
originally specified guarantee. This guarantee period shall begin at
time of acceptable replacement.
3. The contractor shall be responsible for watering the replacement
for 42 calendar days after planting.
4. A sum sufficient to cover estimated costs of possible replacements,
including material and labor, traffic control and protection will be
retained by the Department and paid to the Contractor after all
replacements have been made and approved by the Landscape
Architect, though final payment to the Contractor shall not relieve
he or she of the guarantee obligations.
1.07 PLANT AND SPECIFICATION INTERPRETATION:
A. On the Plans, figured dimensions shall govern over scaled dimensions. If any
error or discrepancy is found in the Plans and TSP, the Contractor shall refer the
same to the Landscape Architect for an interpretation and decision. The
Landscape Architect shall have the right to correct apparent errors or omissions in
the Plans and TSP and to make such interpretations as he or she may deem
necessary for the proper fulfillment of the intent of the Plans and TSP.
1.08 UNIT PRICES:
A. Bidder shall furnish to the Department and the Landscape Architect, a unit price
breakdown for all materials as itemized in the bid sheets. The Landscape
Architect or the City may, at their discretion, add to or delete from the materials
utilizing the unit price breakdown submitted to an accepted by the City. Unit prices
shall be valid for one year from approval of contract or for the duration of the
project, whichever is greater.
PART 2 - MATERIALS
2.01 PLANT MATERIAL
A. Except where another grade is specifically called for in the Plans, all plant material
shall be no less than Florida No.1, or better, at the time of installation and final
acceptance.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
40
B. Habit of Growth: All plant material shall have a habit of growth that is normal for
that species and shall be sound, healthy, vigorous and free from insects, plant
diseases and injuries.
C. Measurement of Trees. Palms. Shrubs & Ground Cover:
1. Measurement of Trees, Palms, Shrubs, & Ground Cover:
a.
Rootball: Requirements for the measurement of rootball diameter
and depth shall comply with requirements as set forth in the latest
edition of the Florida Department of Agriculture's "Grades and
Standards for Nursery Plants, Part 1 and Part 2" and as listed
herein.
CALIPER MIN BALL DIAMETER MIN BALL DEPTH
1 - 1.5" 16" 75% of diameter
1.5 - 1.75" 20" 65% of diameter
1.75 - 2" 22" 65% of diameter
2' - 2.5" 24" 65% of diameter
2.5-3.5" 26" 65% of diameter
3.5 - 4" 28" 65% of diameter
4-4.5" 30" 60% of diameter
4.5 - 5" 32" 60% of diameter
5-5.5" 34" 60% of diameter
5.5 " OR MORE Increase in proportion Up to 48", then decrease in
proportion for larger size
diameter.
BID NO: 38-05/06
DATE: 07/21/06
b.
Heiaht: The height of plant material shall be measured from finish
grade and continue up to where the main mass of the plant
uniformly ends. The height shall not include any singular or isolated
parts of the plant, such as leaves, shoots, branches, limbs or
fronds, which extend out beyond the main mass of the plant.
c.
Width: The width of plant material shall be measured from one side
of where the main mass uniformly ends and continue to the other
side of where the main mass of the plant uniformly ends. The width
shall not include any singular or isolated parts of the plant, such as
leaves, shoots, branches, limbs or fronds, which extend out beyond
the main mass of the plant.
CITY OF MIAMI BEACH
41
d. Caliper: The caliper of tree trunks shall be measured 3' above the
ground unless:
Another method of measurement is indicated otherwise on the
Plans.
2. Palms: Requirements for the measurement of clear trunk, clear wood,
graywood, rootball diameter and depth shall comply with requirements as
set forth in the latest edition of the Florida Department of Agriculture's
"Grades and Standards for Nursery Plants, Part 2".
D. All sizes shown for plant material on the Plans are to be CONSIDERED AS
MINIMUMS. All plant material must meet or exceed these minimum requirements
for height, spread, etc. as indicated on the Plans. When plant sizes are specified
as a range of size, installed material shall average the mean of the range
specified.
E. Die-Back and Leaf-Drop: Plant material showing signs of die-back or leaf-drop
will not be accepted and must be removed from the project immediately if so
directed by the Landscape Architect. Therefore, any plant material with
tendencies toward leaf-drop or die-back must be root pruned early enough to
provide a sound network of hair roots prior to relocation.
F. Mechanical Destruction of FoliaQe: Mechanical destruction of foliage resulting
from root pruning shall not affect more than 10% of the total foliage prior to
planting on the project. Loss of foliage caused by seasonal change will be
accepted.
G. Spanish Moss: If Spanish Moss (Tillandsia useoides) exists on plant material, it
shall be completely removed prior to planting on the project.
H. Palms:
1. Before Transporting: See "Delivery and Handling" for requirements related to
wrapping of root balls.
2. Remove a minimum of fronds from the crown of the palms to facilitate
transporting and handling. Tying of palms shall be at the option of the
Contractor.
3. To reduce head volume, Palm fronds may be taper trimmed by not more than
one-third.
4. Palms with burn marks and frond boots on trunk will not be accepted. Frond
boots shall be removed unless specified to remain.
5. For sabal palms, remove all fronds to the base including the terminal frond,
prior to removing from the truck carrying the palms from the field where they
were collected.
6. Palms showing cable or chain marks and equipment scars shall be rejected.
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DATE: 07/21/06
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I. Plant material shall not be accepted when the ball of earth surrounding its roots
has been cracked, broken or otherwise damaged.
J. Root pruning of plant material, when required by the Landscape Architect, shall be
done a minimum of four (4) weeks or for a period as determined by the Landscape
Architect, prior to planting at the project.
Prior to root pruning, the Contractor shall give 48 hour advance notice to the
Landscape Architect advising of the date to root prune any plant material. This
shall allow for any inspections during or after the root pruning, if necessary.
2.02 SOD:
A. Sod shall be the species shown on the plan. The quality grade shall be
STANDARD. NOTE: Quality grade shall be based on the standards of sod quality
grades as established by the TURFGRASS PRODUCERS ASSOCIATION OF
FLORIDA, INC. The sod shall be well matted with roots and of firm, tough texture
having a compact top growth and heavy root development. The allowable weed
content shall be as follows:
Standard:
No casually visible broad leaf weeds, no obvious patches of weeds
and no more than 2% of any other grass or weed in the total
canopy.
Sod sections shall be strong enough to support their own weight
and retain their size and shape when suspended vertically from a
firm grasp on the upper 10% of the section. Sod shall be relatively
free of thatch, up to one half inch allowable (uncompressed). The
soil embedded in the sod shall be a clean earth free of stones and
debris.
B. Mowing: The sod shall have been mowed at least three times with a lawn mover
with final mowing not more than seven days prior to the sod being cut for
placement.
C. Cutting: Sod shall not be harvested when moisture content (excessively dry or
wet) may adversely affect its survival. After approval of source, mow and rake as
necessary to remove excessive top growth and debris. Cut sod with sod cutters,
retaining native soil mat of sufficient thickness to withstand handling. The sod
shall be provided in commercial pad sizes measuring not less than 12: by 24" and
planting. It shall be machine cut at a uniform sort thickness of 1 V4 inches to 1 %
inches, plus or minus V4 inch, at time of cutting. Measurement for thickness shall
exclude top growth and thatch. The sod shall be live, fresh and uninjured at the
time of planting.
D. Deliverv: Deliver sod on pallets with root system protected from exposure to wind
and sun. Deliver sod in quantities capable of being planted within 48 hours of
cutting. It shall be planted within 48 hours after being cut and shall be shaded and
kept moist from the time it is cut until it is planted.
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E. Handlina: Handle sod in a manner to prevent dislodging native soil mat. Tearing
of sod shall be prohibited.
2.03 COMPOST MATERIAL:
A. Compost shall be composed primarily of thoroughly decomposed
vegetative matter with no more than 40% by volume or weight of non-
vegetative materials such as glass or plastic. Particle size of 3/8" or less,
bulk density of 20-30 Ibs; moisture content 25-35%, and water holding
capacity 100%.
B. The Contractor shall submit a sample of the material and as analysis of the
composition of the materials (percent of each) for review and approval of
the Landscape Architect.
2.04 WATER:
A. The Contractor is responsible to ascertain the location and accessibility of
a potable water source. The Contractor is responsible for distribution of
water to the areas of planting. If there is no source of potable water
available at the job site approved for use, then the Contractor shall be
responsible for bringing in a water truck or tank for hand watering. If during
the planting, water availability previously agreed to, is curtailed, the
Contractor shall notify, in writing within 24 hours, the Department of the
condition and, if the Contractor deems necessary, his intent to cease work
until water is restored. For plants already installed prior to cut-off of water
availability, the Contractor shall continue to be responsible for providing
water as required by specifications.
2.05 WEED BARRIER CLOTH:
A. Weed barrier cloth shall be a woven, needle-punched polypropylene, 28
mil. Thickness, 22 x 11 substrate, with combined substrate and fiber
weight or 4.8 ounces per square yard, 25 gallons per square foot per
minute permeability, 2500 carbon arc hours UV protection, Pro 5 Weed
Barrier by DeWitt or equal (1-800-888-9669).
2.06 FERTILIZER:
A. Submit copies of the manufacturer's specifications or analysis of all
fertilizer for approval, andlor the labeling required by the Florida
Department of Agriculture.
B. Type of Fertilizer:
1.
Palms: Lesco 13-3-13 Palm Special or equal.
2.
Trees, Shrub, Groundcover & Sod: Shall be a granular fertilizer
having an analysis or 6-6-6 derived from the following sources:
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BID NO: 38-05/06
DATE: 07/21/06
Total Nitroaen:
Derived from activated sludge
Urea-form, sulphur coated urea
& potassium nitrate
6%
Nitrate
Ammoniacal
Water soluble
Water insoluble
.75
0.00%
5.00%
0.25%
Phosphoric Acid
Derived from triple
super phosphate
6%
Water Soluble Potash
Derived from Sulphate of
Potash Magnesium, Potassium
Nitrate, Sulphate of Potash, and
activated sludge
6%
Total Maanesium
Water Soluble
Derived from Sulphate of
Potash Magnesium
2.41%
2.41%
Total Manaanese
Derived Manganous Oxide
.77%
Total Boron
Derived from Sodium Borate
.02%
Total Copper
Derived from Copper Oxide
.07%
Total Zinc
Derived from Zinc Oxide
.08%
Total Iron
Derived from Iron Oxide and
Ferrous Sulphate
1.00%
Total Chlorine
2.00%
C.
Composition and Quality: All fertilizer shall be uniform in composition and
dry. Granular fertilizer shall be free flowing and delivered in unopened
bags. All bags, containers or boxes shall be fully labeled with the
manufacturer's analysis.
D.
All shall comply with the State of Florida fertilizer laws.
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2.07 STAKING AND GUYING:
A. Staking and guying shall not be attached to the plant material with nails.
Any method of staking and guying, other than those indicated in the
details, shall receive approval from the Landscape Architect prior to their
installation. Refer to the heading "Setting of Plants", which is in PART 3 of
these TSP, for additional information.
B. The Contractor is responsible for performing all staking and guying in
accordance with all applicable regulation, ordinances and code
requirements from the appropriate local jurisdiction the project is located
in.
PART 3 EXECUTION
3.01 INSPECTION:
A. Prior to the work, carefully inspect the site conditions and verify that all such work
and site conditions are suitable for this installation to properly commence.
B. Start of work shall imply acceptance of the site conditions.
C. Utilities (Overhead and Underaround)
1. The work area may have existing utilities, such as, but not limited to,
irrigation, phone, water and sewer, CTV, traffic signalization, electrical and
storm sewer. The locations of some of these existing utilities have been
indicated on the Plans. However, no guarantee is implied that the Plans
are accurate or complete. It shall be the responsibility of the utilities,
structures, etc., by hand excavation or other appropriate measures before
performing any work that could result in damage or injury to persons,
utilities, structures or property. The Contractor shall make a thorough
search of the site for utilities, structures, etc., before work is commenced in
any particular location. The Contractor is responsible for any and all claims
resulting from the damage caused by him.
2. Should utilities, structures, etc., be encountered which interfere with the
work, the Landscape Architect shall be consulted immediately in order for
a decision to be made on the relocation of the work so it will clear the
obstruction.
3. The Contractor shall not purposefully disrupt of disconnect any type of
utility whatsoever without first obtaining the written permission of the
Landscape Architect. Request for disconnection must be in writing and
received by the Landscape Architect at least 72-hours prior to the time of
the requested interruption.
3.02 GRADES:
A. It shall be the responsibility of the Contractor to provide the final grading so the
final level for planting areas conforms to surrounding grades and is at the proper
BID NO: 38-05/06
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elevation with relation to walks, paving, drain structures and other site conditions,
unless indicated otherwise on the Plans.
B. Plant Areas Next to Pavement: All planting areas next to or in pavement areas,
such as, but not limited to, curbs, roads drives, walks, terraces, decks and slabs
shall be set so that the TOP OF THE MUCH IS 1" BELOW THE TOP OF THE
PAVEMENT AREA or as indicated otherwise on the Plans, and the top of sod is
one inch below top of pavement area, measured from the top of pavement to the
top of grass blades after mowing.
C. Any necessary corrections or repairs to the finish grades shall be accomplished by
the Contractor. All planting areas shall be carefully graded and raked to smooth,
even finish grade, free from depressions, lumps, stones, sticks or other debris and
such that they will conform to the required finish grades and provide uniform and
satisfactory surface drainage without puddling.
3.03 HERBICIDE TREATMENT:
A. In all areas infected with weed and/or grass growth, a systemic herbicide, such as
"Roundup", shall be applied per manufacturer's rates. When it has been
established where work will be done, the systemic herbicide shall be applied in
accordance with manufacturer's labeling to kill all noxious growth. Contractor shall
schedule his work to allow more than one application to obtain at least 98% kill of
undesirable growth. If necessary, the Contractor shall conduct a test to establish
suitability of product and applicator to be used on this project, prior to execution of
the full application. All proposed landscape areas adjacent to water bodies shall
be treated with "Rodeo" per the manufacturer's specifications.
B. Pre-emergent herbicides are not a substitute for spray treatment of "Round-up" or
"Rodeo," and may only be used with written approval of the Landscape Architect.
C. Should any plant material in the same or adjacent planting beds be damaged by
these chemicals, the same size, quantity, and quality of plants shall be
immediately replaced by the Contractor at no cost to the Owner.
3.04 PREPARATION:
A. Stakina Plant Locations: Stake or mark plant material locations prior to plant hole
excavation, based on information from the Plans.
B. Soacina of Ground Cover and Shrubs: The locations of a planting bed, walkway,
structure, etc., shall have the plants along the perimeter spaced so that the plants
can mature properly without growing into the other bed, walkway, structure, etc.
C. Subsurface Conditions: Some or all work areas may be compacted and/or
contain existing material such as Iimerock which may interfere with adequate
vertical drainage and/or proper plant survival and growth and therefore removal of
this material is part of the scope of work for the project. The Contractor shall be
responsible for insuring adequate drainage in these areas and shall remove this
existing material, as required, by such means as auguring, drilling or rototilling.
BID NO: 38-05/06
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THEREFORE, THE CONTRACTOR SHALL BE REQUIRED TO PERFORM
ADDITIONAL EXCAVATION ON THE HOLES FOR ALL PALMS AND TREES.
This additional excavation shall be to a depth beyond the required excavation
depth indicated below for the holes, in order to insure proper vertical drainage
necessary for plant survival and growth. For this required additional excavation,
refer to the detail on the Plans entitled "Drainage Hole Detail for All Palms and
Trees".
D. The Contractor shall remove all existing concrete, asphalt concrete, sticks, stones
and rubbish over 1 %-inches in any dimension, above and below grade in planting
pits, from areas to be landscaped unless indicated other wise on the Plans and
dispose of the material off-site.
E. Annual Bed Plantina: Prepare native sub-grade by rototilling or loosening by hand
methods. Spread 3 inches of Florida peat (1/3), sandy loam (1/3), or other
approved organic soil amendment over the full length and width of planting area
for annuals. Rototill organic layer 6 inches to 8 inches into the native soil. Grade
the planting bed by "crowning' to insure that surface drainage, percolation, and
aeration occur at rapid rates. Add Osmocote time release fertilizer according to
product instructions and rate.
F. Excavation of Plant Holes:
1. General:
a. Excavation of plant holes shall be roughly cylindrical in shape with
the sides approximately vertical. The Landscape Architect reserves
the right to adjust the size and shape of the plant hole and the
location of the plant in the hole to compensate for unanticipated
structures or unanticipated factors which are a conflict.
b. The excess excavated material from the plan holes shall not be
used to backfill around the plant material. Such material shall be
disposed of off site to a location on Miami Beach as directed by the
Landscape Architect.
2. Trees and Palms:
a. Depth of hole shall be equal to the rootball depth plus 8 inches,
unless further depth is required to provide adequate drainage as
per 3.04 C.
b. Diameter of hole shall be as following:
ROOTBALL DIAMETER
HOLE DIAMETER
12" or less
13" to 24"
25" to 60"
61" or greater
ball dia + 12"
ball dia + 18"
ball dia + 24"
ball dia + 36"
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DATE: 07/21/06
CITY OF MIAMI BEACH
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BID NO: 38-05/06
DATE: 07/21/06
3. Shrubs:
a. Sinaular Plants:
(1) Depth shall be equal to the rootball depth plus 8 inches.
(2) Diameter: Diameter of hole shall be as following equal to the rootball
plus 12-inches.
b. Mass Plantina (2 or more toaether) Planted 24-lnches on Center or
Less:
(1) Depth shall be equal to the rootball depth plus 8 inches.
(2) Diameter: Shrub material in mass shall not be planted in
individual holes but rather in one continuous hole or excavation for the
entire mass.
c. Mass Plantina (2 or more toaether) Planted 30-lnches on Center or
More:
(1) Depth and diameter of hole shall be the same as for singular plants as
indicated in item a, above.
4. Ground Cover Masses:
a. Container Material:
(1) Depth shall be equal to the rootball depth plus 3-inches.
(2) Diameter: Ground cover materials in mass shall not be planted in
individual holes but rather in one continuous hole or excavation for
the entire mass, all at a depth of 3- inches more than the depth of
the root ball.
b. Rooted Cuttinas:
(1) Depth of prepared soil bed shall be 6-inches.
5. Sod:
a. Excavation. Backfillina. and Final Gradina:
AREAS WHERE SOD IS TO BE PLANTED SHALL HAVE THREE
(3) INCH BLANKET OF PREPARED PLANTING SOIL PLACED
PRIOR TO PLANTING. Remove stones, sticks, rubbish, and other
extraneous matter.
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All rough areas and voids shall be eliminated during final grading in
order to have a smooth and surface assuring positive drainage
away from buildings and the subsequent turf flush to the tops of
adjacent curbs and sidewalks. The surface shall be sloped to
existing yard drains.
3.05 INSTALLATION:
A. Settine of Plants:
BID NO: 38-05/06
DATE: 07/21/06
1.
PLANT MATERIAL SHALL BE PLANTED AT THEIR NATURAL
AND ORIGINAL PLANTING LEVEL PRIOR TO THEIR
PLACEMENT ON THIS PROJECT. WHEN LOWERED INTO THE
HOLE, THE PLANTS SHALL REST ON THE PREPARED HOLE
BOTTOM SUCH THAT THE SURFACE ROOTS AT THE TOP OF
THE ROOTBALL ARE LEVEL OR SLIGHTLY BELOW THE LEVEL
OF THE SURROUNDING FINAL GRADE AFTER SETTLEMENT.
THE PRACTICE OF PLUNGING, BURYING OR PLANTING ANY
PLANT MATERIAL SUCH THAT THE SURFACE ROOTS AT THE
TOP OF THE ROOTBALL ARE BELOW THE LEVEL OF THE
SURROUNDING FINAL GRADE, WILLNOT BE PERMITTED
UNLESS IT IS INDICATED OTHERWISE IN THESE TRP.
DETAILS OR IT IS APPROVED IN WRITING BY THE
LANDSCAPE ARCHITECT PRIOR TO SUCH ACTION BEING
TAKEN. The plants shall be set straight or plumb or normal to the
relationship of their growth prior to transplanting. The Landscape
Architect reserves the right to realign any plant material after it has
been set.
2.
Sabal palmetto Roystonia sp. and Cocos. Sp. If approved by the
Landscape Architect, may be set deeper than the depth of their
original growing condition in order to lessen the necessity for
support or bracing. For such deeper planting, however, it will be
required that the underlying soil be friable. The clear trunk
requirements set forth in the plant list shall be maintained from the
finished grade and NOT from the previous grade of the palm tree
before it was planted.
3.
Plant material too large for hand handling, if moved by winch or
crane, must be thoroughly protected from chain, rope or cable
marks, girdling, bark slippage, limb breakage and any other
damage that might occur by improper handling or negligence.
4.
Leave an 18-inch border of mulched space between outer leaves of
installed plant material and the bed line, curb, building foundation
wall for all plant sizes.
D.
Backfilling: Native soil shall be used in back-filling plant pits or as
specified. Backfill the bottom two thirds of the planting holes and
firmly tamp and settle by watering as backfilling progresses.
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After having tamped and settled the bottom two-thirds of the hole,
thoroughly puddle with water and fill remaining on third of the hole
with planting soil, tamping and watering to eliminate air pockets.
The Contractor shall be responsible for providing additional soil for
building tree saucers.
E. Installation of Sod:
1. Placement of Sod: The sod shall be moist and shall be placed on a
moist bed of planting soil. Pitch forks shall not be used in handling
sod or dumping from vehicles shall not be permitted. The sod shall
be carefully laid tightly by hand, with closely abutting staggered
joints with an even surface edge to sod edge in a neat and clean
manner to the edge of all paving and shrub areas. Cut down the
soil level to 1-1/2 inches below the top of walks prior to laying sod.
The sod shall be immediately pressed firmly into contact with a 500
pound hand roller or any other equipment approved by the
Landscape Architect that will produce a 90 pound per square inch
compression grading.
The rolling operation shall provide a sure and even surface and
insure knitting without displacement of sod or deformation of the
surfaces of the area that has sod and hand tramp those areas
inaccessible to the roller. After the sodding operation has been
completed, the edges of the area shall be smooth and shall
conform to the grades indicated.
2. On slopes having a ration greater than 1 :3, peg the installed sod
into place with not less than two stakes per square yard.
3. Sandina: If, in the opinion of the Landscape Architect, top-dressing
is necessary after rolling, the Contractor shall immediately perform
this function at no additional cost. Clean silica sand shall be used
to level and fill voids. Evenly apply sand over the entire surface to
be leveled, filling-in dips and voids and thoroughly washing into the
sod areas.
F. Application of Fertilizer:
1.
Royal Palms: 10 pounds per palm.
2.
Medjool Date Palms: 5 pounds per palm.
3.
Coconut Palms: 10 pounds per palm.
4.
Groundcovers: 10 pounds per 1,000 square feet of bed spread
evenly throughout the bed.
5.
Sod: 10 pounds per 1,000 square feet of sod area.
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DATE: 07121/06
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6. Existina trees to be transplanted: At time of watering root-prune
trees prior to transplanting, drench root ball once per week during
the course of watering with a soluble fertilizer having a 20.20.20
analysis at manufacturer's recommended rate. One month after
transplanting, add one pound of 6-6-6 fertilizer per inch of trunk
caliper to trees, and one pound of LESCO 13-3-13 fertilizer per
inch of trunk for palms.
G. Apply fertilizer to sod one (1) week after planting. Apply fertilizer to shrub,
groundcover beds, palms and trees three (3) weeks after planting.
H. Fertilizer for large trees and palms that require five (5) pounds of more of
fertilizer shall have the fertilizer placed as follows:
Place fertilizer evenly spaced at the edge of the root ball into holes poked
in the soil to a depth that allows the fertilizer to be poured below the root
zone of adjacent shrubs and grass, to avoid burning of these plants.
I. Water plants and sod thoroughly two days prior to applying fertilizer, and
wash fertilizer off plant leaves immediately after fertilizing.
J. Mulch: All planting beds shall be weed-free prior to mulching and within 24
hours after planting. All curb, roadway, and bed line edges will be
"trenched" to help contain the applied mulch. All plant beds and tree rings
shall be mulched evenly with a 3 inch layer (before compaction) of 100%
Grade B recycled cypress bark mulch, or other mulch as specified on the
Plans or General Notes. Mulch shall not be placed against the trunks of
plant materials or foundations of buildings. Maintain a minimum 3 inch
clearance for trees and shrub trunks and a minimum 6 inch clearance for
the walls of buildings. For beds of annual flowers, a 12 inch wide x 3 inch
deep band of mulch shall be installed in front of the first row of annuals.
Maintain a minimum 6 inches of non-mulched clearance from the outside
edge of annuals.
K. Stakina and Guying:
1. As indicated on the details.
2. The contractor shall remove and dispose of materials (6) months
after the date of final acceptance of the landscape work and as
approved by the Landscape Architect that sufficient time has
elapsed for the plants roots to stabilize the plant.
L. Waterina After Plantina:
1. Initially, water the plant material to develop uniform coverage and deep
water penetration of at least six inches. Avoid erosion, puddles, and
washing soil away from plant roots.
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DATE: 07/21/06
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2. Provide continuous watering of plant material and sod after planting in
order to achieve optimum growth conditions to establish plants. Water
shall be applied as necessary and the amount of water and frequency
of watering shall be based on the specific needs of each plant type. the
time of year, amount of rainfall and other environmental conditions it is
exposed to.
This watering shall begin after the plant is planted and continue until
final acceptance of for a minimum of sixty (60) consecutive calendar
days, whichever is greater in time.
ALL TREES AND PALMS SHALL BE HAND WATERED DURING
THIS PERIOD. DO NOT RELY ON THE IRRIGATION SYSTEM. IF
THERE IS ONE, TO ACHIEVE THIS TASK. It cannot deliver the
volume of water required, without flooding areas beyond where water
is needed and/or over watering other landscape material. Shrubs and
ground cover may be watered by using the irrigations system, if there
is one, otherwise hand water during this period. Supplemental watering
of shrubs by hand may be required during the establishment period, at
no additional cost. NEW SOD SHALL BE HAND-WATERED ON TOP
IMMEDIATELY AFTER PLACING AND ROLLING, AND FOR ONE (1)
WEEK AFTERWARDS ONCE DAILY.
3. If there is no source for water available at the project, then the
Contractor shall be responsible for supplying water for hand watering
by means of a truck or tank.
4. Canopy watering of existing, transplanted trees may be required at the
discretion of the Landscape Architect, using misting heads on PVC
risers to cover entire canopy. Operate by hand or on a time clock to
spray as required to keep soil at root ball from getting too wet.
M. Pruning and Thinning:
1. Shall be done by an experienced certified Arborist. The amount of
general pruning and thinning shall be limited to the minimum
necessary to remove dead or injured twigs and branches and to
compensate for the loss of roots as a result of transplanting
operations. Pruning and thinning shall be done in such a manner
as not to change the natural habit or shape of a plant. Dr. Chris
Latt, Urban Forester shall be contacted prior to performing any
major pruning and thinning. The Urban Forester may elect to be
present during any pruning and thinning.
2. All broken or damaged roots shall be cut off smoothly.
N. Weedina:
1.
In the event that weeds or other undesirable vegetation becomes
prevalent to such an extent that they threaten plant material, they
shall be removed. This condition shall apply during the
construction, maintenance and guarantee periods.
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DATE: 07/21/06
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BID NO: 38-05/06
DATE: 07/21/06
2. If necessary, the plant material, mulch, sand and/or planting soil
shall be replaced as needed to eliminate weeds or undesirable
vegetation at the expense of the Contractor.
O. Removal of Plant Material: All plant material to be removed shall be
removed completely, including the root ball, from the job or as directed by
the Landscape Architect. The remaining hole shall be filled with suitable
material or planting soil as directed by the Landscape Architect.
P. Existina Plant Material To be Relocated:
1.
All existing plant material to be relocated shall be root pruned a
minimum of six (6) weeks or for a period as determined by the
Landscape Architect prior to relocation. Palms may be exempt from
root pruning. Consult plans for instructions.
2.
Watering shall be done for two weeks prior to root pruning at a rate
or (2) two to (3) three inches to the root zone each week.
Watering shall continue on a weekly basis at the same amount of
water during the root regeneration period. Water plant to re-Iocated
thoroughly root pruning was not required.
3.
Root pruning shall be accomplished by digging a trench at least
two-thirds of the way around the trunk, a minimum of 24" deep.
This trench shall be located by the Landscape Architect in the field
and will be approximately 50% larger than nursery grown stock. All
exposed roots shall be cut off smoothly, with sharp instruments.
4.
A mixture of 30% silica sand and 70% mulch shall be used to refill
the trench, within 24-hours after root pruning.
5.
Staking & Guying of trees after root pruning shall be provided
during the root regeneration period.
6.
Plant material which is in soil of a loose texture, which does not
readily adhere to the root system, especially in the case of large
plants or trees, shall have the root ball wrapped in burlap and then
wire, if directed by the Landscape Architect. For wire, hog wire
shall be used and it shall be placed around the root ball before the
plant is removed from the hole for relocation. The wire shall be
looped and tensioned until the burlap ball is substantially packaged
by the tightened wire netting formed by the hog wire, so as to
prevent disturbance of the loose soil around the roots during
handling.
7.
To aid in relocation or to reduce shock, tops of plant material shall
be pruned to lessen the head volume to an amount equal to the
new reduced root system resulting from root pruning. Interior
sucker growth shall be removed first, followed by selective pruning
of branches. Pruning shall not destroy form of tree.
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3.06 CLEANUP:
For palms. remove all but those fronds that are growing in a
position above horizontal. All cuts shall be flush. No stubs allowed.
This shall be done in a manner complying with sound and standard
horticultural practices. Notice shall be given to the Landscape
Architect 48 hours before this task is carried out. The Landscape
Architect may elect to by present during this operation.
8. "Hat racking" shall only be allowed at the written approval and
direction of the Landscape Architect, and only when necessary to
transplant trees where obstructions limit the size that can be moved
through streets.
9. Contractor shall provide watering as required to assure that a
continuous moisture level required in promoting new root growth
during the root pruning period of six weeks.
10. Due to the negligence by Contractor, the dollar amount estimated
for the value of the destroyed trees shall be deducted from the
contract price.
11. Stripping of Leaves: For certain species. the Landscape Architect
may direct that the leaves be stripped from the branches just prior
to moving the tree, or may require spraying the leaves with an
approved wilt-proofing material, to prevent drying out during
transplanting.
12. When most or all of the vegetative cover has been removed during
the top pruning process. cover by spraying, all the exposed trunk
and limb surfaces with white. diluted paint. to prevent sun-scalding
of the exposed limbs. This shall be done within 6 hours after
pruning.
13. Fertilize and mulch as directed in Section 3.05 D. E, F. G and H of
these specifications.
14. The Contractor is responsible to provide sufficient water for
continuous healthy regeneration for a period of sixty (60) days after
transplanting.
BID NO: 38-05/06
DATE: 07/21/06
A.
Disposal of Waste: All waste and other objectionable material created
through planting operations and landscape construction shall be removed
completely on a daily basis from the job or as directed by the Landscape
Architect. Any paved areas including curbs and sidewalks which have
been strewn with soil. sod waste. fertilizer or other waste shall be
thoroughly swept. The Department is not required to supply areas or
facilities for storage or removal of waste on-site.
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B. Excess Fill: All excess fill shall be removed and disposed of from the
project at no additional cost to the Department. Excess fill shall be
disposed of as directed.
3.07 PROTECTION:
A. The Contractor shall provide safeguards for the protection of workmen and
others on, about, or adjacent to the work, as required under the
parameters of the Occupational Safety and Health Administration
(O.S.H.A.) standards.
B. The Contractor shall protect the Owner's and adjacent property from
damage.
C. The Contractor shall protect the landscape work and materials from
damage due to landscape operations. Maintain protection during
installation and maintenance periods.
D. The Contractor shall provide protection (tree barricades) for all existing
trees and palms as specified.
3.08 COMPLETION AND FINAL ACCEPTANCE OF PLANTING AND IRRIGATION
(IF IRRIGATION IS PART OF CONTRACT)
BID NO: 38-05/06
DATE: 07/21/06
A.
Upon written notice from the contractor of the presumptive completion, as
defined below, of the entire project, the Landscape Architect, along with
other appropriate parties, will make an inspection within 48 hours after the
written notice. If all construction provided for and contemplated by the
Plans and TSP, is found to be completed in accordance with the Plans and
TSP, such inspection shall constitute the final inspection. The Contractor
shall be notified in writing of final acceptance as of the date of the final
inspection.
B.
If, however, the inspection mentioned in paragraph A, above discloses any
work, in whole or in part, as being unsatisfactory, final acceptance shall not
be given the Contractor. The Department and/or the Landscape Architect
will give to the Contractor the necessary instructions or "punch lists" for
correction of same, and the Contractor shall have up to 10 calendar days
from the date such instructions or "punch lists" to correct the work that is
received.
C.
Upon correction of work, another inspection will be made which shall
constitute the final inspection, provided the work has been satisfactorily
completed. In such event, the Department or their representative shall
make the final acceptance and notify the contractor in writing of this final
acceptance as of the date of this final inspection. At completion of the
punch list, contractor shall certify that all work above and below ground
has been completed in accordance with the plans, addenda and TSP and
that the Landscape Architect can rely on this document as being a true
and accurate statement to the best of the contractor's knowledge.
CITY OF MIAMI BEACH
56
D. Completion of the work shall mean the full and exact compliance and
conformity with the provisions expressed or implied in the Plans and TSP
including any and all "punch lists" which may be issued outlining certain
items of work which were found unsatisfactory or require completion or
corrective action.
E. Final acceptance shall not be given until all construction provided for and
indicated in the Plans and TSP is inspected by the Department and
Landscape Architect and found to be completed in accordance with the
Plans and TSP.
F. Final acceptance shall not be official until acknowledge in writing by the
Department or their representative.
G. The guarantee shall not begin until the day final acceptance is given.
3.09 RESPONSIBILITY PRIOR TO FINAL ACCEPTANCE:
A. Certain resDonsibilities Drior to final acceDtance: The following is a partial
list of certain responsibilities. It is not a complete list, but only a summary
of certain responsibilities. There are other responsibilities indicated
elsewhere in the Plans and TSP. The lack of listing a responsibility on the
following list does not relieve the Contractor of the responsibility if it is
indicated elsewhere in the Plans and TSP. Also, the listing of responsibility
on the following list does not necessarily make it any more important then
one which is not listed.
1. The Contractor is responsible for the entire project prior to final
acceptance.
2. The Contractor is responsible for safety on and off the job site.
B. Maintenance Prior to Final AcceDtance:
1.
Maintenance shall begin immediately after each plant is planted
and continue until final acceptance except for the watering
indicated in the paragraph below. This watering shall begin as
indicted and shall continue until completed, even if the indicated
period goes beyond the time of final acceptance.
2.
Plant maintenance shall include watering, pruning, weeding,
cultivating, repair of erosion, mulching, tightening and repairing of
guys, stakes, braces, etc., replacement of sick or dead plants,
resetting plants to proper grades or upright position, maintenance
of the watering saucer, litter removal, and all other care needed fro
proper growth of the plants. Mowing and edging shall be done at
least every fourteen (14) days and the irrigation system shall be
checked at each mowing cycle and report and repairs required to
be responsible Contractor or Department.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
57
BID NO: 38-05/06
DATE: 07/21/06
3. Immediately after planting, each plant shall be watered and the
watering period shall continue until final acceptance or for a
minimum of 42 consecutive calendar days, whichever is greater in
time. Refer to the section entitled "Watering" for additional
requirements.
4. All plant material shall be weeded once a week. In the event that
weeds or other undesirable vegetation becomes prevalent to such
an extent that they threaten plant material, the weeks shall be
removed as directed by the Landscape Architect. If necessary, the
plant material, mulch, sand and/or planting soil shall be replaced as
needed to eliminate weeds or undesirable vegetation at the
expense of the Contractor.
5. Insecticides and Funaicides:
a. Contractor shall apply all insecticides and fungicides as
needed, for complete control of pests and diseases. The
materials and methods shall be in accordance with highest
standard horticultural practices and as recommended by the
County Agent, and approved by the Landscape Architect,
prior to implementation.
b. When a chemical is being applied, the person using it shall
have in their possession, a specimen label and the Material
Safety Date Sheet. Also, the chemical shall be applied as
indicated on the said labeling. Only products approved by
the Federal Environmental Protection Agency shall be used.
NO PRODUCTS CONTAINING 2-40 SHALL BE USED.
c. The spraying of insecticides and other such chemicals are
to be confined to the individual plant. Spraying techniques
which may introduce the material being sprayed beyond the
immediate area of the individual plant is strictly prohibited.
d. The implementation of control measures for pest and
disease infestations shall be in strict compliance with all
federal and local regulations. Upon request the Contractor
shall furnish documentation of such compliance.
e. All insecticides shall be applied by an operator licensed
pursuant to Chapter 487 of Florida Statues. The operator
shall have the license certification in their possession when
insecticides are being applied.
6.
Sod: After the sod has been laid, tamped and top dressed, all
areas and parts of areas which fail to show uniform growth and
health shall be re-sod, repeatedly if necessary, until all sod areas
are covered with a satisfactory lawn.
CITY OF MIAMI BEACH
58
Damage resulting from erosion, gullies, washouts, or other causes
shall be repaired by filling with topsoil, tamping, fertilizing again,
and re-sod by the Contractor at his or her expense.
7. Protection: Planted trees and plants shall be protected against
trespassing and damage. If any plants become damage or injured
they shall be treated or replaced as directed and in compliance with
the TSP at no additional cost to the Department. No work shall be
done within or over planting areas or adjacent to plants without
proper safeguards and protection.
8. Keep sidewalks, curbs and gutters, drainage structures, driveways,
parking areas, streets, terraces, decks and pavers free of plant
cuttings, debris and stains.
9. Material rejected during the course of construction shall be
removed with ten (10) working days and replaced before an
inspection for completion will be scheduled.
10. If the Contractor fails to perform maintenance consistent with these
specifications, as determined by Department then the Department
may perform any necessary maintenance and back charge the
Contractor for labor and materials.
D. Survival and Conditions: The Contractor shall be responsible for the proper
maintenance and the survival and condition of all landscape items from the time a
landscape item is installed until final acceptance.
E. Reolacement: Replacement of plant material shall be the responsibility of the
Contractor including the possible replacement of plant material resulting from
removal by theft or vandalism or acts of negligence on the part of others. All plant
material shall be alive and in good growing condition for each specific kind of plant
at the time of final acceptance.
F. Rating: The rating of plant material according to Florida Grades and Standards
shall be equal to or better than that called for on the plans and in this TSP at the
time of final acceptance.
3.10 LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS:
CONTRACTOR shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and CONTRACTOR's
general operations.
CONTRACTOR shall conduct its operations so as not to close any thoroughfare,
nor interfere in any way with traffic on railway, highways, or water, without the
prior written consent of the proper authorities.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
59
3.11 SAFETY AND PROTECTION:
CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project.
CONTRACTOR shall take all necessary precautions for the safety of, and shall
provide the necessary protection to prevent damage, injury or loss to:
All employees on the work site and other persons who may be affected thereby;
All the work and all materials or equipment to be incorporated therein, whether in
storage on or off the Project site; and
Other property at the Project site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction.
CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety of
persons or property or to protect them from damage, injury or loss; and shall erect
and maintain all necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property and utilities when
prosecution of the work may affect them. All damage, injury or loss to any
property referred to in Sections 44.1.2 and 44.1.3 above, caused directly or
indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone
directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's
duties and responsibilities for the safety and protection of the work shall continue
until such time as all the Work is completed and LANDSCAPE ARCHITECT has
issued a notice to the CONTRACTOR that the Work is acceptable.
CONTRACTOR shall designate a responsible member of its organization at the
Work site whose duty shall be the prevention of accidents. This person shall be
CONTRACTOR'S superintendent unless otherwise designated in writing by
CONTRACTOR to CITY.
3.12 HURRICANE PRECAUTIONS:
During such periods of time as are designated by the United States Weather
Bureau as being a hurricane warning or alert, the CONTRACTOR, at no cost to
the CITY, shall take all precautions necessary to secure the Project site in
response to all threatened storm events, regardless of whether the CITY or
LANDSCAPE ARCHITECT has given notice of same.
Compliance with any specific hurricane warning or alert precautions will not
constitute additional work.
Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the CITY has directed such suspension, will entitle the
CONTRACTOR to additional Contract Time as noncompensable, excusable
delay, and shall not give rise to a claim for compensable delay.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
60
3.13 CLEANING UP: CITY'S RIGHT TO CLEAN UP:
CONTRACTOR shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion of the
Project, CONTRACTOR shall remove all its waste materials and rubbish from
and about the Project as well as its tools, construction equipment, machinery and
surplus materials. If CONTRACTOR fails to clean up during the prosecution of
the Work or at the completion of the Work, CITY may do so and the cost thereof
shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR
and separate contractors as to their responsibility for cleaning up, CITY may
clean up and charge the cost thereof to the contractors responsible therefor as
LANDSCAPE ARCHITECT shall determine to be just.
3.14 REMOVAL OF EQUIPMENT:
In case of termination of this Contract before completion for any cause whatever,
CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or
all of CONTRACTOR's equipment and supplies from the property of CITY, failing
which CITY shall have the right to remove such equipment and supplies at the
expense of CONTRACTOR.
3.15 PROJECT RECORDS:
CITY shall have the right to inspect and copy, at CITY's expense, the books and
records and accounts of CONTRACTOR which relate in any way to the Project,
and to any claim for additional compensation made by CONTRACTOR, and to
conduct an audit of the financial and accounting records of CONTRACTOR which
relate to the Project and to any claim for additional compensation made by
CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such
books and records and accounts, financial or otherwise, which relate to the
Project and to any claim for a period of three (3) years following Final Completion
of the Project. During the Project and the three (3) year period following Final
Completion of the Project, CONTRACTOR shall provide CITY access to its books
and records upon seventy-two (72) hours written notice.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
61
INSTRUCTIONS TO BIDDERS~
1. Examination of Contract Documents and Site: It is the responsibility of each Bidder before
submitting a Bid, to:
1.1. Examine the Contract Documents thoroughly,
1.2. Visit the site or structure to become familiar with conditions that may affect
costs, progress, performance or furnishing of the Work,
1.3. Take into account federal, state and local (City and Miami-Dade County) laws,
regulations, ordinances that may affect costs, progress, performance,
furnishing of the Work, or award,
1.4. Study and carefully correlate Bidder's observations with the Contract
Documents, and
1.5. Carefully review the Contract Documents and notify Landscape Architect of all
conflicts, errors or discrepancies in the Contract Documents of which Bidder
knows or reasonably should have known.
The submission of a Bid shall constitute an incontrovertible representation by Bidder that
Bidder has complied with the above requirements and that without exception, the Bid is
premised upon performing and furnishing the Work required by the Contract Documents
and that the Contract Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
2. Pre-Bid InterDretations: Only questions answered by written Addenda will be binding.
Oral and other interpretations or clarifications will be without legal effect. All questions
about the meaning or intent of the Contract Documents are to be directed to the City's
Procurement Director in writing. Interpretations or clarifications considered necessary by
the City's Procurement Director in response to such questions will be issued by City by
means of Addenda mailed or delivered to all parties recorded by the City's Procurement
Director as having received the Bidding Documents. Written questions should be
received no less than ten (10) calendar days prior to the date of the opening of Bids.
There shall be no obligation on the part of City or the City's Procurement Director to
respond to questions received less than ten (10) calendar days prior to bid opening.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
62
lD
~
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305.673.7490 ,Fax: 305.673.7851
July 21,2006
To:
Phone:
Fax:
E-mail:
Subject: Performance Evaluation of
Number of pages including cover: 2
To Whom It May Concern:
The City of Miami Beach has implemented a process that collects past performance information
on various General Contractors. The information will be used to assist City of Miami Beach in the
procurement of future/various irrigation/median type services/projects.
The company listed in the subject line has chosen to participate in this program. They have listed
you as a past client that they have done work for. Both the company and City of Miami Beach
would greatly appreciate you taking a few minutes out of your busy day to complete the
accompanying questionnaire.
Please review all items in the following attachment and answer the questions to the best of your
knowledge. If you cannot answer a particular question, please leave it blank. Please return this
questionnaire to John Ellis by Friday, September 1, 2006 by fax: 305.673.7851; or e-mail
ioh nellis@miamibeachfl.Qov
Thank you for your time and effort.
Gus Lopez, CPPO
Procurement Director
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
63
lD
....,.
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305.673.7490 ,Fax: 305.673.7851
PERFORMANCE EV ALUA TION SURVEY
Contractor Name:
Point of Contact:
Phone and e-mail:
Please evaluate the performance of the contractor (10 means you are very satisfied and have no questions
about hiring them again, 5 is if you don't know and I is if you would never hire them again because of
very poor performance).
NO
1
CRITERIA
Ability to manage the project cost (minimize change orders)
Ability to maintain project schedule (complete on-time or
early)
Quality of services
2
3
4
Professionalism and ability to manage (includes responses and
prompt payments to suppliers and subcontractors)
Close out process (no punch list upon turnover, warranties,
as-builts, operating manuals, tax clearance, etc, submitted
promptly)
Communication, explanation of risk, and documentation
(construction interface completed on time)
Ability to follow the agencies rules, regulations, and
requirements (housekeeping, safely, etc...)
5
6
7
8
Overall customer satisfaction and hiring again based on
performance (comfort level in hiring contractor again)
Overall Comments:
UNIT
( 1-10)
(1-10)
(1-10)
(1-10)
(1-10)
(1-10)
(1-10)
(1-10)
Agency or Contact Reference Business Name:
Contact Name:
Contact Phone and e-mail:
Date of Services:
Dollar Amount for Services:
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
64
BIDrrENDER FORM
Submitted:
Date
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
The undersigned, as Bidder, hereby declares that the only persons interested in this bid
as principal are named herein and that no person other than herein mentioned has any
interest in this bid or in the Contract to be entered into; that this bid is made without
connection with any other person, firm, or parties making a bid; and that it is, in all
respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself
fully of all conditions pertaining to the place where the Work is to be done; that it has
examined the Contract Documents and all addenda thereto furnished before the opening
of the bids, as acknowledged below; and that it has satisfied itself about the Work to be
performed; and all other required information with the bid; and that this bid is submitted
voluntarily and willingly.
The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision
of the State of Florida, pursuant to the terms and conditions of the Contract Documents
and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of
transportation, and all labor necessary to construct and complete within the time limits
specified the Work covered by the Contract Documents for the Project entitled:
The Bidder also agrees to furnish the required Certificate(s) of Insurance within fifteen
(15) calendar days after being notified of the award of the Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which
may be corrected by the City. In the event of a discrepancy between the price bid in
figures and the price bid in words, the price in words shall govern. Bidder agrees that
any unit price listed in the bid is to be multiplied by the stated quantity requirements in
order to arrive at the total.
Acknowledgment is hereby made of the following addenda (identified by number)
received since issuance of the Contract Documents.
The Bidder shall acknowledge this bid by signing and completing the spaces provided
below.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
65
Name of Bidder:
City/State/Zip:
Telephone No.:
Social Security
No. or Federal
I.D.No.:
Dun and
Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
(Sian below if not incorporated)
WITNESSES:
(Type or Print Name of Bidder)
(Signature)
(Type or Print Name Signed Above)
(Sian below if incorporated)
A TIEST:
(Type or Print Name of Corporation)
Secretary
(Signature and Title)
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
66
(CORPORATE SEAL)
(Type or Print Name Signed Above)
Incorporated under the laws of the State of:
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
67
SUPPLEMENT TO BID/TENDER FORM
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY
ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS
DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED
WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST.
QUESTIONNAIRE
The undersigned authorized representative of the Bidder certifies the truth and accuracy of all
statements and the answers contained herein.
1. Bidders Name:
Address:
City:
State:
Zip Code:
Tel. No.:(
Facsimile No.:
2. Is your organization a:
Corporation
Partnership
Individual
3. Name of Contact Person in the Organization:
Primary:
Telephone No.:
Secondary:
Telephone No.:
4. How many years has your organization been in business while possessing one of the
licenses, certifications, or registrations specified in Section 00405?
License/Certification#lRegistration#
# Years
5. **FOR CORPORATIONS ONL Y**
Date Incorporated: State where Incorporated:
If State of incorporation is other than Florida, provide date of Certificate of Authority to
Perform Work in Florida: . Firm shall include a current
contractor's license affirming that the contractor is authorized to do business in the State
of Florida.
BID NO: 38-05/06
DATE: 07121/06
CITY OF MIAMI BEACH
68
6. **FOR PARTNERSHIPS ONL Y**
PARTNERSHIP
(State whether general or limited partnership):
Date of Organization:
Name and Address of Principals:
7. **FOR SOLE PROPRIETORSHIPS ONLY **
Date of Organization:
Name and Address of Principals:
8.
** PRESENT OFFICERS**
Name
Home Address
President:
City
State
Zip Code
Vice President:
City
State
Zip Code
Secretary:
City
State
Zip Code
Treasurer:
City
State
Zip Code
Registered Agent in Florida:
Address:
City:
State:
Zip Code:
9. The names of the corporate officers, or partners, or individuals doing business under a
trade name, are as follows:
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
69
10. List all organizations which were predecessors to Bidder or in which the principals or
officers of the Bidder were principals or officers.
11. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed
by or against the Bidder, its parent or subsidiaries or predecessor organizations during
the past five (5) years. Include in the description the disposition of each such petition.
12. List and describe all successful Performance or Payment Bond claims made to your
surety (ies) during the last five (5) years. The list and descriptions should include claims
against the bond of the Bidder and its predecessor organization(s).
13. List all claims, arbitrations, administrative hearings and lawsuits brought by or against
the Bidder or its predecessor organization(s) during the last five (5) years. The list shall
include all case names; case, arbitration or hearing identification numbers; the name of
the project over which the dispute arose; a description of the subject matter of the
dispute; and the final outcome of the claim.
14. List and describe all criminal proceedings or hearings concerning business related
offenses in which the Bidder, its principals or officers or predecessor organization(s)
were defendants.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
70
15. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or
suspended from bidding by any government during the last five (5) years? If yes,
provide details.
16. Under what conditions does the Bidder request Change Orders.
17. You must provide the names of all individuals or entities (including your sub-contractors)
with a controlling financial interest. The term "controlling financial interest" shall mean
the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in
any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm"
shall mean any corporation, partnership, business trust or any legal entity other than a
natural person.
18. Individuals or entities (including our sub-contractors) with a controlling financial interest:
have have not contributed to the campaign either directly or indirectly, of
a candidate who has been elected to the office of Mayor or City Commissioner for the
City of Miami Beach. Please provide the name(s) and date(s) of said contributions and
to whom said contribution was made.
19. What is the last project of this nature that you have completed?
20. Have you ever failed to complete any work awarded to you? If so, where and why?
21. Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of
the Partnership or Owner of Sole Proprietorship ever been indicted, debarred,
disqualified or suspended from performing work for the Federal Government or any
State or Local Government or subdivision or agency thereof?
Yes
No
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
71
22. Are any indictments, debarments, disqualifications, or suspensions referenced on the
previous page current?
Yes
No
If the answer to 21 or 22 is yes, attach a written detailed explanation.
23. Give owner names, addresses and telephone numbers, and surety and project names,
for all projects for which you have performed work, where your surety has intervened to
assist in completion of the project, whether or not a claim was made.
24.
Is the Company a Qualified:
Minority Business Enterprise:
Women's Business Enterprise:
Yes
No
Yes
No
25. Submit your EEO program as a separate attachment.
26. Financial Status:
What is your Company's Bonding Capacity $
Value of Ongoing Contract $
Name of Surety:
Address:
City:
State:
Zip Code:
Telephone:
27. Has a representative of the Bidder completely inspected the proposed project and does
the Bidder have a complete plan for its performance?
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
72
28. Will you subcontract any part of this work? If so, give details including a list of each
subcontractor(s) that will perform work in excess of ten percent (10%) of the contract
amount, the approximate percentage, and the work that will be performed by each such
subcontractor(s). Include the name of the subcontractor(s) and the approximate
percentage of work.
29. What equipment do you own that is available for the work?
30. What equipment will you purchase for the proposed work?
31. What equipment will you rent for the proposed work?
32. State the name of your proposed project manager(s) and superintendent and give
details of his or her qualifications and experience in managing similar work.
THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO REQUEST ADDITIONAL
INFORMATION, BEYOND THAT CONTAINED IN THIS QUESTIONNAIRE, THAT MAY BE
REQUIRED TO PROPERLY EVALUATE THE APPLICANT'S QUALIFICATIONS.
FIRMS THAT FAIL TO SUBMIT ALL THE INFORMATION CONTAINED IN THIS
QUESTIONNAIRE OR ANY OTHER INFORMATION REQUESTED BY THE CITY OF MIAMI
BEACH MAY HAVE THEIR BIDS DEEMED NON-RESPONSIVE.
PROSPECTIVE BIDDERS ARE HEREBY ADVISED THAT IT WILL BE THEIR
RESPONSIBILITY TO COMPLY WITH ALL FEDERAL AND STATE OF FLORIDA STATUTES
AND REGULATIONS GOVERNING THIS TYPE OF PROJECT.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
73
VALIDATION:
The undersigned certifies that the information provided in this questionnaire is correct and
accurate.
IF PARTNERSHIP:
Print Name of Firm
Signature
Print Name
Address
Title:
IF CORPORATION:
Signature
Print Name of Corporation
Print Name
Address
Title:
WITNESS:
Signature
Print Name
Title:
(CORPORATE SEAL)
Attest:
Secretary
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
74
SUPPLEMENT TO BIDITENDER FORM NON-COLLUSION CERTIFICATE
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE
DEEMED RESPONSIBLE.
Submitted this
day of
,2006.
The undersigned, as Bidder, declares that the only persons interested in this Bid are named
herein; that no other person has any interest in this Bid or in the Contract to which this Bid
pertains; that this Bid is made without connection or arrangement with any other person; and
that this Bid is in every respect fair and made in good faith, without collusion or fraud.
The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the Bidder
and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid
pertains.
The Bidder states that this Bid is based upon the documents identified by the following number:
Bid No. 38-05/06.
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
75
SUPPLEMENT TO BIDITENDER FORM
DRUG FREE WORKPLACE CERTIFICATION
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE
DEEMED RESPONSIBLE.
The undersigned Bidder hereby certified that it will provide a drug-free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the offeror's
workplace, and specifying the actions that will be taken against employees for violations of
such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the statement
required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a
condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug
statute for a violation occurring in the workplace no later than five (5) calendar days
after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such
conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is convicted
of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and including
termination; or
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
76
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free workplace program through
implementation of subparagraphs(1) through (6).
(Bidder Signature)
(Print Vendor Name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20_, by as
(name of person whose signature is being notarized)
(title) of ,
(name of corporation/company)
known to me to be the person described herein, or who produced as
identification, and who did/did not take an oath.
NOTARY PUBLIC:
(Signature)
(Print Name)
My commission expires:
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
77
00600. CONTRACT:
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision
of the State of Florida, hereinafter referred to as CITY,
and , hereinafter referred to as CONTRACTOR.
WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations hereinafter
named, agree as follows:
ARTICLE 1
SCOPE OF WORK
CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment services
and incidentals necessary to perform all of the work described in the Contract Documents and
related thereto for the Project.
ARTICLE 2
CONTRACT TIME
2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the
form of a Standing Order issued by the City's Procurement Director and a Notice to
Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be
issued for this Contract. CONTRACTOR shall commence scheduling activities, permit
applications and other preconstruction work within five (5) calendar days after the
Project Initiation Date, which shall be the same as the date of the first Notice to Proceed.
The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's
submission to CITY of all required documents(including but limited to: Payment and
Performance Bonds, and Insurance Certificate) and after execution of the Contract by
both parties.
2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the
full progress schedule in accordance with technical specifications section,
submittal schedule and schedule of values is a condition precedent to the
issuance of a second Notice to Proceed to mobilize on the Project site and
commence with physical construction of the work. The CONTRACTOR shall
submit all necessary documents required by this provision within ten (10)
calendar days of the issuance of the first Notice to Proceed.
2.2 Time is of the essence throughout this Contract. This project shall be substantially
completed within forty-five (45) calendar days from the issuance of the second Notice to
Proceed, and completed and ready for final payment in accordance with Article 5 within
fifteen (15) calendar days from the date certified by LANDSCAPE ARCHITECT as the
date of Substantial Completion.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
78
2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the
specified period of time, plus approved time extensions, CONTRACTOR shall pay to
CITY the sum of One-Hundred Dollars ($100.00) for each calendar day after the time
specified in Section 2.2 above, plus any approved time extensions, for Substantial
Completion. After Substantial Completion should CONTRACTOR fail to complete the
remaining work within the time specified in Section 2.2 above, plus approved time
extensions thereof, for completion and readiness for final payment, CONTRACTOR shall
pay to CITY the sum of One-Hundred Dollars ($100.00) for each calendar day after the
time specified in Section 2.2 above, plus any approved extensions, for completion and
readiness for final payment. These amounts are not penalties but are liquidated
damages to CITY for its inability to obtain full beneficial occupancy and/or use of the
Project. Liquidated damages are hereby fixed and agreed upon between the parties,
recognizing the impossibility of precisely ascertaining the amount of damages that will be
sustained by CITY as a consequence of such delay, and both parties desiring to obviate
any question of dispute concerning the amount of said damages and the cost and effect
of the failure of CONTRACTOR to complete the Contract on time.
The above-stated liquidated damages shall apply separately to each portion of the
Project for which a time for completion is given.
2.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for
the Work under this Contract or as much thereof as CITY may, in its sole discretion,
deem just and reasonable.
ARTICLE 3
THE CONTRACT SUM
[] This is a Unit Price Contract:*
3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number of each
of the units of work completed at the unit price stated in the schedule of prices bid. The
number of units contained in this schedule is an estimate only, and final payment shall
be made for the actual number of units incorporated in or made necessary by the Work
covered by the Contract Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part of the Work.
These prices shall be full compensation for all costs, including overhead and profit,
associated with completion of all the Work in full conformity with the requirements as
stated or shown, or both, in the Contract Documents. The cost of any item of work not
covered by a definite Contract unit price shall be included in the Contract unit price or
lump sum price to which the item is most applicable.
[ ] This is a LumD Sum Contract:*
3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in the
Contract Documents, the total price stated as awarded.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
79
3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full
compensation for all costs, including overhead and profit, associated with completion of
all the work in full conformity with the requirements as stated or shown, or both, in the
Contract Documents. The cost of any item of work not covered by a definite Contract
lump sum should be included in the lump sum price to which the item is most applicable.
*Note: Some Projects include both unit prices and lump sums in which case both sections shall
apply to the Work identified for each type of Contract. See Page 22, Paragraph b), entitled "Cost
Information".
ARTICLE 4
PROGRESS PAYMENTS
4.1 CONTRACTOR may make Application for Payment for work completed during the
Project at intervals of not more than once a month. CONTRACTOR's application shall
show a complete breakdown of the Project components, the quantities completed and
the amount due, together with such supporting evidence as may be required by
LANDSCAPE ARCHITECT. CONTRACTOR shall include, but same shall be limited to,
at Landscape Architect's discretion, with each Application for Payment, an updated
progress schedule acceptable to LANDSCAPE ARCHITECT as required by the Contract
Documents and a release of liens and consent of surety relative to the work which is the
subject of the Application. Each Application for Payment shall be submitted in triplicate
to LANDSCAPE ARCHITECT for approval. CITY shall make payment to
CONTRACTOR within thirty (30) days after approval by LANDSCAPE ARCHITECT of
CONTRACTOR's Application for Payment and submission of an acceptable updated
progress schedule.
4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by CITY
until Final Completion and acceptance by CITY in accordance with Article 5 hereof,
except that after ninety percent (90%) of the Work has been completed, the Contract
Administrator may reduce the retainage to five percent (5%) of all monies previously
earned and all monies earned thereafter. Any reduction in retainage shall be in the sole
discretion of the Contract Administrator, shall be recommended by LANDSCAPE
ARCHITECT and CONTRACTOR shall have no entitlement to a reduction. Any interest
earned on retainage shall accrue to the benefit of CITY. All requests for retainage
reduction shall be in writing in a separate stand alone document.
4.3 CITY may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
4.3.1 Defective work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other
parties against CONTRACTOR or CITY because of CONTRACTOR's
performance.
4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors or for
material or labor.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
80
4.3.4 Damage to another contractor not remedied.
4.3.5 Liquidated damages and costs incurred by LANDSCAPE ARCHITECT for
extended construction administration.
4.3.6 Failure of CONTRACTOR to provide any and all documents required by the
Contract Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for final
inspection and acceptance, LANDSCAPE ARCHITECT shall, within ten (10) calendar
days, make an inspection thereof. If LANDSCAPE ARCHITECT and Contract
Administrator find the Work acceptable, the requisite documents have been submitted
and the requirements of the Contract Documents fully satisfied, and all conditions of the
permits and regulatory agencies have been met, a Final Certificate of Payment (Form
00926) shall be issued by LANDSCAPE ARCHITECT, over its signature, stating that the
requirements of the Contract Documents have been performed and the Work is ready for
acceptance under the terms and conditions thereof.
5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall deliver to
LANDSCAPE ARCHITECT a complete release of all liens arising out of this Contract,
receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors
have been paid in full and that all other indebtedness connected with the Work has been
paid, and a consent of the surety to final payment; the final corrected as-built drawings;
and the final bill of materials, if required, and invoice.
5.3 If, after the Work has been substantially completed, full completion thereof is materially
delayed through no fault of CONTRACTOR, and LANDSCAPE ARCHITECT so certifies,
CITY shall, upon certificate of LANDSCAPE ARCHITECT, and without terminating the
Contract, make payment of the balance due for that portion of the Work fully completed
and accepted. Such payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
5.4 Final payment shall be made only after the City Manager or his designee has reviewed a
written evaluation of the performance of CONTRACTOR prepared by the Contract
Administrator, and approved the final payment. The acceptance of final payment shall
constitute a waiver of all claims by CONTRACTOR, except those previously made in
strict accordance with the provisions of the General Conditions and identified by
CONTRACTOR as unsettled at the time of the application for final payment.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
81
ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein.
Accordingly, all of the documents incorporated by the Contract Documents shall govern
this Project.
6.2 Where there is a conflict between any provision set forth within the Contract Documents
and a more stringent state or federal provision which is applicable to this Project, the
more stringent state or federal provision shall prevail.
6.3 Public Entity Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or
affiliate who is a contractor, Landscape Architect or other provider, who has been placed
on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to the CITY, may not submit
a bid on a contract with the CITY for the construction or repair of a public building or
public work, may not submit bids on leases of real property to the CITY, may not be
awarded or perform work as a contractor, supplier, subcontractor, or Landscape
Architect under a contract with the CITY, and may not transact any business with the
CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes,
for category two purchases for a period of 36 months from the date of being placed on
the convicted vendor list. Violation of this section by Contractor shall result in
cancellation of the CITY purchase and may result in Contractor debarment.
6.4 IndeDendent Contractor
CONTRACTOR is an independent contractor under this Contract. Services provided by
CONTRACTOR pursuant to this Contract shall be subject to the supervision of
CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall
act as officers, employees, or agents of the CITY. This Contract shall not constitute or
make the parties a partnership or joint venture.
6.5 Third Party Beneficiaries
Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party
by this Contract. Therefore, the parties agree that there are no third party beneficiaries
to this Contract and that no third party shall be entitled to assert a claim against either of
them based upon this Contract. The parties expressly acknowledge that it is not their
intent to create any rights or obligations in any third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or by
hand-delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
82
The place for giving notice shall remain the same as set forth herein until changed in
writing in the manner provided in this section. For the present, the parties designate the
following:
For CITY:
Procurement Division
1700 Convention Center Drive
Miami Beach. Florida 33139
Attn: Gus LODez. Procurement Director
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach. Florida 33139
For Contractor:
6.7 Assianment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract any
portion of the work required by this Contract except as authorized by Section 27 of the
General Conditions. CONTRACTOR represents that all persons delivering the services
required by this Contract have the knowledge and skills, either by training, experience,
education, or a combination thereof, to adequately and competently perform the duties,
obligations, and services set forth in the Scope of Work and to provide and perform such
services to CITY's satisfaction for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this Contract in
a skillful and respectable manner. The quality of CONTRACTOR's performance and all
interim and final product(s) provided to or on behalf of CITY shall be comparable to the
best local and national standards.
6.8 Materiality and Waiver of Breach
CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in
these Contract Documents is substantial and important to the formation of this Contract
and, therefore, is a material term hereof.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
83
CITY's failure to enforce any provision of this Contract shall not be deemed a waiver of
such provision or modification of this Contract. A waiver of any breach of a provision of
this Contract shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Contract.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction to be
invalid, the remaining provisions shall continue to be effective unless CITY or
CONTRACTOR elects to terminate this Contract. An election to terminate this Contract
based upon this provision shall be made within seven (7) days after the finding by the
court becomes final.
6.10 Aoolicable Law and Venue
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby
expressly waive any rights either party may have to a trial by jury of any civil
litigation related to, or arising out of the Project. CONTRACTOR, shall specifically
bind all subcontractors to the provisions of this Contract
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Contract and executed by the CITY and CONTRACTOR.
6.12 Prior Aareements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Contract that are not contained in
this document. Accordingly, the parties agree that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or
written.
It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless set forth in writing in accordance
with Section 6.11 above.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
84
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year
first above written.
ATTEST:
i!lr.ulJ~
tyClerk '. .
Robert Parcher"
THE CITY OF MIAMI BEACH
"tk~~,
r~ice-Mayor Jerry Libbin
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORA TION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
CONTRACTOR
ATTEST:
landscaping & lawn Service, Inc.
( me of Corporation)
By:
(Corporate Seal)
Betsy Queved:>, Asst. General Manager
(Print Name and Title)
15~ay of SeptJ?mbel:" , 2<P~.
[If not incorporated sign below.]
WITNESSES:
CONTRACTOR
(Name of Firm)
By:
(Signature)
(Print Name and Title)
_ day of
,20 .
CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
BID NO: 38-05/06
DATE: 07/21/06
CITY OF MIAMI BEACH
85
APPROVED AS TO
FORM & LANGUAGE
& FOR ECUTION
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MIAMI BEACH
PROCUREMENT Division
MEMORANDUM
TO: Robert Parcher, City Clerk
F~US Lopez, CPPO, Procurement Director
DATE: September 26,2006
SUBJECT: CONTRACT NO. 38-05/06 - ALTON ROAD MEDIANS BEAUTIFICATION PROJECT
Attached please find the Contract Books pursuant to ITB NO.38-05/06 for Superior Landscaping
& Lawn Service, Inc.
All four (4) Contracts have been executed by Superior Landscaping & Lawn Service, Inc., and
they have agreed to all terms and conditions set forth in the contract. The attached Contracts
are for the City Clerk's and the Mayor's signature and execution. The City Attorney's office has
approved the form and language for contract execution.
Please call John Ellis at x7494 when the contracts are fully executed and ready for pick-up.
Thank you for your prompt attention to this matter.
We are committed to providing excel/ent public service and safety to 01/ who live, work, and ploy in our vibrant, tropical, historic cammunity.
~
~
MIAMIBEACH
PROCUREMENT Division
MEMORANDUM
TO: Raul Aguila, First Assistant City Attorney
FROM: Gus Lopez, CPPO, Procurement Director
DATE: September 21,2006
SUBJECT: CONTRACT NO. 3S-05/06-ALTON ROAD MEDIANS BEAUTIFICATION PROJECT
Attached are four (4) copies of the above referenced Contract for your review and form approval.
The Contracts have been signed by the contractor, and the City's Risk Manager has approved
the contractor's submitted Insurance Certificate.
Please call John Ellis at x6635 when the contracts are language and formed approved and
ready to be delivered to the City Clerk's office for execution.
Thank you for your prompt attention to this matter.
~
Gus Lopez, CPPO
Procurement Director
je
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P<Jf\
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.