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Tower Pest Control Contract 11-06/07 ~ ~ MIAMI BEACH L~13 ~ /1'1/0 7 CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: To Provide Pest Control and Fertilization Services CONTRACT NO.: 11-06/07 EFFECTIVE DATE(S): April 1, 2007 through March 31,2009, with two (2) Additional one (1) year renewal options SUPERSEDES: 14-02/03 CONTRACTOR(S): ESTIMATED ANNUAL CONTRACT AMOUNT: $75,000 Tower Pest Control A. AUTHORITY - Upon afftnnative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on February 14, 2007, a Contract has been approved for award and subsequent execution between the City of Miami Beach Florida and Contractor(s). B. EFFECT - This Contract is entered into to provide Pest Control and Fertilization Services for the City of Miami Beach, pursuant to City Invitation to Bid (ITB) No. 11-06/07and any addendas thereto, and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number (11- 06/07), with the current expiration date of March 31,2009,2010, or 2011, as applicable. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor to perform according to the requirements of the Contract Documents to Millicent "Millie" McFadden, City of Miami Parks and Recreation Superintendent, and Contract Administrator at 305-673-7000 ext. 2605. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager prior to commencement of any services/work by Contractor. 1 Page 2 Certification of Contract F. ASSIGNMENT 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 and/or services required by the Contract Documents. Contractor warrants and represents that all persons performing any work and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform same, to City's satisfaction, for the agreed compensation. Contractor shall perform the work and/or services required under the Contract Documents in a skillful and respectable manner. The quality of Contractor's performance and all interim and fmal product(s) provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS - Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times and adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or afftliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Services and/or work provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such work and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. 2 Page 3 Certification of 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 and/or the Contract Documents. K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 Attn: Gus LODez. Procurement Director With copies to: Millicent "Millie" McFadden Contract Administrator Parks and Recreation Department 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Tower Pest Control 7766 West 20 Avenue Bay 14 Hialeah, Fl33016 Attn: Francisco J. Torres L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the fonnation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 3 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this ~31lP day of /I11fJ ' 2002, by their respective duly authorized representatives. CONTRACTOR By h lU \L l \(0 \1\ \ [ Print Name ATTEST: _.~,)~IL~ . . ecretary/ Signature Jl\~\ CO CO{([ Print Name F: \PURC\$ALL \.TO HN\Contracts\T ower Pest Control\April117 .doc Mayor David Dermer ATTEST: ~tf~ City Clerk Robert Parcher APPROVED AS TO FORM & LANGUAGE & FOR EX CUTION tJ'Fl at 5 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP II) :1~ DA~~I '1'ON&PE1 03/30/07 PROOUCER THIS CERTlRCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIfICATE Riemer Insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AIIEND. EXTEND OR PO Box 250 AI. TER THE COVERAGE AFFORDED BY THE POlICES BElOW. Hallandale FL 33008-0250 Pbone:800-742-1691 rax:9S4-454-9552 INSURERS AFFORDING COVERAGE MAle II INSURED tlSlJlER A:. Starnet Insurance Co tlSlJlER B: Aequicap Insurance COIIlpany Tower Pest COntrol, Inc. tlSlJlER c: 7760 Nest 20th Ave, Bay 14 tlSlJlER 0 Hialeab FL 33016 tlSlJlER E: COVERAGES THE POlICES Of IHSlRNICE L1STEO BElOW ~IIE BEEN ISSlEO TO THE tfSUREO ru.NEJ) /I8CVE FOR TIE POCICY PERlOO IN)ICAlEO. HOIWIlHSTN'VI<<> /W'{ RECUREMENf, lERN OR CONllTION Of /W'{ CONlRJICT OR OltER IXlCl.M:Nr WIlH RESPECT TO WHCH TltS CERTFlCAlE MAY BE IS&ED OR .....Y PERTAIN, THE ~ AffOlalEO BY 1HE POUClES DESCRIlEO HERE'" IS staECT TOH.L THE lERMS. EXClLQOHS NV CONDITIONS OF SUCH PO.ICES AGGREGATE LIMITS SHOYJN ""Y ~VE BEEN REIXX:ED BY PAD aAIMS LTR INSRd TYPE OF INSURANCE POlICY ......at OA~~ OATE(IMDIWt) LMTS GENERAL LWIL/TY EACH ClCClAlENCE s 1000000 - A ~ COhM:RCIAL GENElW. lWlIl.lTY PSPOO0178202 07/21/06 07/21/07 ~Sl&-OCI:U&1CeJ s 100000 =:J- aAIMS IoWlE ~ 0CClJl IoEOEXP (Ny one person) s 5000 - PERSOtW. & N:N IN.l.R'( s 1000000 GENERH. ~&.lE S 2000000 GENt. ~GAlE LIMIT APPlIES PER. PROOUCTS - COhFl'OP N3t3 S 2000000 Xl POlICY n 7& n LOC Al./TOIIIOIIIUi! LWlUfY COt.IlNEO SNGlE LMT I-- S NfY AUTO CEa 8CCMlert1 f.- AlL <>'MEO AUTOS BOOIl Y IN.A.RY f-- S SCtEOl.lED AUTOS lPerlMlfSOlll ~ ll>>/~fL ttREO AUTOS BOOI. Y IN.l.RY - S NON-O'MED AUTOS CPer acc:idenIl '-- - f'ROPERTY ~ S CPer acc:idenIl GARAGE LWllI.ITY " , AUTOlH. Y - EA~ S ~ IH( AUTO otHER 1IWI EAN::C S AUTO lH. Y- N3t3 S EX~lIA8LJ1Y EACH ClCClAlENCE S :=JOCClR DaAIhlSloWlE ~&.lE S S =1 ~ro;nu S RETENTIOH S S WORKERS C~TIONAND X ITORY LIMITS I IU~ EllPLOYER$" UI\IIL/TY B Nl( PROPIlETORIPNmERlE)(EOJT1VE MC07065562 07/22/06 07/22/07 E.l EAOiN::C1CENT S 500000 OFF~EXCll.llEO? EL DISEA'iE - EA EIllFlOYEE S 500000 If yes, describe.- SPECIAl PROIIISIONS _ EL DISEA'iE - POCICY LMT S 500000 OTHER DESCRIPTION OF OPERAl1ONS I LOCAl1ONS I \6tCLES I EXClUSIONS ADOED BY BI)(lRSBENl" I SPECIAl.. PROVISIONS City of Miaai Beacb 1s included as an additional insured. CERTIFICATE HOLDER CANCEU.ATlON CZTDCI3 8ItOUlD NIt OF 1tE A8O\/E DESCR8ED POLJCES BE CAHCEUB) IIEFORE 1tE ElCPIIATION OA~ THEREOF. 1tE ISSUWG ~WILl ENDEAVOR TO IMlL 30 DAYS WRITTEN - NOnCE TO 1tE CERIFICA~ HOLDER NNIED TO 1tE lB'T. BUT FM..UIE TO DO so _L Ci ty of Miaai Beacb ~ NO oaJGATION OR LWlILIYY OF N<< ICIiI) UPON 1tE INSURER. I1'S AGENTS OR 1700 COnvention Center Drive REPRESENrAlNES. Miaai Beach FL 33139 AUTHORIZED mE~P.~. c;:/W'" 7" ACORD 25 (2001108) OACORDCORPORATJON 1988 Apr 06 07 11:10a r&l ~ H@nr~ B@llo Ins Acc~ 305 557 3955 p.1 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRmEN NOTICE TO THE CERTlFICATI: HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE OOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: rgJ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANV of Bloominglon, Illinois B STATE FARM FIRE AND CASUAL TV COMPANV of Bloomington, lIIinois STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas. Texas o STATE FARM INDEMNITY COMPANV of Bloomington. lIIinois. or o STATE FARM GUARANTV INSURANCE COMPANV of Bloomington. Illinois has coverage in force for the following Named Insured as shown below: NAMED INSURED: TOWER PEST CONTROL b. Collision EMPLOYERS NON-OWNED CAR LIABILITY COVERAGE HIRED CAR LIABILITY COVERAGE FLEET. CO~~FOR ALL OWIlED ICENSED ~TOR VEbI ES 0 YES 0 NO 0 YES ..;;:']'Ut; ~ // ~-'7;.? Signature 01 Aulhorlzed R""'es""ghlr......~, ~:." Name and Address nI'l?.rtiflcate Holder 'CITY OF MIAMl/!l~CH , 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FL 33139 ADDRESS OF NAMED INSURED: POLICY NUMBER EFFECTIVE OATE OF POLICY DESCRIPTION OF VEHICLE (Induellng V1N) LIABILITY COVERAGE LIMITS OF LIABILITY a. Bodily Injury Each Person Each Accident b. Property Damage Each Accident c. Bodily Injury & Properly Damage Single limit Each Accident PHYSICAL DAMAGE COVERAGES a. Comnrehensive 7160 IV 20'" AVE HIALEAH. FLA. 33016-1890 190-1674 02/06/07-08/06/07 2002 FORD Fl50 C06099 DVES 0 NO DVES DNO DVES DNO DVES DNO 1 MILL TON CSL 181 VES $ 500 181 VES $ 500 DNO DYES $ DVES $ DYES DVES DNO DVES DNO DVES DNO DedJcUble $ Deductible $ Deductible DNO DVES DNO DVES DNO DodUClible $ DeducUble 1$ Deductible DNO DYES DNO DVES DNO oNO DVES DNO DYES DNO DNO DVES DNO DYES DNO Deductible DNO Deductible DVES DYES DNO DNO STAFF 59-2397 Title Agent'. Code foUnber Name and Address of Acent HENRY BELLO INS AGCY INC. 1450 IV 68 ST HIAL~.PLA.33016 (305)5571176 (305) 557-3955 04/06/2007 Doto ,- INTERNAL STATE FARM USE ONLY. 0 Request permonent CertifICate 01 Insurance lor liabNlty coverage. 122429.3 Rev. 07~26.2005 0 Request Certificale Holder 10 be added IS an Additional Insured. ~~O~ TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 11-06/07 BID FORM We propose to furnish all labor, tools, equipment, transportation, permits, licenses, services and incidentals necessary in order to provide Pest Control and Fertilization Services for the City of Miami Beach, in accordance with Bid Specifications. as follows: Job Classification Est. Hours labor Rate Total/Annual (year) (per hour) Pest Control Supervisor 60 x SJgb. ~q s i OJ q lJ.2lQ (1 Hour per week) Pest Control Technician 2080 x s30--!.-~_Y. sJp),)'5.10 (8 hrs/day x 5 days/week) ESTIMATED ANNUAL TOTAL: (Based on a 40 hour work week) s 1'J 4 I 2l ~s.1lO 1t1lfn~" foVg Th{)USQno TwO h0I'\d(eC)i>e\9~h~ dO\l~(fwnhJevtn~,/!i.x ------nn' ~ . (WRITTEN AMOUNT) GUARANTEE: Sf e ^' I rl ----------~ Cttm ell~ (See Section 2.16) NOTE: THE CITY WILL PAY THE CONTRACTOR, THEIR COSTS INcURED (VENDOR COSTS) FOR ANY/ALL MATERIALS REQUIRED THAT WILL NOT BE PROVIDED BY THE CITY, NOTE: BIDDERS SHALL SUBMIT THE HOURLY LABOR RATES FOR "REGULAR WORKING HOURS". SHOULD THE CONTRACTOR BE REQUIRED TO WORK OVERTIME. THE HOURLY LABOR RATES (OVERTIME) WILL BE NEGOTIATED BY THE CITY MANAGER, OR HIS DESIGNATED REPRESENTATIVE, AND WILL NOT EXCEED AN HOURLY LABOR RATE OF THE BIDDERS REGULAR HOURLY LABOR RATE AND ONE HALF, ("TIME AND A HALF") NOTE: SHOULD ADDITIONAL WORK (WORK NOT SPECIFIED IN THE BID DOCUMENTS) BE REQUIRED DURING REGULAR WORKING HOURS, (SECTION 2.15) THE CONTRACTOR WILL INVOICE THE CITY, THE SAME HOURLY LABOR RATES SUBMITTED IN THE ABOVE BID FORM, October 27. 2006 City of Miami Beach Bid No: 11-06107 53 of 69 -----..------------ ---------.. ~- --- -~-- - - -__.__________ __._n~~__ TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 11"()6/07 ADDENDUM ACKNOWLEDGEMENT: ADDENDUM DATED , OOV kJ20 0 \7 NO. NO. 2 nov \4n.00l.D 3 nov 11.100". PAYMENT TERMS: NET 30. If other, speci ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SON SIGNING BID TELEPHONE NO: FACSIMILE NO: SIGNED: FranCisco TOfff lllO 0 w 20 A v En ul ~ o~ \ 4 H'O\eO~. ~\ ZIP: 3 3()\ ~ 30S-~2\. 31)~% ~~\Qill (I certify that I am authorized to execute this proposal and commit the bidding firm) NAMElTITLE(Print): ADDRESS: CITY/STA TE: October '0. 2006 City of Miami Beach Bid No: 11-<18107 54d89 Risk Assessment Form INTRODUCTION In late 2005 our pest control company appointed Method 1-2-3 to create a Risk Assessment Program for our business. We sought a program that could formally document risks that could arise during the completion of our duties as required by the contract issued by the City of Miami Beach like time management, inclement weather situations, chemical or pesticide availability, and site accessibility. Our certified pest control operator works directly with the program, identifying the risks, recognizing how to avoid and/or minimize said risk, and proposing alternative options to increase the value of the project at hand, The Risk Management Process provided our company with a series of quality control processes like tlle implementation of the Rirk AJJCJJJJlCllt l-'orm where technicians, project managers, and our own supervisors could document and complete a number of actions to reduce the likelihood and severity of impact of all risks. Many pest control companies have not seen the value of installing a formal procedure like this to outline and document risks in different projects. Our experience with this type of a program has provided us with a considerable advantage over them, providing a safer, more efficient work environment. Our Risk Management Plan is undertaken to ensure that each risk identified within the City of Miami Beach is documented, escalated and mitigated as appropriate. Risks are defined as 'any event which ~ likely to adversely affect the ability of the project to achieve the defined objectives'." Sample Risk Assessment Form PRO,lI'CI l)LL\IL~ PrOject Name: Project Manager: City of r:lianii Be~ch.1 (j\~,~;;"1e ~~-necjlj"c Sircj RISk DF'I \IL~ RaIsed By: Date Raised: T e :..:hl1..~~':;j;l: l'/~;a12 E~:::..- ,';!I ::.A:~'~'.:: _~:::.,' il:i~~:_' i...,' C~;!1}!"',"_>e!":..~d Risk Description: ~~~~~.~:~~:.~:/.~:::"C:;;::;;~~;:;~~;~/;;~~;;::7~i!:;:~c::,,~:.',:::;'-'d ;!I:,J' ",c:, :',~Z:c'i;' ;;";;-: :'.:;!] ,-'.'C' ';,'./-:"C, . _',.:. .~':: "i,-~ !',,":~~/_'(.'.....'''' Risk Likelihood: Risk Impact: !}'...'SL'n'/l~" a:i.t.,-I t'.H~-:-' ,tJlt' ii/..:c!i.l-zu;,'d ...__:....cj.:., :.';.---/: '--'-':..:;::';!id~'!~::,: .[),:j,.~":::.ih:: ,:i..t:'C~ r~:fc :/::~. irn;-;,;'J..'( .'~.;.? !!~L .-::r:-':....'.....;- ~:.:'if:_ r:\-k (1',(.'. Loc, .j""I~'d;un;."J1' 1-1;7/7,' ~...~.::r:h;.:':c.l.. (/,c LC"ifj i,.J..-:....~::...ilUl:. (.:" .L-:!..-:'~:-:::) RI~k ;\lITIC;.\"1 I()~ Recommended Preventattve Acttons: /!..dd ;,' h/..7e/dc":~'i.';~"'QdoL (:f.~."7..'" ;o'C-;I::11.'o: .:'~:;::- ,'~'~~':Jl.!.~::..~ b,,:: ::,,/:er; :,': 1"":-1~!...':-:..-':-::t ~'~':2 :'i.~:J: "'~W:;;;L Ci-;:iJ;c~;;!t:l}[.{ Recommended Contingent Actions: < Ar:.id:! bJ'ic.l,:/:"'j'~:':'l~i~';ti!;ii of,,::])' i;:..-'t/C:-:':' ~~!~i,; :~.~f:.-.':~/d ::-,:' ;~:/:.:.';:;,. _T::: {i:c ,,:<':..';;: ;:.:~;:. ~~!:.f..' ~'':s./: J?~!,.-:J..r::-::...'.~:!;, ~"J ~J1J:;/f:.::>::: ~~':.~- }'Jl-:':'-;;,'-C! 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"tj ~ 00" Q) j Q) u tl ~ 1 """' Nf<"i..,fLri ..0 BIDfTENDER FORM Submitted: ~UemhC( '/200 ~- 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 Doc ments. o Ooendvm no. 1 ad ef\olM (\0.2 o.OOe()Q!um no.j The Bidder shall acknowledge this bid by signing and completing the spaces provided below, Odober v. 2006 City 0/ Miami Beach Bid No: 11-06/07 57 0/69 Name of Bidder: 10wer pe11 Contio' 1'1\OOW 2.0 AVt{\VC f)O~ )4 HIOleah, F' 330\ \JJ 3 o~ ~113 ~<gg City/State/Zip: Telephone No,: Social Security No. or Federal I.D,No,: . to $-OlOl OOLlI Dun and Bradstreet No,: (if applicable) If a partnership, names and addresses of partners: (Sian below if not incorporated) 0A1V1lWUO 1ru . TUwtr PeH COf\\iOI (Type or Print Name of Bidder) ~J~rure) YrGf\OCrO J rvrr.,. (Type or Print Name Signed Above) WITNESSES: t1-~~ (Sian below if incorporated) JJ~ Bid No: 11-06107 58 of 68 Odober Xl. 2006 City of Miami Beech ATTEST: J~~. Secretary (CORPORATE SEAL) )O~e t'e~T ~()+ro I ~C-. (Type or Print Name of Corporation) ~ 1h- ~1{H1JI't(IOq.L- . (Signature and Title) J e (~I(Q }I\ fa (I(' . (Type or Print Name Signed Above) Incorporated under the laws of the State of: F lOr l d Q October 27, 2006 City of Miami Beach Bid No: 11-06107 59 of 69 SUPPLEMENT TO BIDffENDER 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: lOWer PeSt Address: 11 ~O W 10 City: 11' 0 \ eo h State: Tel. No.:c30r ) ~l' ~m CQt\tfO \ A ven \Jf B O'i~ r-l Zip Code: 3 3 0\ 'tJ FacsimileNo,:~ 2. Is your organization a: X Corporation Partnership Individual 3, Name of Contact Person in the Organization: Primary:JrO nO r co ,\ fO rrt'Telephone No.: ~or II C1UOLll Secondary: ~n\\(O tf\ TOfrf Telephone No,: 30~2\~qq~((), 4. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in Section 00405? LiCe~t'Cegrtification#lRegistration# J1:J 5 '07 10 # Years 5. **FOR CORPORATIONS ONL Y** Date Incorporated: ~ - \ . q to State where Incorporated: f \ 0 r I ct u If State of incorporation is other thaln Florida, provide date of Certificate of Authority to Perform Work in Florida: IV _ ~ , Firm shall include a current contractor's license affirming that the contractor is authorized to do business in the State of Florida. 6, **FOR PARTNERSHIPS ONL Y** October 27, 2006 City (/ Miami Beach Bid No: 11-06/07 60 (/ 69 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: Fro ()CHr 0 j \0 ({ ( Secretary: fn) le\ b0 tltl (f2 32((flW \lOLlSt tv\ lam' la\<e~ f-\ 330\VJ City State Zip Code ~l~(f)W HOlt ~+ tJ\IOri' , lotef~' 330\XJ City State Zip Code 5010 fHlJ 11 ~ ,UrOer \\ \0 \ to h f- \ '53 or f. City State Zip Code Vice President: J e s C \ COrn ro (f{ Treasurer: City State Zip Code Registered Agent in Florida: j e c ~ i C 0 ro ({ e Address: 11lD 0 W L 0 fuJL{\ \f( ~ City: \..h O\fO\) State: f-\ Zip Code: 33 (0 \ to 9. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: n\Q October 'Z7. 2006 City of Miami Beach Bid No: 11-06107 81 of 89 10. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. ,. ewer t loon $ \ ()-ttri Of S I () ( . 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. nlQ 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), nlQ 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, rI\Q 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. ())q October 27,2006 City of Miami Beach Bid No: 11-06107 62 of 69 18, 19, 20. 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. n\Q 17. You must provide the names of all individuals or entities (including your sub-contractors) with a controlling financial interest. The term "controlling financial interesr 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. ffOOC\SCO j lOC1f 1. S\I fi OntiC CO ro n t "1- 151- CO(tr\t() mH-fl 24"/, 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 Wild11'aS 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. What is the last project of this nature that you have completed? .I Ci~~ of ~~Ol'f'\\ l.\eOCn, ~~i\\ tOotfot\1v. 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 ~ency thereof? Yes ~'No 22, Are any indictments, debarments, disqualifications, or suspensions referenced on the previous page current? X Yes __ No October 27, 2006 City d Miami Beech Bid No: 11-06107 63 of 69 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. ()Iq X Yes X No 24, Is the Company a Qualified: Minority Business Enterprise: Women's Business Enterprise: Yes No 25. Submit your EEO program as a separate attachment. ~ -It t? c.-h, e:.oI 26, Financial Status: What is your Company's Bonding Capacity $ Value of Ongoing Contract $ Name of Surety: Address: nLa. 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? ~e\ 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. 1'\0 October 27, 2008 City d Miami Beach Bid No: 11-06/07 &4d69 29. What equipment do you own that is available for the work? ~mtfd C\ \i d 10 0\ d It trUCK, tOn$ et-(.. 30, What equipment will you purchase for the proposed work? O\- ~h\\ ~Of,,\ We haUl lll\ ()t lhf eQ1llPtneA\-. 31. What equipment will you rent for the proposed work? nOne . 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. l1Onc,\'~co ~T()(<f- Q\ecHc ~te 'Q,d (\l~~\Uf)m} undu nnnQ\J{}HfkOKOf$ ~CC"on 3.' 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. October 27, 2006 City of Miami Beach Bid No: 11-06107 65 of 69 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 Title: IF CORP~q.v- Signature JOWtf pec", COnkol Print Name of Corporation jfOc\li(IO jrorrf Print Name Title: pfl ~ l 0 U\ ~ 11 (D 0 Ld 20 Pt\Jlj \4 ~h 0 ire. ~JII Address JNES. Silt ~~ . .~ . ~C(,(O \'0 Nt Print Name Title: ~Cl ~ I dr.r \- . (CORPORATE SEAL) Attest: " I Secretary October 27, 2008 City 01 Miami Beach Bid No: 11-08107 680169 SUPPLEMENT TO BIDITENDER FORM NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this --L- day of ()eltrob~ ,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. 11-06/07. SIG~\L--- FfOnu' fr 0 ~ ro {rt'. PRINTED NAME --9<<- ~ \ &to\ . TITLE (IF CORPORATION) October 27, 2006 City 0/ Miami Beach Bid No: 11-06/07 67 0/ 69 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 (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 October 27,2006 City of Miami Beach Bid No: 11-06107 68 of 69 (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6), STATE OF r\Onn Q COUNTY OF tn\Ornl- ()QOf. Th~,oregoing instrum~nt was ack~ledged before me this ~ day of I\O~ ~q 20llJf..., by f1 0 ru no j fO 1 I l. as (name of person whose ]ignature is being notarized) _,P('(!\Otnt (title)oflO\U1f 0(0 COf\\{D_.. , (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. (B~~~ TOW{{ OC~1 cmrfoL (Print Vendor Name) NOTARY PUBLIC: ~}ct'-/ ~a\ Jeeeica M r~ . ~ . My Oaan'''.''<ion DD323I43 ".....-; E.llpir'e$ Ma)' .26, 2001 XL ~~t {fA fur{( . (Print Name) My commission expires: $-\-1001 October 27, 2006 City of Miami Beach Bid No: 11..(l6,107 69 of 69 SWORN STATEMENT UNDER SECTION 287.133(3Xa). ~DASTATUTEs.. ON PUBLIC E ITY 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 C i t ~ Of tn, 0 rI) j r3 (0 C h . [print name of public entity] bY. FrOnclJco J rorce, prc\\dC(\t [print Indlvlduars name and title] for rOUJt( pe n COrltfO J [print name of entity submitting sworn statement] whose business address Is lllDO W 1(] AVUlUe ~O\f'~ ~\O\(Oh, f\310Ll.P. and '(If applicable) its Federal Employer Identification Number (FEIN) Is \0 'j' 0 ~1 0 0Y.l.. (If the entity has no FEIN, include the Social Security Number of the Individual signing this ~orn sta~ment .) 2. I understand that a wpubllc entity crimew as defined In Paragraph 287.133(1Xg). FlorIdaI Statut8s, means a violation of any state or feder811aw 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 d any other state or of the United States and involving antitrust. fraud. theft. bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that -convlctedw or-convictlonw as defined In Paragraph 287.133(1Xb), florida Statutes, means a finding of guilt or a conviction of a public entity crime. with or without an adjudication of ~ in any federal or state trial court of record relating to charges brought by indictment or I ation after July 1, 1989, as a result of a jury verdict. nonjurytrial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate- as defined in Paragraph 287.133 (1Xa), FlorIdaI 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 wafflllate" 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 ann'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 Aortda during the prec;edIng 36 months shall be considered an affiliate. Addendum No. 3 rTB NO. 11-06(07 W.. 01'& cr.,",miUsd If) prutiding el(,:ellenl pub/it.~... or.:l safely b aU w1>o kllEl, WOl~, and play in CAlf ,ibfUl11, ~01)it:al. hl~l.vk. wmmv;,ily I understand that a -person- as defined In Paragraph 287 .133( 1 X e). Aorida Statutes means any natural person or entity organized under the laws d 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 tenn "person- includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active In management of an entity. Based on Information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [lndfClte which statement applies.] Y Neither the entity submitting this sworn statement. nor any officers, directors, o executJves. partners, sharehofders, 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 d 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 swam 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 d Administrative Hearings and the Final Order entered by the hearing Officer detennlned 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] " UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBUC 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, FLORll~STATUTESFORCATEGORYTWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN TH ~ fiN-<- ' . [signature] Sworn to and subscribed before me this Pe~ally knc?!!n OR Produced Identification 5) 6) 30 day of nOJtro 'ou , 2<Xl6 Notary Public. State of f-\ end a My commission expires 5.20 O?; , (Type of Identification) ~!V\\A1lO ' ~a\' ~ M.Jrorre \~; My Commiuion 00323543 or Po' ExpjrH M.y 215, 2008 (Printed typed or stamped Commissioned name of Notary Public) Addencbn No. 3 ITB NO. 11-0&107 W.. ~l'r. r.:Q",rnillEKl I,) p'ovf;,~illg e,.c../fenl pclb!l<: service eJOel)aktIy It) ail wil,) ilve, I'f"'~. <lfl<.t pby in our \1b/(Jii~. IWj.'lit:a( hi$bfit:: GOInmvl.io/ POLICY ON AFFIRMATIVE ACTION The Equal Employment Opportunity Program is governed by federal and state regulations, In 1996 Tower Pest Control adopted an Equal Opportunity/ Affirmative Action Policy that subscribes to those principles established by federal and state law. They include the following: · Title VII of the Civil Rights Act of 1964 forbids discrimination in all areas ofthe employer/employee relationship, from advertisements for help through termination or retirement on the basis of race, color, sex, religion or national origin. The 1972 amendment to this law extended coverage to employees of state and local governmental units. · Florida Civil Rights Act of 1992 (Sections 760.01-760,11 and 509.092, F.S.) mirrors the federal law but is expanded to include freedom from discrimination to all individuals on the basis of age, handicap or marital status, · Executive Order 11246 requires affIrmative action by those agencies who receive federal funds, Under this order, employers are instructed to conduct a utilization analysis and write an affIrmative action plan that includes goals and timetables for increased utilization of minorities and women in various job classes. · The Age Discrimination in Employment Act of 1967 makes it unlawful to discriminate against employees or job applicants on account of age when they are over 40. However, Florida law does not stipulate age. · The Americans with Disabilities Act of 1990 prohibits discrimination against qualified individuals with disabilities or excluding them from the services, programs or activities of public entities. Tower Pest Control prohibits discrimination against or harassment of any person employed by or seeking employment with our Company on the basis of race, color, national origin, religion, sex, physical or mental disability, medical condition (cancer-related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or status as a covered veteran (special disabled veteran, Vietnam-era veteran or any other veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized). Tower Pest Control's policy is intended to be consistent with the provisions of applicable State and Federal laws. Inquiries regarding the our affirmative action and equal opportunity policies may be directed to: Tower Pest Control 7760 West 20 Avenue, Bay 14 Hialeah, Florida 33016 I have carefully read this entire one (1) page document entitled, "Policy on Affirmative Action" and do hereby c . that the aforementioned is honest and factual. By: (Signature of Affiant) III 1/2006 (Date) SUBSCRIBED AND SWORN TO (or affIrmed) before me this 30th day of November 2006 by Francisco J Torre. President. He/She is oersonallv known to me or has presented as identification. (Type of Identification) Jv10cCO\ feu ' (Signature ofNo~) '" a\. JessiCa M Tone !~ My commlslion 00323643 (Print or Stamp o~ .. )ExpireS May 26. 2008 DD323543 (Serial Number) 5/26/08 (Expiration Date) Notary Public - Stamp State of FLORIDA (State) Notary Seal Equal Employment Opportunity Program Prepared By: Tower Pest Control 7760 West 20 Avenue Bay 14 Hialeah, Florida 33016 Phone: 305-821-3888 Fax: 305-698-6339 Attached Per SUPPLEMENT TO BID /1ENDER FORM Question 25 on Page 64 Tower Pest Control Inc is pleased to promote successful Equal Employment Opportunity practices in our business. We ensure equal opportunity for employment in our pest control business to all employees regardless of race, gender, ethnicity, sexual orientation, age, religion, marital status and status with regard to public assistance. Our Equal Employment Opportunity (EEO) Program requires our supervisors to actively recruit women and minority applicants for employment in accordance with federal and state laws. It also requires a workplace free from discrimination, harassment and violence, Our Equal employment opportunity programs requires fair treatment in employment, promotion, training, and other personnel actions without regard to race, color, religion, sex, age, national origin, and physical and/ or mental disability. EEO problems which often confront organizations do not result from overt bigotry or prejudice. Instead, they result from an all-too-human tendency to surround ourselves with people who look, think, and act as we do. Tower Pest Control wants to change that, starting from our small business, and spilling over into all of our contracts, and business relations, The success of our Equal Employment Opportunity (EEO) program depends considerably on the support and positive direction given by all of our employees. We all lead by example, and we must set the right kind of example in this critical area. The owners and managers at Tower Pest Control have an active commitment to the principles of equal opportunity in their fullest sense. With complete company support and participation, we have turned workforce diversity from a leadership challenge into one of our greatest strengths. In so doing, Tower Pest Control will earn recognition as both a great place to work and a place that does great work. OUR EEO GOALS t, Tower Pest Control will prohibit discrimin~tion based on race, color, religion, sex, and natioDaI origin discrimination per Title VII of the Civil Rights Act of t 964 (TItle VII). 2. Tower Pest Control will prohibit discrimination based on age, against individuals who are forty (40) years of age or older per the Age Discrimination in Employment Act of t 967 (ADEA). 3. Tower Pest Control will prohibit discrimination based on disabilities for qualified individuals per Title I of the Americans with Disabilities Act of 1990 (ADA). 4. Tower Pest Control will prohibit wage discrimination between men and women in substantially equal jobs per the Equal Pay Act of t 963 (EP A). 5. Tower Pest Control will apply these laws to all employees, including part-time and temporary workers, are counted for purposes of determining whether an employer has a sufficient number of employees. Our plan is a blueprint for improving the employment and advancement opportunities for women, minorities, and individuals with disabilities. Our plan is a working document, which will be expanded on an as needed basis be with the specific requirements set by the Equal Employment Opportunity Commission (EEOC) and supplemented by our own management's guidance. I-"":~-""~~\.. '<P"~t \~ l N ~".-"'.". . .... ,C_H' , -~: -s... "~." .....'..... ~". "-'...~ .. ~.........:......'.... -~ ~~,..,.;..,:.~ ~,... \S:" "'.;. ......~......,:.-...'..:.. ' ':.-'~'~" " I' ,.;. _; .,f' ~, ~. ~~.\.~' " J.~ '",' . '\ . .. ~.........'......'.1.. '.' ....~- ..< .., ' .,<'. ,: I" ',.> ~ -- ! ;~ ~'.". ,~ ~j' 1- ~)i \~~,~... \;;.);\. ..""'.4.'~,.;. 1:.. ~.. ~.......'..'.. ' ~:~ ~. ",.,. l~: ...... ~~..' ~~........\t'f;... .,~ ~. ~ .~ c C.- ~ r:I.l ~ J. - ~ fi , s.- Q,lQ l:)D. (9$ J. ; ~ ~= .... ~ ~~ ~ = 500 t:~ ~O ~ ~ Q <:oJ (9$J~ ~= ~O ..J Q . ~ a ~ ~ ~~ o G)tUN UJU - .cj ~ f<<~3 G)~'" +oa..!3 c: S 'tJ - .... = --=- 31: .s e ~B ....... .Pi.a c: !IS o t:Q rn co U ~~~ ....... 1: g. - en 0 Ii: ,... Q) .s .- a.. ~~~ L.. aSS04 ~ .1. ;> .!s o 'Co 0 I- !SCS ~ ..., (I) 0 b = OJ:: uS v (II fI) 0. .... 1: a e v Q.>' tJ ~ ;; g lot cU 08 ~ = .E =' J INVITATION FOR BIDS TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES BID # 11-06/07 BID OPENING: DECEMBER 1, 2006 AT 3:00 P.M. Gus Lopez, eppo, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miomi Beoch, FL 33139 www.miomibeochfl.gov F :\PURC\$ALL \John \Bids \06-07\ITB-11-06-07 PESTCONTROL.doc ,~..~.. ~;',~ ,M. './ ^ i'trAM.", .~. :.:i,'fBM'..-t"~.,' :,,:,a.- ,:'; .. '. .- .~........ . ~ I. "~( .1. f.. ' i.'-".;' . ':'.~. .'-. . . '.' .'" . ., .,. 1.', .". . .'. . .', ,....; ..... .. ..'~.' ," , '." : ~ e MIAMIBEACH City of MiClmi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miarnlbeachR.gov PROCUREMENT Division Tel: 305-673-7490, Fax: 305~73.7851 INVITATION TO BID (ITB) NO. 11-06/07 ADDENDUM NO.3 November 22, 2006 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES Is amended as follows: I. CHANGE: Deadline for receipt of Performance Evaluation Surveys from December 1, 2006, to December 15, 2006. II. ADD: All bidders shall complete the attached Public Entity Crimes Form and submit with their bid, or no later than five (5) calendar days upon request from the City's Procurement Division, in order to be considered responsive. Contractors are not required to acknowledge receipt of this Addendum (No.3) in order to be considered responsive. CITY OF MIAMI BEACH ~ Gus Lopez, CPPO Procurement Director je F:\PURC\$ALL\JOHN\BIDS\05-06\ITB-11-06-07PEST\ITB 11-06,07A3.doc \A/~) C1re r.:~Afirni';(;!d k) providing a\(~eHf:fd pt~b!i.'_~ ,SBNic8 (md St11e~1I k.l cdl Whi) ;:\Ie, vir):k, on..1 pfa}' in ()u[ ....ojblo;;i, ,lii)pi...~(J" hj-'l!Ofi(. (.-ommu;li~,1 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 [print name of public entity] by [print individual's name and title] for [print name of entity submitting sworn 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: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1 Xg), 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. 3. I understand that "convicted" or "conviction" as defined In Paragraph 287.133(1 Xb), 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, nonjurytrial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (1 Xa), Florida Statutes, means: 1) 2) A predecessor or successor of a person convicted of a public entity crime; or 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. Addendum No.3 ITB NO. 11-06107 V'/8 ';)(6; cr;uifniUsdlo providing e.x....~i?!fer~t pl}bJ;...~ ,SE:iNi( ~ (/(jd !il1fer..; ro oil who lille, v...,):k, ...lftd pio}' in (jut ,\,oibrujli.. t/r.l/.liCfJ!, h!.~k)r!(. c.(;!Y:m~);;Uy 5) I understand that a "person" as defined in Paragraph 287.133(1 Xe), Florida StaMes 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 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 IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FO.RM [signature] Sworn to and subscribed before me this Personally known OR Produced identification day of ,2006 Notary Public. State of (Type of Identification) My commission expires (Printed typed or stamped Commissioned name of Notary Public) Addendum No. 3 ITB NO. 11"()6107 V\-/~ ..If& cf;mrrdJfW fr) p(ovidii'fj &.x...'~!l&r:f pvbJic ,S9iVf(.e (J!l(i ~t.1le~..... '.) ,."dJ who jiVtJ, \A"."Jlk, .Jnd p!o}' itl OUt vfbfO;;r. !i()pi..:o/, hi:)!or!c: (.omll~};:jty e MIAMIBEACH City of Miami Beach, 1700 Convenrion Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov PROCUREMENT Division Tel: 305-673.7490, Fox: 305-673,7851 INVITATION TO BID (ITB) NO. 11-06/07 ADDENDUM NO.2 November 14, 2006 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES Is amended as follows: I. CLARIFY: Electronically submitted bids will NOT be accepted. All bids must be submitted as a "sealed bid" (to include an original with original signatures, and five copies) as specified in Section 1.1 (Sealed Bids) and Section 2.24 (Complete Information Required On Bid Form) ofthe Bid documents, in order to be considered responsive, All sealed bids must be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, no later than 3:00 p.m. on the 1st day of December, 2006. Contractors are not required to acknowledge receipt of this Addendum (No.2) in order to be considered responsive. CITY OF MIAMI BEACH t- Gus Lopez, cPPO Procurement Director je F:\PURC\$ALL\JOHN\BI DS\05-06\ITB-11-06-07PEsnITB 11-06-07 A2.doc We ore committed fo providing excellent public selVice and 50fery /0 01/ who live, work. and ploy in our vibranl, tropical. histonc commvniry ttl MIAMIBE:ACH ..... City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,mlamlbeachA,gov PROCUREMENT Division Tel: 305-673-7490, Fax: 305-673-7851 INVITATION TO BID (ITB) NO. 11-06/07 ADDENDUM NO.1 November 6, 2006 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES Is amended as follows: I. CHANGE: The Pre-Bid Conference will be held on November 16, 2006 at 10:30 a.m. at the City of Miami Beach City Hall. 4th Floor, Mayor'S Conference Room. Contractors are not required to acknowledge receipt of this Addendum (No.1) in order to be considered responsive. CITY OF MIAMI BEACH ~ Gus Lopez. CPPO Procurement Director je F:\PURC\$ALL\JOHN\BIDS\05-06\ITB 38-05-06\1TB 11-06-07A1.doc V'v/~ Of$ C()i11rr:it~J Ie) ,cuotidiii';) ex,....~!lcfrl pub!k-: ,seNic~ (Iud ~olety If..., oJ! ,.vho i!\,€, \-\;'o;k, (1('....1 play in OU! ",tibrup/,. t;/.lpr....fJ!. hr,>k)(k. (,OmllwilJ.ry CUMMI::>::>IUN III:M ::>UMMA1<Y Condensed Title: Request For Approval To Authorize The Administration To Enter Into Negotiations, Pursuant To Invitation To Bid No, 11-06/07, To Provide Pest Control And Fertilization Services, With The Best Value Bid Received From Tower Pest Control, And Should Negotiations Be Unsuccessful, Authorize Negotiations With Superior Landscaping & Lawn Services, Inc,; And Further Authorize The Mayor And City Clerk To Execute A Contract Uoon Successful Neaotiations, Ke Intended Outcome Su orted: Improve cleanliness of Miami Beach rights of way; ensure well-maintained infrastructure. Issue: Shall the Mayor and Commission approve the recommendation? Item Summarv/Recommendatlon: ITB No. 11-06107 was issued on October 27, 2006, with an opening date of December 1, 2006. A pre-bid conference to provide information to contractors submitting a bid was held on November 16, 2006, Bidnet issued bid notices to thirty-one (31) prospective bidders, and RFP Depot Issued bid notices to an additional (463) prospective bidders, which resulted in the receipt of the following two (2) bids: (1) Tower Pest Control (2) Superior Landscaping & Lawn Service The purpose of this bid is to establish a contract, with a qualified vendor for Pest Control and Fertilization Services in order to achieve the overall Quality Objective, which is to maintain the landscaping in the Cityof Miami Beach in a healthy, growing, safe, clean, and attractive condition throughout the year. The work shall include but not be limited to, the supply of staff, expertise and equipment to apply herbicldelinsecticidel fungicide as needed and various forms of fertHizer as scheduled. The City will supply all materials (pesticides and fertilizers) required to provide the contracted services as detaHed in the Scope of Work. On January 25,2007, the Technical Review Panel which consisted ofthe City's Parks and Recreation, Assistant Director and the two (2) Parks Superintendents, reviewed and evaluated the bids received. After completing their review and subsequent evaluation, theywted unanimously to recommend Tower Pest Control as the top-ranked Contractor, Approve the Recommendation, Advisory Board Recommendation: I nla Financial Information: Source of Funds: :::;;':~m: ... ... .............. '::::;.gqm,:;:::,;::::::n:;:::::;i::;'::;:.::;::::""I;l::;:::;: Parks & Recreation Professional $75,000,00 Services Account No. 011.0940.000312 Ir'f! ~B~' Financial Impact Summary: City Clerk's OffIce Legislative Tracking: I Gus Lopez SI n.Offs: ::::,.r;c... .~.:.:.:.:.:.:.:. :-:.:.;.:-:.:.;.. . KS_ JMG T:\AGEN A\2007\feb1407\Consent\ITB11-Q6-07PeatControl.summary.doc ce MIAMI BEACH 3 AGENDA ITEM ~ DATE ~-/I/-o7 ~ ~ MIAMI BEACH city of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl,gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager ~ February 14, 2007 0 0 REQUEST FOR APPROVAL TO AUTHORIZE THE ADMINISTRATION TO ENTER NEGOTIATIONS, PURSUANT TO INVITATION TO BID NO. 11-06/07, TO PROVIDE PEST CONTROL AND FERTIILIZATION SERVICES, WITH THE BEST VALUE BID RECEIVED FROM TOWER PEST CONTROL, AND SHOULD NEGOTIATIONS BE UNSUCCESSFUL, AUTHORIZE NEGOTIATIONS WITH THE SECOND BEST VALUE BID RECEIVED FROM SUPERIOR LANDSCAPING AND LAWN SERVICES, INC.; AND FURTHER AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT UPON SUCCESSFUL NEGOTIATIONS. TO: DATE: SUBJECT: ADMINISTRATION RECOMMENDATION Approve the Recommendation. FUNDING $75,000 Parks and Recreation Professional Services Account No, 011.0940.00312. (FY 06/07) ANALYSIS The purpose of this bid is to establish a contract, with a qualified vendor for Pest Control and Fertilization Services in order to achieve the overall Quality Objective, which is to maintain the landscaping in the City of Miami Beach in a healthy, growing, safe, clean, and attractive condition throughout the year. The work shall include but not be limited to, the supply of staff, expertise and equipment to apply herbicide/insecticide/ fungicide as needed and various forms of fertilizer as scheduled, The City will supply all materials (pesticides and fertilizers) required to provide the contracted services as detailed in the Scope of Work, Additional or decreased compensation may be authorized at the discretion of the Project Manager and Procurement Director, subject to City budgetary conditions, for Additional Work performed by the Contractor, The City reserves the right to add new services and/or develop and/or improve existing sites. New services to be added shall be evaluated by both the City and the contractor for the mutual determination of a fair unit cost, to be based upon similar services and/or similar services rendered at a similar site. Services deleted and later re-added shall be re-added at the original contract unit cost, plus any index adjustment. 4 ITS No, 11-06/07 was issued on October 27,2006, with an opening date of December 1, 2006, A pre-bid conference to provide information to contractors submitting a bid was held on November 16,2006. Bidnet issued bid notices to thirty-one (31) prospective bidders, and RFP Depot issued bid notices to an additional (463) prospective bidders, which resulted in the receipt of the following two (2) bids: (1) Tower Pest Control (2) Superior Landscaping & Lawn Service On January 25,2007, the Technical Review Panel which consisted of the City's Parks and Recreation, Assistant Director and the two (2) Parks Superintendents reviewed and evaluated the bids received, After completing their review and subsequent evaluation, they voted unanimously to recommend Tower Pest Control as the top-ranked Contractor. The following Evalution Criteria was utilized 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 (15 points). 3. Cost (25 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) Panel Member John Oldenburg Millie McFadden Domin 0 Macias & Lawn Service TOWER PEST CONTROL Job Classification Est. Hours Labor Rate Total/Annual (year) (per hour) Pest Control 60 Supervisor (1 Hour per week) x $182.89 $10,973.56 Pest Control 2080 Technician (40 hrslweek x 52 weeks) x $30.44 $63,315.20 ESTIMATED ANNUAL TOTAL: $74,288.76 5 SUPERIOR LANDSCAPING & LAWN SERVICES Job Classification Est. Hours Labor Rate Total/Annual (year) (per hour) Pest Control 60 Supervisor (1 Hour per week) x $62.00 $3,720.00 Pest Control 2080 Technician (40 hrslweek x 52 weeks) x $50.00 $104,000,00 ESTIMATED ANNUAL TOTAL: $107.720.00 Tower Pest Control Tower Pest Control has been providing these same services to the City of Miami Beach for the past four (4) years, in an outstanding manner. Tower Pest Control was incorporated in the State of Florida in 1996. The president and owner Francisco Torre will be the Project Manager for this contract, just as he has been the last four (4) years, RISK ASSESSMENT PLANS (RAP) The Director of Parks and Recreation or designated representative reserves the right to negotiate the Risk Assessment Plans (RAP) submitted by both Tower Pest Control and Superior Landscaping & Lawn Service, and'include them into the successfully negotiated contract. TERM OF CONTRACT This contract shall commence the day specified in the contract as a result of negotiations, and remain in effect for a period of two (2) years, The City of Miami Beach has the option to renew the contract at its sole discretion for an additional two (2) year period on a year-to-year basis, Renewal of the contract is a City of Miami Beach prerogative, not a right of the contractor, Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach, In the event that the contract is held over beyond the term herein provided it shall only be on a month-to-month basis and shall not constitute an implied renewal of the contract, Said month-to-month extension shall be upon the same terms of the contract and at the compensation and payment provided herein. and shall not exceed six (6) months. Option to Renew I Adiustment to Contract Amount: In the event the City of Miami Beach exercises its option to renew beyond the initial two (2) year contract, the contract prices and any other terms the City may choose to negotiate, will be reconsidered for adjustment prior to renewal due to increases or decreases in labor costs; but in no event will the prices be increased or decreased by a percentage greater than the percentage change reflected in the Consumer Price Index - All Urban Areas (CPI-U) as published by the U,S, Department of Labor. The City of Miami Beach reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for bids, whichever is in the best interest of the City, 6 DISASTER RESPONSE The Contractor shall maintain, on a twenty-four (24) hour on-call basis, by pager, two way radio, or cellular telephone, a staff sufficient to address emergency contingencies (Le" hurricanes, tornados, floods, etc.) which may arise from time to time, The Contractor will respond with immediate action to emergencies that adversely affect the City of Miami Beach, so that the situation is corrected at the earliest possible moment. The Contractor shall be compensated for use of personnel and equipment based upon the indicated classifications in the bid tabulation, UNIFORMS The Contractor will provide, at Contractor's expense, color coordinated uniforms for all personnel. Such uniforms shall meet Owners' public image requirements and be maintained by Contractor so that all personnel are neat, clean and professional in appearance at all times, Non-uniform clothing will not be permitted, including for new employees. SAFETY Contractor will perform all work outlined in the Contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation, to safely maintain equipment, machines, and materials, and to remedy hazards consequential or related to the work, The Contractor further agrees to accept the sole responsibility for compliance with all local, County, State or other legal requirements including but not limited to: (1) full compliance with the terms of applicable O. S, H.A. Safety Orders, (2) requirements of the Florida Department of Transportation Manual of Traffic Controls and Safe Practices For Street and Hiahwav Construction. Maintenance and Utility Operations, at all times so as to protect all persons including Contractor's employees, agents of the City, vendors, and members of the public or other firms from injury or damage to their property. All pesticide/fertilizer applications must be made in strict accordance to the label. Deficiency Notices and Liquidated Damages If the City of Miami Beach Project Manager determines that there are deficiencies in the performance of the contract, the Project Manager will notify the City of Miami Beach Procurement Director in writing of the deficiencies and the Procurement Director will subsequently issue a Notice to the Contractor to correct the deficiencies within seven (7) days of notification. The parties agree that the Contractor shall be liable to the City of Miami Beach for liquidated damages (not a penalty) in the amount of two hundred dollars ($200.0Q) per day, for each day exceeding the above noted time frame per deficiency that the Contractor fails to correct deficiencies of the Notice, City of Miami Beach Right to Correct Deficiencies Additionally, and notwithstanding the above provision, the City has the right to move on site with City forces or private Contractors to correct deficiencies seven (7) days after notification in writing, by the City of Miami Beach Parks and Recreation Department Director, or his designee. If, in the sole discretion or judgment of the Project Manager, and Procurement Director, the Contractor and/or his empJoyee(s} are not properly performing the services required under the Contract, then the Contractor and/or all employees may be temporarily replaced by City personnel and payment to be made by the City may be suspended while the matter is being investigated. Total costs incurred by completion of the work by the City will be deducted and forfeited from the payments to the Contractor from the City, 7 This shall not be construed as a penalty, but as an adjustment of payment to Contractor for only the work actually performed, and the recovering of City costs from the failure of the Contractor to complete or comply with the provision of the Contract. ADDITIONAL WORK The Project Manager may, at their discretion authorize the Contractor to perform additional work, including, Pest Control and/or Fertilization Services when the need for such work arises out of extraordinary incidents such as vandalism, acts of God, and third party negligence, or for any additional basic pet control needed. Any work not provided for elsewhere in the Contract and authorized by the Project Manager and performed by the Contractor shall be considered as additional work and shall be paid as specified on the Bid Proposal. Prior to performing any additional work, the contractor shall prepare and submit a written description of the work with a cost estimate which conforms to the unit pricing found in the. Bid Proposal to the Project Manager. No work shall commence without the written authorization from the Project Manager. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Project Manager may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within 24 hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Project Manager for the required approval. CONCLUSION Request approval to authorize the Administration to enter into negotiations, pursuant to Invitation to Bid (ITB) No. 11-06/07, for Pest Control and Fertilization Services, with the Best Value Bid received from Tower Pest Control; and should negotiations be unsuccessful, authorize negotiations with Superior Landscaping & Lawn Service; and further authorize the Mayor and City Clerk to execute a contract upon completion of successful negotiations. T:\AGENDA\2007\feb1407\Consent\ITB11-06-07PestControIMemo,doc 8 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673,7851 Bid No. 11-06/07 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES 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 producUservice. 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 this 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 our vendors list. October 27.2006 City of Miami Beach Bid No: 11-06/07 2 of 69 11,._-(, ,-"...:,. ,-.: -'_.,'M::-:.:,.-"_ r .. 'J ,MJ~, :,i;,'/IBCH,' . :~- :~ 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 PUBLIC NOTICE Invitation to Bid No. 11-06/07 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 1st day of December, 2006: TO PROVIDE PEST CONTROL AND FERTIUZA TION SERVICES 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 Pest Control Operations, and Fertilizer Application Services at locations within the City of Miami Beach as specified in the bid documents. A Pre-Bid Conference will be held on November 16, 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 Bid Net 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.govbids.com/scriots/southflorida/oublic/home1.aso. 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. 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. October 27, 2006 City of Miami Beach Bid No: 11-06/07 3 of 69 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. aov/newcitv /depts/pu rchase/bidintro. asp October 27, 2006 City of Miami Beach Bid No: 11-06/07 4 of 69 r...."'.:', ~~~t~~t~~J'.'::B":~~;~:,~'tJ~ " ~.' ~~yt~~lMf.;~'l. ..~.~~n~. . .',' : ~ City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfLgov PROCUREMENT DIVISION Tel: 305.673.7490, Fax: 305.673-7851 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. October 27, 2006 City of Miami Beach Bid No: 11-06/07 50f69 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 Interpretations: 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, October 27.2006 City of Miami Beach Bid No: 11-06/07 6 of 69 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES BID # 11-06/07 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. October 27, 2006 City of Miami Beach Bid No: 11-06/07 7 of 69 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. 1.1 0 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, October 27, 2006 City of Miami Beach Bid No: 11-06/07 8 of 69 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 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. October 27, 2006 City of Miami Beach Bid No: 11-06/07 9 of 69 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: 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 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, October 27,2006 City of Miami Beach Bid No: 11-06/07 10 of 69 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. 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. October 27, 2006 City of Miami Beach Bid No: 11-06/07 11 of 69 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 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. Whether the bidder can perform the Contract within the time specified, without delay or interference. b. October 27.2006 City of Miami Beach Bid No: 11-06/07 12 of 69 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, i.e. Federal, State or local contracts. 1.43 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.44 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.45 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period, The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period, The City for purposes of determining the low bidder meeting specifications may use said estimates, 1.46 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or proposal for any contract, such bids or proposals shall be presumed to be collusive, October 27,2006 City of Miami Beach Bid No: 11-06/07 13 of 69 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. 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 October 27, 2006 City 01 Miami Beach Bid No: 11-06/07 140169 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. 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 TERMINATION 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, October 27, 2006 City of Miami Beach Bid No: 11-06/07 15 of 69 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. 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 October 27, 2006 City of Miami Beach Bid No: 11-06/07 16 of 69 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. 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. October 27,2006 City of Miami Beach Bid No: 11-06/07 17 of 69 Insurance Reauirements: 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. ~b~ a limit of ___ __) 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, rehensive General Liabili to include pollution, with minimum limits of. 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. [ 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, October 27, 2006 Bid No: 11-06/07 City of Miami Beach 16 of 69 [ 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 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. October 27,2006 City of Miami Beach Bid No: 11-06/07 19 of 69 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 October 27, 2006 City of Miami Beach Bid No: 11-06/07 20 of 69 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES BID # 11-06/07 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 Pest Control and Fertilization Services as specified herein, that will provide prompt and efficient service on a continuous as needed basis. 2.2 TERM OF CONTRACT: This contract shall commence the day specified in the contract as a result of negotiations, and remain in effect for a period of two (2) years. The City of Miami Beach has the option to renew the contract at its sole discretion for an additional two (2) year period on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative, not a right of the contractor. Such option will be ex'ercised, if at all, only when it is in the best interest of the City of Miami Beach, In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six (6) months. Option to Renew I Adiustment to Contract Amount: In the event the City of Miami Beach exercises its option to renew beyond the initial two (2) year contract, the contract prices and any other terms the City may choose to negotiate, will be reconsidered for adjustment prior to renewal due to increases or decreases in labor costs; but in no event will the prices be increased or decreased by a percentage greater than the percentage change reflected in the Consumer Price Index - All Urban Areas (CPI-U) as published by the U.S. Department of Labor. The City of Miami Beach reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for bids, whichever is in the best interest of the City. 2.3 METHOD OF AWARD 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 pest control and fertilization seNices, 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 (15 points). 3. Cost (25 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 SUNeys (10 points) October 27. 2006 City of Miami Beach Bid No: 11-06/07 21 of 69 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 pest control and fertilization services 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 there bid price on the Bid Form on Page 53. c) Client Survey: Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 56 and 57, and request that your client submit the completed survey to the contact person listed on pages 30 and 56. 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, 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). Explanation of how the risks will be avoided/minimize. Propose any options that could increase the value of this project. (2) (3) October 27, 2006 City of Miami Beach Bid No: 11-06/07 22 of 69 (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. 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 December 1, 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. October 27,2006 City of Miami Beach Bid No: 11-06/07 23 of 69 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 ($), time, and client expectation and performance). The RA plan is used to: 1. Assist the client in prioritizing firms based on their ability to understand the risk of a project. 2. Provide high performing vendors the opportunity to differentiate themselves due to their experience ad expertise. 3. Giving the competitive edge to experienced companies who have done the type of work before, who can see the job from beginning to end, and who know how to minimize the risk. 4, Provide a mechanism for the high performers to regulate the low performers by ensuring that if they are not selected, the selected company will minimize the risk and provide the client with a comparable performance, Vendors should keep in mind that RA plan is only one step in the selection process, If all the RA plans are the same, the RA plan will have little impact in the selection (other factors, such as past performance and interview will dictate the selection). The RA plan will become part of the contract. RA Plan Format The format for the RA plan is attached. The RA Plan should clearly address the following items in a non-technical manner. 1, List and prioritize major risk items or decisions to be made that are unique to this project. This includes items that may cause the project to not be completed on time, not finished within budget, generate and change orders, or may be a source of dissatisfaction for the owner. Attach a cost ($), 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 namesl!I-ln 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. Oraanization - Outline format. The attached is only a sample, October 27. 2006 City of Miami Beach Bid No: 11-06/07 24 of 69 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 "5'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. October 27. 2006 City of Miami Beach Bid No: 11-06/07 25 of 69 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 ($) Solution: Risk 5: Impact: Cost ($) Solution: Risk 6: Impact: Cost ($) Solution: Risk 7: Impact: Cost ($) Solution: Risk 8: 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) October 27, 2006 City of Miami Beach Bid No: 11-06/07 26 of 69 Value Added Options or Differentials (what YOU 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 ($) Item 2: 1m pact: Cost ($) Item 3: Impact: Cost ($) Item 4: Impact: Cost ($) Item 5: Impact: Cost ($) Schedule (Days) Schedule (Days) Schedule (Days) Schedule (Days) Schedule (Days) Schedule (maximum six milestones) Milestones (start, finish, no of workdays) Total number of workdays October 27, 2006 City of Miami Beach Bid No: 11-06/07 27 of 69 2.4 CERTIFICATION, INVOICES AND PAYMENT: 2.4.1 Certification Contractors shall complete a "Certification Report Form", on their company letterhead and submit one signed copy with the monthly invoice to the Project Manager. 2.4.2 Invoices: Contractors shall submit two (2) copies of all invoices to the Recreation, Culture & Parks Department, Parks/ Landscape Maintenance Division, 2100 Meridian Avenue, Miami Beach, Florida, 33139. 2.4,3 Payment: The City agrees to pay to Contractor for the maintenance services described herein the following compensation during the term of the Contract: 2.4.3.1 Payment (a) Contractor supplies all expertise, superviSion, labor, equipment, transportation, and support services necessary for lawn and ornamental pest control for the City of Miami Beach (b) The bid price is stated as "per hour" amount. This per hour amount shall include any and all required supervision and/or support services, Applicator will work approximately 40 hours per week, weather permitting, An agreed to hourly rate (Overtime) shall be paid for any hours worked, exceeding 40 hours per week or work performed on weekends or holidays. Overtime will be paid only with prior approval of Project Manager. Each complete monthly service cycle must be invoiced separately on an hourly basis for services rendered during said month and City will pay to Contractor each month the "per hour" payment amount. (c) The compensation to be paid by City shall be rendered in monthly payments for work performed per bid item. Payment shall be made within thirty (30) days upon receiving invoices, in duplicate, providing that all work performed during the preceding month has been inspected and accepted by the Project Manager and that all applicable certifications and reports have been submitted in accordance with the provisions of the Contract. The Contractor shall look for payment exclusively from the funds of the City for which these services have been provided. (d) If the Project Manager determines that the labor for work resulting from vandalism, acts of God, or third party negligence can be performed by Contractor's present work force, the Project Manager may modify the Landscape Maintenance Schedule and substitute the emergency work for regularly scheduled work, October 27. 2006 City of Miami Beach Bid No: 11-06/07 28 of 69 2.4.3.2 Payments Withheld: If, in the sole judgment of the Project Manager, the level of maintenance is less than that specified herein, at his option, in addition to or in lieu of other remedies provided herein, may withhold payment from the Contractor for work not performed, until services are rendered in accordance with specifications and providing no other arrangements have been made between the Contractor and the Project Manager, Notice of withholding must be in writing to the attention of the Procurement Director. 2.4,3,3 Additional or Decreased Compensation: A. Additional or decreased compensation may be authorized at the discretion of the Procurement Director, subject to City budgetary conditions, for Additional Work performed by the Contractor. B. Price Adiustment For The Deletion of Site(s): The City reserves the right to temporary or permanently delete services at existing sites. Should it be necessary for the Project Manager to eliminate any services, it is understood that the corresponding per hour rate charged by the Contractor for services will also be deleted from subsequent invoices sent to the Department. C. Price Adiustments For The Addition of Sites: The City reserves the right to add new services to the respective contract(s). New services to be added shall be evaluated by both the City and the contractor for the mutual termination of a fair unit cost, to be based upon similar services and/or similar services rendered at a similar site. Services deleted and later re-added shall be re-added at the original contract unit cost, plus any index adjustment. 2.4.3.3.1.1 Development of and/or Improvement to Existing Sites The City reserves the right to develop and/or improve existing sites specified herein. Additional services required shall be evaluated by both the City and the contractor for the mutual determination of a fair unit cost, to be based upon similar service rendered at a similar site, Invoices for payment shall be submitted on a monthly basis for the duration of the contract. Invoices will be subject to verification and approval by the Department's designated representative. 2.5 NOT USED: 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 November 14, 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, October 27, 2006 City of Miami Beach Bid No: 11-06/07 29 of 69 2.8 VENDOR APPLICATION The City of Miami Beach has contracted with Bid Net 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. 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@miamibeachfl.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 LIQUIDATED DAMAGES: See Section 6.4.0 2.13 PERCENTAGE ABOVE VENDOR COST/ DISCOUNTS N/A: 2.14 ESTIMATED QUANTITIES: Quantities stated are for bidders' guidance only and no guarantee is given or implied as to quantities that will be used during the contract period, Estimated quantities are based upon previous needs and estimated usage for a one (1) year period, Said estimated quantities may be used by the City for the purpose of evaluating the low bidder meeting specifications. 2.15 HOURLY RATE: Hourly labor rates are specified as follows: Hourly Labor Rate I - hourly rate for straight time, Le, from 7:00 a.m. to 4:00 p,m, Monday - Friday (rate is to include supervision, support services, labor and travel), Hourly Labor Rate II - hourly rate for overtime, Le. before 7:00 a.m, or after 4:00 p.m" or on weekends or holidays (rate to include supervision, support services, labor and travel) October 27, 2006 City of Miami Beach Bid No: 11-06/07 30 of 69 2.16 GUARANTEE: The successful bidder will be required to guarantee all work performed, The Guarantee shall be described in detail on the attached Bid Form, 2.17 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. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 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 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 three (3) years, 2.22 NOT USED 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 October 27. 2006 City of Miami Beach Bid No: 11-06/07 31 of 69 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, END OF SECTION October 27, 2006 City of Miami Beach Bid No: 11-06/07 32 of 69 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES BID # 11-06/07 3.0 GENERAL REQUIREMENTS 3.1 SCOPE OF WORK 3.1.1 The work specified in this section consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, services and incidentals necessary to provide general landscape area pest control and fertilization services as specified herein. 3.1,2 The work shall include but not be limited to, the supply of staff, expertise and equipment to apply herbicide/insecticide/ fungicide as needed and various forms of fertilizer as scheduled. The City will supply all materials (pesticides and fertilizers) required to provide the contracted services as detailed in the following sections 3.1,3 The work shall include Traffic Control as described herein. 3,1.4 The scope of the work is located throughout the City of Miami Beach. The locations will be given to the successful bidder, prior to the issuance of the Notice to Proceed, by the City of Miami Beach Parks Director, or designated representative. 3.2 QUALIFICATIONS (BIDDER SHALL SUBMIT SATISFACTORY EVIDENCE WITH THEIR BID THAT THEY MEET THE FOLLOWING MINIMUM REQUIREMENTS) Parties deemed to be qualified to service this contract shall be judged on their past performance and present ability to provide all labor, materials, and equipment to successfully fulfill the provisions of this contract. 3,2.1 Company Qualification: 3.2.2 Company shall have been in continuous service and incorporated in the State of Florida for a minimum of four (4) years. 3,2.3 (Not Used) 3.2.4 Company must be fully licensed with all required State and/or Local government licenses, and permits (pest control, services, etc,). 3,2.5 Provide a Certified Pesticide Operator through the State of Florida, Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control Services and employed on a full time basis, who will act as the Project Supervisor. 3.2.6 (Not Used) 3,2.7 Company must be a drug and alcohol free workplace. 3.2.8 Personnel Requirements, Management. N/A October 27, 2006 City of Miami Beach Bid No: 11-06/07 33 of 69 3.2.9 Provide a minimum of one (1) full time Project Supervisor as specified in Para.3.3.1, to manage all facets of the landscape and turf pest management for the contractor. 3,2.10 Managers must have excellent communication skills and be capable of directing all contracted and additional services and coordinating these with the designated City of Miami Beach staff. 3.2.11 Managers shall constantly use their experience and training to prevent, detect and control adverse conditions by physically inspecting the landscape and properly guiding the preventative pest management program. 3,2.12 Technical Services: A, To provide an adequate number of personnel specifically trained, experienced and licensed in the proper application of fertilizer and pest management practices. B. Provide a Certified Pesticide Operator through the State of Florida, Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control Services, C, (Not Used) 3.3 CONTRACTOR'S RESPONSIBILITIES 3.3.1 Proiect Supervisor The Contractor shall maintain a Project Supervisor at all times during the hours of operation, and such supervisor shall be able to be communicated with by pager, two way radio or cellular telephone, The Supervisor must have excellent communication skills and be capable of directing all regular pest control operations and additional services and coordinate this work with the designated City staff. The Supervisor shall constantly use their experience and training to prevent, detect and control adverse conditions by physically inspecting the landscape and properly guiding the maintenance program. 3.3,2 Qualifications The Contractor must submit the qualifications of the Project Supervisor at the time of the Bid submittal to include resume, description of experience with references and contact numbers, 3.4 CONTRACTOR'S PERSONNEL Contractor shall employ personnel competent and licensed as required to perform the work specified herein, Contractor's employees shall be United States citizens or in possession of appropriate documentation permitting the employees to work in Dade County, The City reserves the right to request the removal of the Contractors employees from performing maintenance on the City's grounds where the employee's performance or actions are obviously detrimental to the program. Standards for Contractor's employees include the following: October 27, 2006 City of Miami Beach Bid No: 11-06107 34 of 69 3.5 DISASTER RESPONSE The Contractor shall maintain, on a twenty-four (24) hour on-call basis, by pager, two way radio, or cellular telephone, a staff sufficient to address emergency contingencies (Le., hurricanes, tornados, floods, etc,) which may arise from time to time, The Contractor will respond with immediate action to emergencies that adversely affect the City of Miami Beach, so that the situation is corrected at the earliest possible moment. The Contractor shall be compensated for use of personnel and equipment based upon the indicated classifications in the bid tabulation. 3.6 UNIFORMS The Contractor will provide, at Contractor's expense, color coordinated uniforms for all personnel. Such uniforms shall meet Owners' public image requirements and be maintained by Contractor so that all personnel are neat, clean and professional in appearance at all times, Non-uniform clothing will not be permitted, including for new employees. 3.7 CONDUCT Conduct standards for Contractor's employees should meet or exceed those required for City employees, The following are some guidelines: * Drugs and alcohol, or their use, is not permitted on City property nor are personnel allowed on property while under the influence of such substances. * Firearms or other weapons are strictly forbidden. * Fighting or loud, disruptive behavior is not permitted. All personnel will be subject to applicable City safety and security rules and procedures pertaining to conduct, vehicle use, property access, etc, 3.8 SAFETY 3,8,1 Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation, to safely maintain equipment, machines, and materials, and to remedy hazards consequential or related to the work. The Contractor further agrees to accept the sole responsibility for compliance with all local, County, State or other legal requirements including but not limited to: (1) full compliance with the terms of applicable O.S,H,A. Safety Orders, (2) requirements of the Florida Department of Transportation Manual of Traffic Controls and Safe Practices For Street and HiQhwav Construction. Maintenance and Utility Operations, at all times so as to protect all persons including Contractor's employees, agents of the City, vendors, and members of the public or other firms from injury or damage to their property, All pesticide/fertilizer applications must be made in strict accordance to the label. 3,8.2 The City, through its Project Manager, reserves the right to issue immediate restraint or cease and desist order to Contractors when unsafe or harmful acts are observed or reported relative to the performance of the work under the Contract. 3.8,3 During normal working hours, Contractor shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the site, including a prompt report thereof to the Project Manager. October 27. 2006 City of Miami Beach Bid No: 11-06/07 35 of 69 3.8.4 In performing the scope of work, all safety on or off the job site shall be the sole responsibility of the Contractor. The City shall not be responsible for safety on or off the job site, The City's on-site observations or inspections shall be only for the purpose of verifying that the maintenance Specifications are being implemented properly, The City's on-site observations or inspections are not for safety on or off the job site for the Contractor's employees or the public. 3,8.5 Traffic Safety Control - The Contractor shall at his cost, observe all safety regulation; including placing and display of safety devices, provisions of police to control traffic, etc, as may be necessary in order to conduct the public through the project area in accordance with F,D,O.T.'s "Manual on Traffic Controls and Safe Practices for Street Highway Construction, Maintenance and Utility Operations." 3.9 CONTRACTOR'S VEHICLES Contractor's vehicles shall be in good repair, free from leaking fluids, properly registered, of uniform color and shall bear the company name on each side in not less than 3-1/2" letters unless otherwise prescribed by law or ordinance, 3.10 CONTRACTOR'S EQUIPMENT All equipment shall be maintained in an efficient and safe operating condition while performing work under the contract. Equipment shall have proper safety devices maintained at all times while in use, If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City may direct the Contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the City. The Contractor shall be responsible and liable for injury to persons caused by the operation of the equipment. 3.11 CONTRACTOR'S DAMAGES Any damages to the road, facilities, sewers, utilities, irrigation system, plant material or vegetation caused by the Contractor shall be repaired at the expense of the Contractor to the satisfaction of the City. Failure to restore said damages within three (3) working days following notification shall result in a deduction from the next invoice of the City's expenses incurred by the City for labor, material or equipment to restore the property to its original condition. 3.12 INDEPENDENT CONTRACTOR Contractor shall act under the Contract as an independent Contractor vis-a-vis City of Miami Beach and will not be an agent or employee of the City. Contractor shall not represent or otherwise hold out itself or any of its subcontractors, directors, officers, partners, employees, or agents to be an agent or employee of the City, 3.13 PERMITS, LICENSES, CERTIFICATES Contractors shall obtain, at their expense, valid permits, licenses and certificates (City, County, State, Federal) as required for work under the Contract. 3,13,1 Contractors shall give all notices and pay fees and taxes required by law in performance of the Contract. 3,13,2 Compliance with Miami Beach Parks & Recreation Department and the State of Florida Department of Transportation Rules and Reaulations: Contractors shall comply and abide by all rules and regulations of the above-referenced departments as they may be applicable to performance of the Contract. October 27, 2006 City of Miami Beach Bid No: 11-06/07 36 of 69 3.13.3 Advertising and Signs: Contractors shall not advertise or place signs on the site, facilities or equipment of the City of Miami Beach except as may be required to notify the public of pesticide application, 3.14 SUB CONTRACTORS Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City. Contractors shall be as fully responsible to the City for the acts and omission of the subcontractors as for the acts and omissions of person(s) directly employed. 3.15 PROTECTION OF PROPERTY AND REPAIR OF DAMAGE 3.15,1 All portions of landscape structures, facilities, services, utilities, roads, and irrigation systems shall be protected against damage or interrupted service at all times by Contractor during the term of the Contract. Any damage to the property as a result of the performance of work by Contractor during the terms of the Contract shall be repaired or replaced in kind and in manner approved by the Project Manager. All work of this kind shall be made immediately after damage or alteration occurs, unless otherwise directed. 3,15.2 (Not Used) 3.15.3 (Not Used) 3.15.4 Contractor shall notify the City Project Manager within twenty-four (24) hours after discovery of any damage caused by accident, vandalism, thefts, acts of God, or undetermined causes. 3.16 RECORDS All documents, books and accounting records shall be open for inspection at any reasonable time during the term of the Contract and for three (3) years audit of the books and business conducted by Contractor and observe the operation of the business so that accuracy of the above records can be confirmed. All employment records shall be open for inspection and re-inspection by the City, at any reasonable time during the term of the Contract. 3.17 TRANSPORTATION Contractors are to supply all transportation of employees, supplies and equipment. 3.18 STORAGE Contractors are to provide for all storage at off-site locations delivering to site only sufficient equipment and materials to complete daily tasks, Permission may be given by Project Manager for storage of materials or equipment on-site during special projects or conditions, City will provide for storage of pesticides and fertilizers to be applied as part of this contract. 3.19 WASTE DISPOSAL Contractors are responsible for removing and disposing from sites all waste handled in performance of the Contract. The City is not required to supply area or facilities for storage or removal of waste on-site, October 27, 2006 City of Miami Beach Bid No: 11-06/07 37 of 69 3.20 NON-INTERFERENCE Contractor shall not interfere with the public use of sites and shall conduct his operation so as to offer the least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed, END OF SECTION October 27, 2006 City of Miami Beach Bid No: 11-06/07 38 of 69 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES BID # 11-06/07 4.0 TECHNICAL SPECIFICATIONS 4.1 PURPOSE These specifications designate the manner in which basic maintenance tasks will be performed in order to achieve the overall Quality Objective, which is to maintain the landscaping in the City of Miami Beach in a healthy, growing, safe, clean, and attractive condition throughout the year. 4.2 STANDARDS AND REFERENCES The Contractor's Representative shall be well versed in Florida pest control operations and procedures and shall be competent and skilled in their particular job in order to insure that they properly perform the work assigned, The following organizations provide standards and publications, which may be used as a guide for conducting grounds maintenance and services, under the Contract: A. Florida Cooperative Extension Services, 18710 SW 288th Street, Homestead, Florida, 33030. B. Florida Turf-Grass Association, Inc., 302 Graham Avenue, Orlando, Florida, 32803- 6399, C, National Recreation and Park Association, 1601 N, Kent Street, Arlington, Virginia, 22209, D. Florida Recreation and Park Association, 1406 Hays Street, Suite 1, Tallahassee, Florida, 32301. E. Florida Department of Transportation, "Manual on Traffic Controls and Safe Practices for Street & Highway Construction, Maintenance and Utility Operations." 4.3 MATERIALS All pesticides and fertilizers supplied by the City and used by the Contractor shall be the best kind available and used in accordance with manufacturer's directions, Commercial products such as fertilizers and pesticides shall bear the manufacturer's label and guaranteed analysis. City inspectors may require tests and reject materials not meeting these specifications or manufacturer's guarantee. 4.3.1 (Not Used) 4.3.2 Size, Quality and Grade of Replacement (Not Used) 4.3.3 Water: If it is necessary to water or irrigate a site following an application the Contractor shall coordinate with the Project Manager in advance of said application, 4.3.4 Soil (Not Used) October 27, 2006 City of Miami Beach Bid No: 11-06/07 39 of 69 4.3.5 Fertilizer All fertilizer shall be commercial grade, and except for free flowing liquids, shall be delivered to the site and be dry when processed for application, Fertilizers shall be in appropriate containers and tagged. Special permission from the Project Manager is required to use bulk fertilizers. The Contractor shall submit copies of the manufacturer's specifications for all fertilizer including data substantiating that the proposed materials comply with specified requirements. 4.3.6 Pesticides - (insecticides, fungicides, herbicides, etc.): Insecticides & Fungicides shall be only those which are approved or recommended for use near open water bodies and those specified. Only the Federal Environmental Protection Agency (EPA) approved products shall be used, All pesticides are to be registered and approved for use by the Florida Department of Agriculture. Submit as needed a schedule of liquid and granular materials to be used in the control of pests and disease infestation, to include the reason for their use, and the method of application before it is delivered and used on the project. The need for pest and disease control will be determined by the Contractors Project Supervisor and approved by the City Project Manager. Also, if requested by the City, the Contractor will furnish documentation that the implementation of these control measures for pests and disease infestation is in strict compliance with all Federal, State, and Local Regulations. 4.3.7 Miscellaneous Materials (Not Used) 4.4 EQUIPMENT Equipment supplied by Contractor shall be designed for or suited to the pesticide/fertilizer task in which it is to be used. Equipment will not be used in areas or to perform tasks where damage will result to the landscapes or sites. Contractor shall maintain supplied equipment in a good appearance and all equipment shall be maintained in a safe, operational and clean condition. Upon specific request by the City, the Contractor will supply a current list of supplied equipment used by the Contractor, including item, model, manufacturer, year manufactured, and serial numbers, The Project Manager or his designee shall have the right to reject the use of any specific piece of supplied equipment on the site, by notification to Contractor. END OF SECTION October 27. 2006 City of Miami Beach Bid No: 11-06/07 40 of 69 TO PROVIDE PEST CONTROL AND FERTIUZA TION SERVICES BID # 11-06/07 5.0 GROUNDS MAINTENANCE FUNCTIONS AND TASKS 5.1.0 Turf Care (Not Used) 5.2.0 Pruning Shrubs and Ground Cover Plants Bed Area Maintenance ( Not Used) 5.3.0 Trees and Palm Pruning (Not Used) 5.4.0 Staking and Guying - and Tree Set-Up (Not Used) 5.5.0 Exotic Specie/Attachment removal ( Not Used) 5.6.0 Weed Control 5.6,1 All landscape areas within the specified area, shrub and ground cover beds, planters, and areas covered with gravel, or pavers shall be kept free of all weeds at all times, This means, complete removal of all weed growth shall be continuous. For the purpose of this specification, a weed will be considered as any undesirable or misplaced plant. Weeds shall be controlled by chemical methods. The Project Manager may restrict the use of chemical weed control in certain areas. 5,6,2 Weeds are to be removed from walkways, curbs, expansion joints, and along fence lines and- guardrails on a continuous program basis or as otherwise directed by the Project Manager. 5.6,3 (Not Used) 5.6.6 (Not Used) 5.7.0 Litter Control: N/A 5.7.1 Contractor Generated Trash: (Not Used) 5.7.2 Litter Removal: (Not Used) 5.7.0 Fertilization 5.7.1 The fertilizer used shall be a commercial grade product and recommended for use on each plant type. Specific requirements should be determined by plant type, soil type, and time of year. Applications shall proceed continuously once begun until all areas have been completed, In the event fertilizer is thrown on hard surfaces, it shall be removed immediately to prevent staining, The Contractor shall inform the Project Manager at least three (3) days in advance before beginning any fertilization program, 5,7.2 Turf A. St Augustine St. Augustine turf shall be fertilized four (4) times per year at a rate of 1 lb. of Nitrogen(N) per 1000 square feet of area or as otherwise directed by the Project Manager. October 27. 2006 Bid No: 11-06/07 City of Miami Beach 41 of 69 October 27. 2006 City of Miami Beach The N< P< K ratios may vary with the time of year of the application. The fertilizer material will be a complete, professional grade material containing minor elements with a minimum of 25% slow release nitrogen (N) and labeled for turf-grass use. The four required applications to turf- grass areas shall consist of three (3) fertilizer applications with a 5: 1 :2 N<P<K ratio, and one (1) fertilizer plus insecticide application with a 5: 1:2 N<P<K ratio, for the prevention/control of turf-grass pests such as chinch bugs or as otherwise directed, B. Bahia Bahia turf shall be fertilized three (3) times per year at a rate of 1 lb. of Nitrogen (N) per 1000 square feet of area, The N< P< K ratios may vary with the time of year of the application. The fertilizer material will be a complete, professional grade material containing minor elements with a minimum of 25% slow release nitrogen (N),and labeled for turf-grass use or as otherwise directed by Project Manager. 5,7.3 Groundcover, & Shrubs A. The fertilizer for all planted shrubs and groundcovers shall meet appropriate horticultural standards with an N, P, K ratio of 4: 1 :3, unless soil conditions or plant species dictate differently, with 25% - 50% slow release nitrogen or as otherwise directed by Project Manager. B. All shrubs and groundcovers shall be fertilized by broadcasting by hand over the beds three (3) times per year. Fertilizer should be applied Spring, Summer and Fall at labeled rates or as otherwise directed. C. The Contractor shall establish a program that will fertilize all shrubs and groundcover, describing the type of fertilizer required for each type of plant and the time of year this work will be undertaken, A copy for approval of the fertilization schedules shall be made available to the City no less than one (1) month prior to application, Any plants damaged by over-fertilization shall be replaced at the Contractors' expense, Changes in fertilization rates, methods and composition must be approved by the City in writing, 5.7.4 Fertilization Trees, & Palms A. The fertilizer for all the planted trees shall meet proper horticultural standards with an N, P, K ratio of 4: 1 :5, unless soil conditions or plant species dictate differently, with 25% - 50% slow release nitrogen. Trees /Palms shall be fertilized twice yearly: Spring and Fall, at labeled rates or as otherwise directed. B. The Contractor shall establish a program that will fertilize all trees and palms, describing the type of fertilizer required for each type of plant and the time of year this work will be undertaken. Bid No: 11-06/07 42 of 69 A copy for approval of the fertilization schedules shall be made available to the City no less than one (1) month prior to application. Any trees damaged by over-fertilization or by the use of wrong type of fertilizer shall be replaced at the Contractor's expense, Changes in fertilization rates, methods, and composition must be approved by the City Project Manager in writing, 5.8.0 General Use of Chemicals The Contractor shall submit a list of all chemical herbicides and pesticides proposed for use under this Contract for approval by the City Project Manager, including Material Safety Data Sheets MSDS) for each item, Materials included on this list shall be limited to chemicals approved by the State of Florida, Department of Agriculture and Consumer Services, and the Florida Department of Transportation, and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of and be performed under the direction of a Certified Pest Control Operator, with a Lawn & Ornamental license (Bureau of Entomology and Pest Control), No chemical herbicide or pesticide shall be applied until use is approved, in writing, by the Project Manager as appropriate for the purpose and area proposed. 5.8,1 Pest Control Vehicle shall be operated by Company's Certified Pest Control Operator or by trained/certified employee, and shall be properly identified with Company name, The Pest control vehicle should include the following items: Split tank (50-100 gal one tank! 100-200 gal second tank), mounted on truck, not on trailer. Pesticide spill kit Truck mounted 5-10 gal Igloo water cooler JD-9 spray gun with extension and Lesco turf-grass spray gun with varying GPM nozzles Hazardlwarning light on top of cab and/or lighted arrow board All pesticides/fertilizers stored in truck must be in approved containers to avoid leaks, spills, and unwanted odors 5,8,2 Certified Pest Control Operator (PCO) must have a valid PCO license from the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control Services, in the Lawn & Ornamentals (L&O) category, The pea will be responsible for the monitoring/inspection of assigned City landscape areas and for the pest control/fertilizer applications resulting from such monitoring/inspections. These designated areas will be kept pest free through preventative pesticide applications (where applicable) and through early detection of pest problems and their subsequent control. Nutritional deficiencies of turfgrass and ornamentals will be prevented by the timely application of liquid and granular fertilizer materials (soil and/or foliar applied). If nutritional or pest problems develop, they will be treated/managed at an early stage to avoid further decline of plant material. Plant material that declines and dies from the applicator's improper management or lack of, will be replaced at the cost of the Contractor. October 27, 2006 City of Miami Beach Bid No: 11-06/07 43 of 69 The following items apply to the Certified Applicator: Must apply pesticides with the PPE (personal protective equipment) as specified on the pesticide label Must use chemical resistant rubber gloves, as a minimum, when mixing and handling pesticides at the Parks Facility and City-wide landscape areas, Must maintain a daily log of all pesticide applications as specified by DACS, Chapter 487 Pest Control Law Must inform the City Project Manager on a daily basis in writing a summary of applications made that day; product(s) applied, application rate, and man- hours spent at each site. Must maintain a current daily inventory of fertilizer use Must inform City Project Manager of pesticide/fertilizer needs, These materials will be purchased on an as needed basis by the Greenspace Management Division of the Parks and Recreation Department. Must be able to operate Cushman mounted pendulum fertilizer spreader Will be directly supervised by City Project Manager 5.9.0 Disease and Pest Control To control or eradicate infestations by chewing or sucking insects, leaf miners, fire ants, and other pests and diseases, spray affected plants with chemical sprays and combinations of sprays suitable for that particular pest when the infestation or infection becomes evident and as often thereafter as necessary, Contractor shall be fully licensed to spray pesticide, Contractor shall use sound cultural practices that aid in preventing the presence or proliferation of insect and diseases, 5,9.1 Royal Palms: One (1) root drench application of Merit 75 WP insecticide (Imidacloprid), during the recommended application (December - February), to control/prevent infestations of Royal Palm red-eye bug (Xylastodoris luteolus), City Project Manager shall be advised before application, 5.9.2 Medjool, Zaheedi Date Palms: Apply a root drench two (2) times a year, of a Clearys #26019 and Subdue fungicides, per labeled instructions. The first application to be done in March and the second application in November. Additional applications are to be done on an as needed basis, City Project Manager shall be advised before applications. 5.10.0 Application of Herbicides Contractor may apply various herbicides by means of spray type devices to aid in the control of unwanted weeds and vegetation. All applications shall be performed by an applicator possessing a valid license from the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control Services, and shall be done in accordance with the product manufacturer's recommended rates and all applicable Federal, State, County and Municipal regulations. Herbicides may be used only with prior approval by the City Project Manager as to type location, and method of application, 5.10.1 The Contractor shall exercise extreme care so as not to over-spray and affect areas not intended for treatment. Areas adversely affected by such over spray shall be restored by the Contractor at the Contractor's expense. October 27, 2006 Bid No: 11-06/07 City of Miami Beach 44 of 69 5,10.2 The Contractor shall advise the Project Manager within (24-48) hours after disease, or insect infestation is found, He shall identify the disease or insect and recommend control measures to be taken, and, upon approval of the Project Manager, the Contractor shall implement the approved control measures, exercising extreme caution in application of all spray material, granules or other materials utilized, Approved control measures shall be continued until the disease, or insect is controlled to the satisfaction of the City Project Manager. 5,10,3 When a chemical is being applied, the applicator have in their possession all labeling associated with the chemical including the current Material Safety Data Sheet (MSD) sheets for that particular chemical. Also, the chemical shall be applied as indicated on the said labeling, A specimen label for each product shall be supplied to the City, 5.10.4 All insecticides shall be applied by an Operator licensed pursuant to Chapter 487 of the Florida Statutes. The operator shall have the license/certification in his or her possession when chemicals are being applied. The implementation of control measures for pests and disease infestations shall be in strict compliance with all federal and local regulations. Upon request, the Contractor shall furnish documentation of such compliance, 5.10.5 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 are strictly prohibited. 5.10.6 Spray material on foliage only during calm days, Do not apply when leaves are wet, when rain is expected within 3-4 hours after spraying, or when temperatures exceed 90 degrees Fahrenheit unless labeled directions allow. Spray at times when traffic is lightest (Le" early mornings), Use a spreader- sticker to aid in adherence and absorption of the material if necessary. Wash material off of pavements and buildings immediately after applying, 5.10,7 The Contractor shall utilize all safeguards necessary during disease or insect control operations to ensure safety to the public and the employees of the Contractor, 5.11.0 Verticutting, Aeration and Topdressing (Not used) 5.12.0 Turf Renovations (Not Used) 5.13.0 Irrigation System Maintenance and Watering (Not Used) 5.14.0 Watering (Not Used) 5.15.0 Irrigation System (Not Used) 5.16.0 Mulching Beds (Not Used) 5.17.0 Sand Removal/ Policing (Not Used) October 27, 2006 City of Miami Beach Bid No: 11-06/07 45 of 69 5,18.0 Skinned Areas (Not Used) 5.18.1 Daily on Non-Game Days: ( Not Used) 5.18.2 Daily on Game Days: (Not Used) 5.19.0 Frequency of Services Frequencies for the sites and services described herein are based upon normal circumstances, Individual, several and/or all services to a site or sites may be added at an agreed upon price, or deleted due to natural disaster, excessive rain, disease, drought, fire, vandalism, accident, insufficient funds and/or any other reason at the sole discretion of the PM, END OF SECTION October 27, 2006 City of Miami Beach Bid No: 11-06/07 46 of 69 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICES BID # 11-06/07 6.0 PERFORMANCE CONTROL AND INSPECTIONS 6,1.0 Maintenance Quality The quality objective of all services and materials provided by Contractors in accordance with conditions and specifications herein, is to maintain and service various listed sites, and to keep them in a healthy, growing, clean and attractive condition throughout the yea 6,2.0 Maintenance Standards, Frequencies, Work Method All work shall be performed in accordance with the highest professional maintenance standards and horticultural techniques. Frequencies set for certain repetitive maintenance functions and tasks in specifications may be increased, if necessary to achieve the Quality Objective. Standard and frequencies may be modified from time to time by the City of Miami Beach Assistant Director of Parks as necessary to assure proper maintenance to achieve the Quality Objective, All work shall be done in a thorough and workmanlike manner under competent Contractor supervision to the satisfaction of the City of Miami Beach Assistant Director of Parks/Project Manager. The Contractor shall have the exclusive duty, right, and privilege to perform Pest Control Services, as specified herein. 6.3,0 Inspections The Contractor's Representative shall perform maintenance inspections daily during daylight hours of all sites assigned for the day. Inspections by City of Miami Beach Parks Personnel shall provide continuing inspection of the sites to insure adequacy of maintenance and that methods of performing the work are in compliance with these specifications, Discrepancies and deficiencies in the work shall be brought to the attention of the Contractor's Representatives in writing, directly by the City of Miami Beach Project Manager, and shall be corrected by the Contractor immediately, 6.3,1 The City of Miami Beach Project Manager and the Contractors Representatives shall meet on-the sites once a month, or more frequently at the discretion of the Project Manager, for a walk-through inspection, The meeting shall be at the convenience of the City of Miami Beach. All on-going maintenance functions shall be completed prior to this meeting, Even if no meeting occurs all maintenance as detailed is to be performed, 6.4.0 Deficiency Notices and Liquidated Damages If the City of Miami Beach Project Manager determines that there are deficiencies in the performance of the contract, the Project Manager will notify the City of Miami Beach Procurement Director in writing of the deficiencies and the Procurement Director will subsequently issue a Notice to the Contractor to correct the deficiencies within seven (7) days of notification. October 27, 2006 Bid No: 11-06/07 City of Miami Beach 47 of 69 If both parties agree that actual damages would require more than seven (7) days to repair a time frame, in writing, will be determined by the City of Miami Beach Procurement Director for that deficiency. The parties agree that the Contractor shall be liable to the City of Miami Beach for liquidated damages (not a penalty) in the amount of two hundred dollars ($200.00) per day, for each day exceeding the above noted time frame per deficiency that the Contractor fails to correct deficiencies of the Notice. 6,5.0 City of Miami Beach Right to Correct Deficiencies Additionally, and notwithstanding the above provision, the City has the right to move on site with City forces or private Contractors to correct deficiencies seven (7) days after notification in writing, by the City of Miami Beach Parks and Recreation Department Director, or his designee, If, in the sole discretion or judgment of the Project Manager, and Procurement Director, the Contractor and/or his employee(s) are not properly performing the services required under the Contract, then the Contractor and/or all employees may be temporarily replaced by City personnel and payment to be made by the City may be suspended while the matter is being investigated. Total costs incurred by completion of the work by the City will be deducted and forfeited from the payments to the Contractor from the City. This section shall not be construed as a penalty, but as an adjustment of payment to Contractor for only the work actually performed, and the recovering of City costs from the failure of the Contractor to complete or comply with the provision of the Contract. 6.6.0 Quality Control - Performance Reports Completion of Work: Within 24 hours of completing work the Contractor shall notify the Parks and Recreation Supervisor assigned to monitor the contract by fax or email of said completion. This notification shall include listing of all sites serviced that day, products applied, rate of application, and man-hours worked at each site/each application, A form will be provided to the contractor for reporting the information required as described herein, It is acceptable to leave a phone message, however, to make certain the message is received, it is advisable to call between 7:00 a.m, - 8:00 a,m, or 3:00 p,m, - 4:00 p.m, Inspection and Approval - Upon receiving notification from the Contractor, the City shall inspect the serviced location the following business day, If, upon inspection, the work specified has not been completed, the City shall contact the Contractor to indicate the necessary corrective measures. The Contractor will be given 48 hours from this notification to make appropriate corrections. If the work has been completed successfully then the City will pay for services billed, The Contractor shall submit to the City Project Manager a report of his performance for the preceding month, under terms of the Contract. These reports shall be received no later than the fifth (5th) day of each month following the month in which services were performed, Failure to do so shall result in delay of payment until this requirement is fulfilled, Forms for performance reporting shall be provided by the City END OF SECTION October 27, 2006 City of Miami Beach Bid No: 11-06/07 48 of 69 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 11-06/07 7.1.0 SCHEDULING 7,1.1 Contractors shall accomplish pest control and fertilization required under the Contract during daylight hours. The City Project Manager may permit night scheduling on an individual function or task basis, 7.1.2 Contractor shall schedule and conduct the work at times and in a manner which shall not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets, and shall not cause annoyance to residents near the site or users of the site. During periods of peak rush hour traffic, the Contractor will not block or impede arterial or collector streets and will conform to roadway work procedures as required by State, County or Local regulations, 7,1.3 All work shall be scheduled and completed in a continuous manner, that is, other than a holiday or non-work day in order to maintain the site in a uniform manner. 7.1.4 Contractor shall not work or perform any operations during inclement weather which may destroy or damage landscaped areas or render pesticides or fertilizers ineffective. 7.1,5 Contractor shall recognize that during the course of the Contract, other activities and operations may be conducted by City work forces and other Contractors within the project location, These activities may include but not be limited to landscape refurbishment, irrigation system modification or repair, construction and storm related operations, The Contractor may be required to modify or curtail certain operations without decreased compensation and shall promptly comply with any request by the Project Manager. 7.1.6 Contractor shall, during the hours and days of operation, respond to all emergencies within one (1) hour. 7.1.7 Contractor shall have completed all Pest Control and Fertilization functions prior to the scheduled maintenance inspection. 7.1.8 Landscape Maintenance Schedules N/A END OF SECTION October 27, 2006 City of Miami Beach Bid No: 11-06/07 49 of 69 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 11-06/07 8.1.0 ADDITIONAL WORK The Project Manager may, at his discretion authorize the Contractor to perform additional work, including, Pest Control and/or Fertilization Services when the need for such work arises out of extraordinary incidents such as vandalism, acts of God, and third party negligence, or for any additional basic pet control needed, Any work not provided for elsewhere in the Contract and authorized by the Project Manager and performed by the Contractor shall be considered as additional work and shall be paid as specified on the Bid Proposal. Prior to performing any additional work, the contractor shall prepare and submit a written description of the work with a cost estimate which conforms to the unit pricing found in the Bid Proposal to the Project Manager. No work shall commence without the written authorization from the Project Manager. Not withstanding the above authorization, when a condition exists wherein there is imminent danger of injury to the public or damage to property, the Project Manager may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. However, within 24 hours after receiving a verbal authorization, the Contractor shall submit a written estimate to the Project Manager for the required approval. END OF SECTION October 27, 2006 City of Miami Beach Bid No: 11-06/07 50 of 69 TO PROVIDE PEST CONTROL AND FERTILIZATION SERVICE BID # 11-06/07 9.1.0 BID SUBMITTAL In addition to the documentation and information requested herein, the Bidders shall submit the following information with their bid: 9,1.1 Company Profile A profile describing the organization represented by the bidder must be furnished with the bid submittal. This will include: * Company history and present organization; Name of Principal or Owner(s); Name of Affiliates, Subsidiaries, etc,; Years of company experience under present ownership; The local office address, and phone number, from which account would be administered; History of local office, including opening date; Normal hours of operation of local office; Name of person in charge of local office; Number of maintenance personnel in the south Florida area normally available to emergency calls; List of all services company is capable of providing. * * * * * * * * * 9.1,2 Personnel 1. Provide an organizational chart of entire structure that is proposed to service account; 2. Provide resumes of key management personnel; 3. List job descriptions for all positions in the organization described in #1 above; 4, Include description of proposed uniforms; 5, Provide your overall employee policy and training program; 6, Provide outline of safety program, 9,1,3 Turf Maintenance 1. List proposed fertilizer type and rate for each turf type and other specific nutrient additives; 2, List proposed application schedule (annual basis); 3. Describe proposed preventative pest management program. 9,1.4. Skinned Area Maintenance (Not Used) October 27, 2006 City of Miami Beach Bid No: 11-06/07 51 of 69 9.1.5 Tree and Palm Maintenance Program 1. Provide type(s) of fertilizer and rates proposed for general use, and other specific nutrient additives; 2, List proposed application schedule (annual basis); 3, Describe proposed preventative pest management program, 9.1,6 Shrub and Ground Cover Maintenance Program 1. Provide type(s) of fertilizer and rates proposed for general use, and other specific nutrient additives; 2, List proposed application schedule (annual basis) 3. Describe proposed preventative pest management program. 9.1.7 Irrigation Maintenance Program (Not Used) 9.1,8 Equipment Specifications 1, List all tools, equipment (including manufacturer) and quantities of each type that be proposed to perform maintenance. 9.1,9 Bidders Supplement 1. Copies of all applicable licenses, permits, etc, required perform the services; 2, List of clients with specialty turf types the bidder currently has, along with contact information; 3. Miscellaneous Information - this section of the proposal should include any additional information about the services or bidder that is not addressed elsewhere in the proposal. 9,1.9 Schedule of Values N/A END OF SECTION October 27, 2006 City of Miami Beach Bid No: 11-06/07 52 of 69 .....(' ..,,',' .,. '.' .,":....."." ,~". ;, :ci, ;.~ ~ 1< ',; ,,'\" ~ '.:?'.::~: :;~,.:^ ... .. MMJIMCEl , :~. :~ 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 October 27, 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, December 1, 2006 by fax: 305.673,7851; or e-mail iohnellis@miamibeachfl.Qov Thank you for your time and effort. Gus Lopez, CPPO Procurement Director October 27,2006 City of Miami Beach Bid No: 11-06/07 55 of 69 :..'...... ," .'~. A~~l:A~~~fEiJ::~~,,~~;i . .... ~YJJbMI~~:I:~ .~~~. , .'.' :~ 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 PERFORMANCE EVALUATION 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 CRITERIA UNIT 1 Ability to manage the project cost (minimize change orders) (1-10) 2 Ability to maintain project schedule (complete on-time or (1-10) early) 3 Quality of services (1-10) 4 Professionalism and ability to manage (includes responses and (1-10) prompt payments to suppliers and subcontractors) Close out process (no punch list upon turnover, warranties, 5 as-builts, operating manuals, tax clearance, etc, submitted (1-10) promptly) 6 Communication, explanation of risk, and documentation (1-10) (construction interface completed on time) Ability to follow the agencIes rules, regulations, and 7 requirements (housekeeping, safely, etc.,,) (1-10) Overall customer satisfaction and hiring agam based on 8 performance (comfort level in hiring contractor again) (1-10) Overall Comments: Agency or Contact Reference Business Name: Contact Name: Contact Phone and e-mail: Date of Services: Dollar Amount for Services: October 27. 2006 City of Miami Beach Bid No: 11-06/07 56 of 69