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HomeMy WebLinkAboutReso 2001-390RESOLUTION NO. 2001- 3 q d A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, INCORPORATING RECITALS; AWARDING BID ON REQUEST FOR PROPOSALS NO. 01-09-01 TO LUKES' LANDSCAPING, INC. CLUKES"), FOR PARKS/MEDIANS/RIGHTS-OF-WAY MAINTENANCE SERVICES; APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND LUKE'S LANDSCAPING, INC., IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS ($300,000.00) ANNUALLY, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is desirous of having its parks, medians and rights -of -way maintained to the highest level; and WHEREAS, the City publicly advertised Request for Proposals No. 01-09-01 for parks/medians/rights-of-way maintenance services, and sent bid packages to eleven (11) potential bidders; and WHEREAS, a Pre -bid Conference and tour of the City was held on October 17, 2001, at which time six (6) potential bidders attended; and WHEREAS, Lukes' Landscaping, Inc., was the only responsive, responsible bidder with a sealed bid of Four Hundred Seventy -Six Thousand Dollars ($476,000.00) for a two-year period with a schedule of unit prices for such other items that may come up; and WHEREAS, the City wishes to enter into an Agreement, attached hereto as Exhibit "A", with Luke's Landscaping, Inc., in a total amount not to exceed $300,000.00 annually, for parks, medians and rights -of -way maintenance service. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. Section 2. Award of Bid. The City Commission hereby awards Bid No. 01-09-01 to Lukes'. The award is based on the contract plus the unit prices contained therein, by which Lukes' shall be bound, and which prices shall be applicable to the six -year period, during which the City may contract with Lukes'. Section 3. Approval of Agreement. The Agreement by and between the City of Sunny Isles Beach and Luke's Landscaping, Inc., for parks, medians and rights -of -way maintenance services, R2001- Award RFP 01-09-01, Luke's Landscaping, Inc. 1 in an amount not to exceed $300,000.00 annually, attached hereto as Exhibit "A", be and the same, is hereby approved. Section 4. Authorization of City Manager. The City Manager is hereby authorized to execute said Agreement and to do all things necessary to effectuate the terms of this Agreement. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 13th day of Novemb�- inn, ATTEST,: - Richard Brown-Morilla, City Clerk Approved As to Form and Legal Sufficiency: L . Dannheisser, City Attorney Moved by: �� C-2 mpq Olz- Fir MW Seconded by: 7E6 L �-< ► OS Vote: 8 - Q Mayor Samson (Yes) (No) Vice Mayor Kauffinan V (Yes) (No) Commissioner Edelcup (Yes) (No) Commissioner Goodman (Yes) (No) Commissioner Iglesias Yes) (No) R2001- Award RFP 01-09-01, Luke's Landscaping, Inc. 2 a5 O` SVNNY /S(E9 CITY OF SUNNY ISLES BEACH ' PARK/MEDIAN/RIGHT-OF-WAY f�l,� _L pP '• LANDSCAPE MAINTENANCEAGREEMENT Ot SUN THIS AGREEMENT, entered into this IS %Vt` day of N D%)Cm6*__ 2001, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and LUKES' LANDSCAPING, INC. (hereinafter referred to as "Contractor"). WHEREAS, the City is in need of landscape maintenance services for its parks, medians, and right-of-ways; and WHEREAS, the City desires to contract with Contractor to provide the services described in Attachment "A", and for the consideration hereinafter named, Contractor covenants and agrees with the City as follows: 1. Services. Contractor agrees to furnish all labor and materials in a good and workmanlike and professional manner, to perform the work designated in Attachment "A" attached hereto, which is incorporated herein by reference. The services described in Attachment "A" shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative inspect the Property on a regular basis to ensure all services are being performed in accordance with Attachment "A" and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to Property, improvements and persons at the Property. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete performance pursuant to the terms of this contract and City must undertake the completion of performance of services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those services and any damages the City may suffer as a result of the failure of performance by Contractor. 2. Additional Services. If the need for additional work or changes under this Agreement is identified by Contractor during the course of performing its obligations hereunder, Contractor shall set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for approval by the City. No such additional work shall be done or paid for without the specific prior written approval of the City. 3. Payment for Vendor's Services. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges or tasks reflected in Attachment "A". The unit prices contained in the first two-year period shall be maintained throughout the applicable six -year contract. Moreover, the Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 4. Undisclosed Conditions. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty Page 1 of 4 Landscape Mtnc - Lukes' Landscaping. Doc (30) days written notice to contractor. Upon termination, the City may re -bid the project if the contractor fails to perform under this Agreement due to the undisclosed conditions. 5. Insurance. (a) Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more particularly set forth below: General liability insurance, including broad form contractual liability coverage for bodily injury and property damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence. Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 6. Relation to Parties. It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 7. Compliance with Law. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement (Applicable Laws) and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 8. Waiver of Liability/Indemnity. The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or any one of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of property resulting from the performance or breach by Contractor of its limits in excess of One Million Dollars ($1,000,000) for claims arising from a single occurrence. Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the property. Page 2 of 4 Landscape Mtnc - Lukes' Landscaping.Doc 9. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 10. Term. The term of the Contract shall be for two (2) years, providing the City with the right to extend the contract for two (2) additional two (2) year terms at the same unit prices contained in Attachment "A". The City shall have the right to cancel this Agreement, at any time during the term hereof, upon thirty (30) days notice to the Contractor. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is on the essence of this Agreement. The terms of paragraphs 7 and 8 hereof shall survive termination of this Agreement. 11. Notices. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: if to the City one to Christopher J. Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160. The address of the Contractor for notices is Luke Facarazzo, President, Lukes' Landscaping, Inc., 3920 N.W. 94`h Avenue, Hollywood, Florida 33024, (954) 431-1111 phone and (954) 433-1111 fax. 12. Governing Law. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami -Dade County, in the State of Florida. 13. Remedies for Breach. Should Contractor fail to perform, City shall notify Contractor in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform then City shall receive a refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay for services rendered as of the date of termination. 14. Attorney's Fees. If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, together with reasonable attorney's fees for the anticipated cost of collection and judgment enforcement. Page 3 of 4 Landscape Mtnc - Lukes' Landscaping.Doc 15. Miscellaneous. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the parting granting such waiver. 16. Conflictine Provisions: The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WMTES* LUKES'"SCAPIN C.: BY: uke Faca azzo, ident CITY OF SUNNY ISLES BEACH BY• Christopher J. Russo, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: M. �Dannheisser, City Attorney Page 4 of 4 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Landscape Mtnc - Lukes' Landscaping. Doc RECEIVED 140V 01 2001 City of unny Isles Beat Attachment "A" OF SUNNY ISLES BEACH PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE Bid No. Ol_ 09-01 Page No. I ANTI -COLLUSION STATEMENT: THE UNDERSIGNED BIDDER HAS NOT DIVULGED TO, DISCUSSED, OR COMPARED HIS BID WITH OTHER BIDDERS AND HAS NOT COLLUDED WITH ANY OTHER BIDDER OR PARTIES TO THIS BID WHATEVER. THIS BID SUBMITTED BY: COMPANY NAME: S ¢-/)d �a� 1 EnNo. ADDRESS:19d-C & W, 97 /qy CITY: Alf 1(Vw 00J STATE: r_;:::�4 o A-(eq ZIP CODE:.2 3 0 ;'l B DATE SIGNED: �IxAee_ t,D f 3t'��a-ao i NAME & TITLE OF SIGNER: Z ao 6S F 'J7 SIGNATURE REQUIRED: ALL BIDS MUST BE SIGNED WITH THE VENDOR NAME AND BY AN OFFICER OR EMPLOYEE HAVING AUTHORITY TO BIND THE COMPANY OR FIRM BY SIGNATURE. INDICATE WHICH TYPE OF ORGANIZATION BELOW: INDIVIDUAL() PARTNERSHIP() CORPORATION�` 4' OTHER ( ) TO THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA: WE (I) THE ABOVE SIGNED HEREBY AGREE TO FURNISH THE FOLLOWING SUPPLY(S) OR SERVICE(S) SUBJECT TO THE CONDITIONS, SPECIFICATIONS, AND ATTACHMENTS HERETO. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 2 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE IT IS THE RESPONSIBILITY OF THE BIDDER TO ENSURE THAT THE BID REACHES THE OFFICE OF THE CITY MANAGER ON OR BEFORE THE CLOSING HOUR AND DATE SHOWN ON THE PUBLIC NOTICE TO BIDDERS FORM. 1.1 PURPOSE OF BID: The City of Sunny Isles Beach intends to secure a source of supply (s) and labor at the lowest responsive and responsible price. The City reserves the right to award the bid considered to best serve the City's interests. 1.2 BIDDER WARRANTY: Bidder warrants that the prices, terms and conditions quoted in the bid will be firm for a period of 365 days from the date of the bid opening unless otherwise stated by the bidder. Incomplete, unresponsive, irresponsible, vague, and ambiguous responses to the invitations to bid will be cause for rejection, as determined by the City. 1.3 CONVICTED VENDOR: Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a 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 a public entity, may not be awarded to perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.107, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 1.4 CONE OF SILENCE: You are hereby advised that this Invitation to Bid is subject to the "Cone of Silence" in accordance with Miami Dade County Ordinance Nos. 98-106 and 99-1. From the time of advertising until City Manager issues his recommendation, there is prohibition on communication with the City's professional staff. This ordinance does not apply to oral communications at pre -bid conferences, oral presentations before evaluation committees contract discussions made to City Commission during any duly noticed public meeting, contract negotiations with the staff following the award of an RFP, REQ, RFLI, or bid by any City Commission, or communication in writing at any time with any City employee, official, or member of the City Commission unless specifically prohibited. A copy of all written communications must be filed with the City Clerk. Violation of these provisions by any particular bidder or proposer shall not be considered for any REP, RFO, RFLI, or bid for a contract for the provision of goods or services for a period of one year. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. ---I_ PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the City Manager, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, FL, 33160. Fax (305) 949-3113. The bids title/number shall be referenced on all correspondence. All questions must be received no later than fifteen (15) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER THE DEADLINE. The City of Sunny Isles Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Sunny Isles Beach, or waive any informality in any proposal or bid. The City of Sunny Isles Beach may reject any and all proposals or bids. 1.5 TAXES: Bidder should not include taxes in prices bid. The City is exempt from Florida sales tax on direct purchases of tangible property. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 4 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE GENERAL CONDITIONS, INSTRUCTIONS TO THE BIDDERS 2.1: SUBMISSION OF BIDS 2.1.1: BID FORMS: Bidders must use the bid form(s) furnished by the City. Failure to do so may cause the bid to be rejected. Removal or replacement of any of the bid proposal documents may invalidate the bid. 2.1.2: Proposals having an erasure or corrections must be initialed by the bidder in ink. Bids shall be signed in ink; all quotations shall be typewritten or filled in with ink. No submissions in pencil will be accepted. 2.2: MISTAKE: If there is a discrepancy in the unit and extended prices, the unit prices(s) will prevail and the extensions adjusted to coincide. Bidders are responsible for checking their calculations. Failure to do so will be at the bidder's risk, and errors will not release the bidder from his responsibility as noted herein. 2.3: GUARANTIES: No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract or award. These quantities are for bidding purposes only and will be used for tabulation and presentation of the bid. The City reserves the right to reasonably increase or decrease quantities as required. 2.4: DELIVERY: All items shall be delivered F.O.B. destination (I.E. at a specific City of Sunny Isles Beach address), and delivery costs and charges (if any) will be included in the bid price. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 5 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE INVITATION TO BID 3.1: PRICING: Prices should be stated in units of quantity specified in the bidding specifications. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. 3.2: SAFETY STANDARDS: The bidder warrants that the product (s) supplied to the City conforms in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Bids must be accompanied by materials data safety sheets (M.S.D.S.) when applicable. 3.3: MATERIAL: Acceptance of the material(s) delivered under this proposal shall remain the property of the seller until accepted to the satisfaction of the City. In the event materials supplied to city are found to be defective or do not conform to specifications, the City reserves the right to return the product (s) to the seller at the sellers expense, including delivery costs. 3.4: BRAND NAMES: If a brand name, make, of any "or equal' manufacturer trade name, trade name, or vendor catalog is mentioned whether or not followed by the words "approved equal" it is for the purpose of establishing a grade or quality of material only. Vendor may offer equals with appropriate identification, samples and/or specifications on such item(s). The city shall be the sole judge concerning the merits of items bid as equals, and reserves the right to reject any "or equal" product if it does not strictly adhere to project specifications. 3.4.2: Provision of any written indication of intent to quote an alternative brand or model number, or designation of objective of the bid will be considered as a quotation in complete compliance with the specifications as listed, at the discretion of the City, which would best serve the City's interest. 3.5: PAYMENTS: Payment will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number. Contractor shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 3.6: ADDITIONAL SERVICES: If the need for additional work or changes is identified by Contractor during the course of performing its obligations hereunder, Contractor shall set forth such CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 6 PARKSA EDIANS/RIGHT-OF-WAY MAINTENANCE additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for approval by the City. No such additional work shall be done or paid for without the specific prior written approval of the City. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 7 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE INVITATION TO BID 4.1: LIABILITY, INSURANCE, LICENSES & PERMITS: Where bidders are required to enter onto City of Sunny Isles Beach property to deliver materials or to perform work or services as a result of a bid award, the bidder will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or his agent) or any person or subcontractor the bidder has designated in the completion of his contract as a result of the bid. Contractor shall be required to furnish a certified copy of all licenses, certificates of competency or other licensure requirements necessary to practice his profession as required by Florida State Statute, South Florida Building Code, Dade County, or City of Sunny Isles Beach Code. Contractors must include current Dade County certificates of competency. These documents shall be f imished to the Ci along with the bid response. Failure to furnish these documents or to have required licensure will be grounds for rejecting the bid and forfeiture of the bid bond. 4.1.2: The vendor shall furnish to the City Manager, City of Sunny Isles Beach, 17070 Collins Avenue, Suite #250, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which indicate that insurance coverage has been obtained by an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any contract(s) or award(s) document(s) which meets the requirements as outlined below: Workers compensation insurance for all employees of the vendor as required by Florida Statute 440 as amended. In addition, Comprehensive, General liability insurance (GCL) including broad form contractual liability coverage for bodily injury and property damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence, is required. The GCL policies must include premises/operations, products/completed operations, broad form contractual and independent contractors coverages. The City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior to written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 8 PARKS/1VIEDIANS/RIGHT-OF-WAY MAINTENANCE INVITATION TO BID ADDITIONAL INSURED: CITY OF SUNNY ISLES BEACH 17070 Collins Avenue, Suite 250 Sunny Isles Beach, FL 33160 5.1: Comprehensive automobile liability insurance covering all owned, non -owned, rented, hired or borrowed vehicles used in connection with the award, in an amount not less that S 1,000,000.00 combined single limit per occurrence for bodily injury and property damage. The City of Sunny Isles Beach shall be named as additional insured. 5.1.2: All insurance shall be issued by companies rated A:7 or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. It shall be the responsibility of the vendor and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the vendor, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be submitted to the City Insurance Manager within 30 days prior to cancellation of such policies. This requirement shall be reflected on the Certificate of Insurance. 5.1.3: Failure to fully and satisfactorily comply with the City's insurance and bonding requirements set forth herein will authorize the City Manager to implement a rescission of the bid award within thirty (30) days of awarding without further City Commission action. The bidder hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. fi 5.1.4: COPYRIGHTS AND/OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling of goods shipped or ordered, as a result of this bid. The seller agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation. 5.1.5: UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30) days written notice to contractor. Upon termination, the City may re -bid the project if the contractor fails to perform under this Agreement due to the undisclosed conditions. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 9 PARKS/N EDIANS/RIGHT-OF-WAY MAINTENANCE INVITATION TO BID 6.1 AWARD OF BIDS: The City of Sunny Isles Beach reserves the right to accept or reject any and/or all bids or parts of bids, to waive any informality, irregularities or technicalities, to re - advertise for bids, or take any other actions that may be deemed to be in the best interests of the City. The City also reserves the right to award the contract on a split order basis, group by group, or item by item, or such combination as will best serve the interests of the City, unless otherwise stated. The City also reserves the right to waive minor variations to the specifications (interpretation of such to be made by the applicable department personnel). Final determination and award of bid(s) shall be made by the City Manager. All contracts shall be awarded by the City Manager, as stated above, to the lowest responsible and responsive bidder, as defined in City Ordinance 2000-101. In addition to price, there shall be considered the following: (1) the capacity, ability and skill of the provider to perform the contract; (2) whether the provider can perform the contract within the time specified without delay or interference; (3) the character, integrity, reputation, judgement, experience and efficiency of the provider; (4) professional licensure required when service of a skilled nature as required by law to perform such service and/or skill; (5) the quality of performance of previous contracts; (6) the extension of the contract beyond the required two (2) year term; (7) the previous and existing compliance by the provider with laws and ordinances relating to the contract; (8) the ability of the provider regarding future maintenance and service for the use of the subject of the contract; (9) the City Manager may, by Administrative Order, establish a set of criteria of a numerical nature that may be utilized in awarding contracts hereunder. 6.1.2: EVALUATION OF BIDS: The City, at it's discretion, reserves the right to inspect any/all bidders facilities to determine their capability of meeting the requirements for the contract. Also, price, responsibility and responsiveness of the bidder, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of State, and/or Local governments in Florida, or comparable private entities, will be taken into consideration in the award of a contract. 6.1.3: IDENTICAL (TIE BIDS): Shall be awarded by the City in compliance with Florida State CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 10 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE Statutes providing for a drug free workplace, that is, in the event of an identical tie bid, a preference shall be given to a business having a drug free workplace. under Florida State Statute 287.087, as amended. Failure to provide proof of compliance when requested shall be cause for rejection of the bid as determined by the City. 6.1.4: ASSIGNMENT: The contractor shall not transfer or assign the performance required by this bid without prior written consent of the City Manager of the City of Sunny Isles Beach. Any award issued pursuant to this bid invitation and monies which may be due hereunder are not assignable except with prior written approval of the City Manager of the City of Sunny Isles Beach. 6.1.5: GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this bid prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in his letter the specific regulation which required an alteration. The City of Sunny Isles Beach reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel at no further expense to the City. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 11 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE INVITATION TO BID 7.1: WARRANTY/GUARANTY: Successful bidder shall act as agent for the City in the follow-up and compliance of all items under warranty/guarantee and complete all forms for warranty/guarantee coverage under this contract. Bidder warrants by signature on his proposal sheet that prices quoted here are in conformity with the latest federal price guidelines. 7.2: SAMPLES: Samples of items, when required, must be furnished by the bidder free of charge to the City. Each individual sample must be labeled with the bidders name, and manufacturer's brand name and delivered by him within ten (10) calendar days of the bid opening unless schedule indicated a different time. If samples are requested subsequent to the bid opening, they should be delivered within ten (10) calendar days of the request. The City will not be responsible for returning samples. 7.3: DISPUTES: If any dispute concerning a question of fact arises under the contract, other than termination for default or convenience, the contractor and the City department responsible for the administration of the contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney, shall resolve the dispute and send a written copy of its decision to the contractor, which shall be binding on both parties. 7.4: HOLD HARMLESS: All bidders shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a bid, as applicable. 7.5: CANCELLATION: Failure on the part of the vendor to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the award. 7.6: RELATION TO PARTIES: It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 7.7: COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement (Applicable Laws) and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 12 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE under this agreement. 7.8 WAIVER OF LIABILITYANDEMNITY: The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or any one of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of property resulting from the performance or breach by Contractor of its limits in excess of One Million Dollars ($1,000,000) for claims arising from a single occurrence. Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the property. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 13 PARKS/NIEDIANS/RIGHT-OF-WAY MAINTENANCE INVITATION TO BID 8.1: INDEMNIFICATION: The contractor shall indemnify, save harmless, and defend the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the contractor, his agents, servants or employees in the provision of goods or the performance of services pursuant to this bid and/or from any procurement decision of the City including without limitation, awarding the contract to the contractor. 8.1.2: SECONDARY/OTHER VENDORS: The City reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the contract. 8.1.3: DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 8.4: NONCONFORMANCE TO CONTRACT: The City of Sunny Isles Beach may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within (5) calendar days by the vendor at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as it's own property. Rejection for nonconformance, or failure to meet delivery schedules may result in the contract being found in default. 8.5: ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 8.6: NOTICES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 14 PARKS/NIEDIANS/RIGHT-OF-WAY MAINTENANCE INVITATION TO BID recognized courier service), addressed to such party as follows: if to the City one to Christopher J. Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160. The address of the Contractor for notices is 39cV-0 IV W 9 4 .-q af, c,J o o 8.7: GOVERNING LAW: The validity of the Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami -Dade County, in the State of Florida. 8.8: REMEDIES FOR BREACH: Should Contractor fail to perform, City Shall notify Contractor in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform then City shall receive a refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay for services rendered as of the date of termination. 8.9: ATTORNEY'S FEES: If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, together with reasonable attorney's fees for the anticipated cost of collection and judgement enforcement. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 15 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE INVITATION TO BID 9.1: CONTRACT EXTENSIONS: The City of Sunny Isles Beach hereby requests bids for a two (2) year contract for supplies or services. In addition, the City reserves the right to extend contracts for an additional two, (2) year terms, providing both parties agree, that all the terms, conditions and specifications remain the same and the extension is approved by the City Manager. BIDDER OFFERING FIRM PRICES FOR THE FULL CONTRACT PERIOD: YES K NO BIDDER TO INDICATE IF HE WOULD BE WILLING TO EXTEND THIS CONTRACT FOR: SECOND TWENTY FOUR MONTHS: YES_ NO THIRD TWENTY FOUR. MONTHS: YES_ CX NO Please Note: The signature and company name must be the same as on page one of this bid form. Sa /I - Bidders Name:L,. k , ,.&a 11 � ��, Company Name- •.gfzs, CITY OF SUNNY ISLES BEACH PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS BONDING REQUIREMENTS: Bid No. 01-09-01 Page No. 16 The bidder, in submitting this bid, must include a 5% bid bond for the total cost of the bid. Such bond may be in the form of a certified or cashier's check or approved bid bond in the amount of 5% of the total amount of the bid based on a two (2) year cost. PERFORMANCE & PAYMENT BONDS: The City of Sunny Isles Beach shall require the successful bidder to furnish performance and payment bonds, each in the amount of 100% of the total bid price, for a one (1) year maintenance cost, with the City of Sunny Isles Beach as the obligee, as security for the faithful performance of the contract and for the payment of all persons performing labor or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. Should the City decide to suspend or discontinue this requirement, the successful bidder shall deduct all premiums for said bonds for the affected contract period. PRE -BID CONFERENCE - SITE VISITS: It is mandatory that all bidders attend a pre -bid conference and tour of all areas contained in the specifications. Bids will not be accepted from bidders who did not attend the pre -bid conference. No pleas of ignorance by the bidder of conditions that exist, or that may hereinafter exist as a result of failure to make the necessary examinations or investigations or failure to fulfill in every detail the requirements of the contract documents, will be accepted as basis for varying the requirements of the City of Sunny Isles Beach or the compensation of the vendor. The pre -bid conference and tour will take place on OCTOBER 17, 2001, STARTING AT 10:00 A.M.. STEP OFF LOCATION IS AT SUNNY ISLES BEACH CITY HALL LOCATED AT 17070 COLLINS AVENUE, SUITE #250, SUNNY ISLES BEACH, FLORIDA 33160. Please call (305) 947-0606 for further information. CITY OF SUNNY ISLES BEACH PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS A. SCOPE OF WORK Bid No. 01-09-01 Page No. 17 1. The work includes, but may not be limited to, the furnishing of all labor, materials, tools, equipment, machinery and services for proper maintenance which for the purposes of this bid, shall include litter, trash and debris removal (including, but not limited to, small items such as paper, cans, bottles, and dead animals), mowing, edging, hedge trimming, selective tree trimming, raking, sweeping, weeding, weedeating, and irrigation system repair. B. LOCATIONS OF WORK 1. Accompanying this specification is an area map listing area sites which are categorized by parks, medians, right-of-ways, easements, and swales. By submitting a bid, the bidder certifies that he/she is familiar with the sites and the proposed scope of work, prior to submitting a bid. The City reserves the right to remove specific locations on a temporary or permanent basis, as deemed appropriate. The City also reserves the right to award the locations to multiple bidders to attain the best possible service and price. C. EQUIPMENT 1. All equipment shall be maintained in an efficient and safe operating condition while performing work under the contract. Equipment shall have all proper safety devices required by law, properly maintained and in use at all times. 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 of Sunny Isles Beach. The contractor shall be solely responsible and liable for injury to persons, and/or property damage caused by operation of the equipment. All equipment will be inspected and evaluated by the City of Sunny Isles Beach, prior to award of this bid. A. Special equipment required (in addition to Standard Maintenance Equipment). The contractor must own the following equipment: * One hydraulic bucket -truck with a reach capacity of no less than 50 feet * One brush chipper. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 18 PARKSlMEDIANSlRIGHT-OF-WAY MAINTENANCE SPECIFICATIONS * A two-way communication system between all of the contractors service vehicles and their main office * Locator equipment capable of locating underground irrigation wires. * One dump truck with a minimum of 15,000 pound gross vehicle - weight with a chipper box, and equipped with flasher bar. * One FDOT approved traffic arrow board and required quantity of orange safety cones. C. SATELLITE STORAGE AND MOBILIZATION FACILITY 1. The contractor must operate at least one dedicated storage and mobilization site within three miles of the City of Sunny Isles Beach, within 60 days of award, as follows: A. The storage site may be totally enclosed or may be open and surrounded by a six foot height, lockable, chain -link fence. B. The storage site must have a minimum of 1000 sq. ft. area, with a minimum 240 sq. ft. of fully enclosed, lockable, and secure materials storage area, and must be continually available to the contractor for the full duration of this contract. The City reserves the right to inspect this facility prior to award of bid, and at any time during the course of this contract. The contractor will have 60 days to secure the storage site after award of contract. D. SCOPE OF WORK 1. Contractor shall maintain the contractually covered landscaped areas at the frequency rate prescribed with conventional production style mowing and lawn maintenance and equipment. 2. Contractor shall maintain all other areas as required by City during the course of this contract. E. PROFESSIONAL ORGANIZATIONS 1. The contractor, as a minimum, must be a member, in good standing, of the following organizations: A. Florida Nurserymen & Growers Association (FNGA) B. National Arborist Association (NAA) 2. The Contractor shall provide proof of membership with the bid submittal. CITY OF SUNNY ISLES BEACH PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS G. DEFINITIONS Bid No. 01-09-01 Page No. 19 1. If the Contractor intends to use sub -contractors to perform any work on this contract, these sub- contractors are subject to approval by City. 2. Maintenance as defined for bid purposes shall include: Litter, trash, and debris removal and disposal; mowing; edging; hedge trimming; selective tree trimming; raking; sweeping; weeding, weedeating, herbicide applications, fertilization, insect control, irrigation system adjustment and repair, and Date Palm and Coconut Palm maintenance. H. SPECIAL CONTRACT REQUIREMENTS 1. The President/Chief Operating Officer of the contracting firm must be available to attend meetings with the City and/or it's designee within 24 hours of notification. 2. For purposes of communicating the City's requirements, an English speaking superintendent must be available at all times when work is being accomplished. 3. All of the contractor's employees must wear bright orange shirts that identify the company name, at all times. 4. Maintenance of traffic must conform to the current edition of the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards Indexes (600 Series), the Standard Specifications for Road and Bridge Construction and the Manuals on Uniform Traffic Control Devices, as a minimum criteria.. 5. The contractor, or an employee of the contractor approved by the City, must be on 24 hour call, at all times, for emergency purposes. 6. The contractor, on an immediate and first priority basis, shall be available to the City to clear roadways or access areas in the event of an Act of God (ie. storm, tornado, or hurricane) or an auto accident that causes a tree to fall and block a roadway or pedestrian area, or any other emergency deemed by the City Manager. 7. The contractor shall be available to meet with all public utilities to locate all irrigation and hydraulic lines prior to excavation by the utility company. The contractor is to act as the City's CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 20 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS representative in order to avoid unnecessary damage to irrigation lines. 8. All street furniture, amenities and facilities, located on public medians, parks and rights -of - way, defined in the project limits, are to be kept clean and free of graffiti and all trash receptacles are to be emptied on a daily basis, seven days per week. 9. All litter/trash receptacles shall be emptied and the contents disposed of on a daily basis (7 days Ier week). 10. Each May 1, Contractor shall submit, for City approval, a hurricane rhobilization and preparedness plan specifically relating to manpower, equipment, and scheduling. 11. The Contractor must submitt a plan defining irrigation sequencing and timing for all City irrigation systems. 12. No fuel, oils, solvents, or similar materials are to be disposed of in any catch basins. The contractor must closely adhere to local, state, and Federal Environmental Protection Agency requirements, and is responsible for all non-compliance penalties. 13. All structures and monuments, located on City medians, rights -of -ways, or parks, shall be checked for graffiti and cleaned daily. 14. The contractor and his supervisory personnel must have substantial experience in the landscape and irrigation maintenance of parks and public rights -of -way including medians and high traffic roadways. This experience must include a minimum of five years experience in this type of work. Proof of such shall be required at bid submittal. 15. The contractor, at his satellite storage facility, must maintain an adequate supply of lumber for bracing of fallen trees, as follows: 1. 2 x 4's x 16' length (minimum quantity - 36) 2. 3 x 5's x 8' length (minimum quantity - 36) 3. `Wethose' Maintenance Material List 1- 1000 Foot `Wethose' Porous Pipe 100 - 3/8 x 3/8 Barb Couplings 50 - 3/8 x 3/8 x 3/8 Barb Tees 20 - 3/8 x 3/8 x 3/8 Barb 90 Elbows CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 21 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS 35 -'/z Male Pipe Thread x 3/8 x 3/8 Tees 20 - 1/Z Male Pipe Thread x 3x8 Adapter 1 - Rainbird Unik Field Transmitter (to check/set controllers) I. REOUIRENIDUS FOR EXISTING IRRIGATION SYSTEM ON COLLINS AVENUE MEDIAN 1. The Collins Avenue median is irrigated through a `Wethose' subsurface irrigation system supplied by City water meters. 2. Required on -going maintenance as follows: A. Monthly - Turn system on with controllers and check program. Adjust program as needed for seasons, new plantings, and weather conditions. Verify that system is running 20 minutes on and 20 minutes off, per cycle, to prevent `Wethose' hydration (decrease leak rate). Suggested frequency of watering (will vary based on rainfall) is 5 cycles per day 5 days per week during dry season and 4 cycles per day 3 days per week during the wet season. Visually inspect valves, filters, and backflow preventers for malfunction or damage and repair as needed. With system running, visually inspect for PVC pipe breaks or `Wethose' needing repairs. Always make repairs to all PVC or `Wethose' pipe after flushing the pipe. After repairs are complete, turn the system on to verify that no additional work is required. B. Quarterly - In addition to monthly maintenance schedule, open flush ports and let water run a minimum of 3 minutes. Check filter elements for excess residual and replace if needed. C. Annually - In addition to monthly maintenance schedule, replace filter elements and controller batteries. Chemically flush system using `Disolve' (this process will remove iron, calcium, and other buildup on the inside of the Wethose and PVC pipe). D. Accidental Damage to System - Follow the monthly procedure and be mindful to always flush the system before and after making repairs. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 22 PARKS/MEDLkNS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS J. REQUIREMENTS FOR EXISTING CONVENTIONAL IRRIGATION SYSTEMS WITHIN PROJECT LIMITS 1. The Contractor is to familiarize himself with the existing irrigation systems and is responsible for the repair of all components to insure a continually efficient irrigation system. This includes the adjustment of the controllers to insure the correct amount of precipitation necessary for viable vegetative growth. K. IRRIGATION REPLACEMENT AND REPAIR I. The contractor, at his expense, will be responsible for the repair of all existing irrigation components. The wholesale cost of parts only will be borne by the City, with proper documentation and approval by the Citys' Public Works Department. L. DELIVERY_ STORAGE_ AND HANDLING 1. Deliver fertilizer materials in original, unopened, and undamaged containers showing weight, analysis, and name of manufacturer. Store in manner to prevent wetting and deterioration. M. MATERIALS 1. Fertilizer and insect/disease control materials (all rates as established by accepted horticultural standards, manufacturer's recommendations, and as approved by Citys" Landscape Architect). A. Lawn (except athletic field Bermuda turf for passive park) 1. February - Apply granular 20-0-20 with Atrazine. 2. May - Apply liquid 164-8 with micro -nutrients and Pyrethrin insect control. 3. September - Apply liquid 16-4-8 with micro -nutrients and Pyrethin insect control. 4. December - Apply granular 20-0-10 with Atrazine. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 23 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS 5. The Spring thru Fall application rates for lawn areas will vary according to weather and environmental conditions, but typically average 75 granular pounds per 1000 sq. ft. F. For control of fire ants, use Award Fire Ant Killer. Follow manufacturer's instructions for application amounts and methods. B. Palms (except Phoenix Dactilifera and Phoenix Canariensis Date Palms) 1. Apply four applications per year (at quarterly intervals) of liquid 16-4-8 with micro -nutrients and granular 13-3-13 with micro -nutrients. 2. The time of the applications will coincide with the lawn applications. 3. The liquid and granular applications will alternate throughout the year (2 applications of liquid and 2 of granular). 4. Supplemental Manganese Sulfate and Sul-po-mag may be required to correct nutrient deficiency. 5. Between January 1 and February 1 apply Merit root drench to all Royal Palms (follow manufacturer's instructions for application rate). C. Trees Three applications per year of 13-3-13 granular fertilizer. D. Shrubs and Groundcover 1. Four applications per year (each three months). Flowering shrubs are to receive applications of granular 8-10-10 SCU with micro -nutrients supplemented with liquid 16-4-8 with micro -nutrients. Non -flowering shrubs are to receive applications of granular and liquid 16-4-8 with micro -nutrients. 2. Due to lack of above -ground irrigation, the Collins Avenue Median plant material is to receive four applications per year (each three months) of liquid 16-4-8 with micro -nutrients (no granular fertilizer is to be used). CITY OF SUNNY ISLES BEACH PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS E. Seasonal Color Bid No. 01-09-01 Page No. 24 1. Replace on a quarterly, or as needed basis, at total of +/- 30,000, 4 1/2" pot Seasonal color Plants, Florida # 1 or better, on an "as needed" basis, (4 times per year) as per city direction. Add soil amendments, soil, fungicide, and Nutricote fertilizer, as needed, to effect vigorous growth. 2. Care must be taken in the planting process to avoid damage to the irrigation system that exists. Any damage to this irrigation system, caused by the landscape contractor, will be repaired at no expense to the City. 3. Apply one initial and one "mid-term" application of Nutricote total 70 day 13-3-13 fertilizer for each seasonal color planting. F. Phoenix Dactilifera (Date Palms) 1. Frequency of Treatment A. Palms will be fertilized and treated for disease and insect control on a bi-monthly basis. 2. Materials and Methods A. Fertilization (6 applications) 1. Fertilizer to be 13-03-13 with minor elements. 2. Application rate will be 16 pounds per palm per year or approximately 2.5 pounds per application. 3. Apply fertilizer in a ring 12%16" out from the trunk. B. Disease Control 1. Six applications per year of the following root -drench fungicides. a. Chip -co 26019 combined with Chip -co Aliette at label rates. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 25 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS b. Clearys 3335 combined with Subdue. C. Kocide-Mancozeb. 2. Alternate use of fungicides as dictated by existing conditions. 3. Treatment for lethal yellowing: Apply an injection of OTC, 5-8 cc. Per tree per application. These treatments are to occur on an "as needed" basis only and as directed by City. C. Insect Control 1. Six applications per year, or as needed to control insect infestation, using Orthene, Cygon, or Lindane. (Lindane is 2. to be used in limited amounts and only if evidence of beetles is present). 3. Any spraying of top of palms must occur on weekdays between the hours of 4 A.M. and 7 A.M. 3. Requirements A. Date Palm pest control contractor must be a State of Florida licensed pest control operator within a minimum of (5) years of experience in this type of work. B. Observation: It shall be the contractors obligation to perform regular monthly inspections of the palms and report to the City any site condition which may be detrimental to the health and vitality of the palms. Further, the Contractor is responsible to report the development of disease or other problems along with recommended solutions. These reports are to be written and should be received by the City no later than ten days after each inspection. It is required that the City be notified in advance of planned activities in order to allow them to witness and record the applications. CITY OF SUNNY ISLES BEACH PARKS/MEDLANS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS G. Coconut Palms Bid No. 01-09-01 Page No. 26 1. Treatment for lethal yellowing - apply an injection of OTC, 5-8 cc. Per tree, per application. 2. These treatments are to occur on an "as needed" basis only and as directed by City. H. Bougainvillea Only Fertilize four times per year (equally spaced) with -1/3 cup per plant of LESCO 8-10-10 (or equal). Keep all fertilizer minimum 6" away from trunk of plant. In addition to this fertilization, fertilize at each "tip -back" pruning time. I. Insect and disease activity, other than Date Palms, will be treated on an "as - needed" basis upon inspection. Required service calls between scheduled maintenance will be at Contractor's expense. N. HERBICIDE APPLICATIONS 1. Trees and palms within lawn area: Spray area 2" away from trunk with Round -up by Monsanto Manufacturing Company. Do not spray tree leaves, suckers, or open wounds. Do not use weed -eater for trees and palms within lawn area. (Do not spray herbicide near Phoenix Date Palms). 2. Joints and cracks in all public sidewalks and curbs within project limits, shall be weed free at all times. Use Round -up by Monsanto Manufacturing Company to completely control weed growth. Frequency of applications will be as dictated by weed growth. O. PREVENTIVE OR CORRECTIVE INSECT CONTROL 1. Lawn: Spray all lawn areas, as required, for control of all chinch bugs, army worms, sod webworm, fungus and other pests. Spraying shall be accomplished (at Contractor's expense) by State of Florida and Dade County licensed pesticide control company, using Integrated Pest Management Principles. 2. Shrubs: Spray shrubs and ground cover (excluding bougainvillea), as needed, with Orthene CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 27 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS by Ortho Manufacturing Company. Follow manufacturer's instructions for application, using Integrated Pest Management Principles, NOTWITHSTANDING ANY LANGUAGE IN THIS CONTRACT, ALL CHEMICAL APPLICATIONS SHALL REQUIRE WRITTEN APPROVAL BY THE CITY PRIOR TO APPLICATION. CONTRACTOR SHALL SUBMIT YEARLY, QUARTERLY, AND MONTHLY CALENDARS FOR APPROVAL PURPOSES RELATING TO ALL CHEMICAL APPLICATIONS AND LOCATIONS. P. MOWERS AND EDGERS 1. All mowers shall be adjusted to 2 1/2" cutting height, shall be in good repair, shall have no oil or gas leaks, and shall be equipped with grass catchers. 2. All mowers must be mulching -type mowers with no discharge allowed. 3. All equipment must be maintained in sound working condition in order not to exceed comfortable decibel levels. 4. Edgers shall be in good repair, shall have no oil or gas leaks, and shall provide a clean straight edge not more than 1/2" away from walks and edge of pavement. Q. MULCH (All areas within project limits). 1. Shredded red mulch, Grade B, (provide evidence of type and grade of mulch, to City, prior to delivery, for approval by Citys' Landscape Architect). n ffludleh de*. requimd wilich at We e. R. METHODS OF MAINTENANCE 1. Mowing of lawn areas CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 28 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS A. Mow and edge all lawn areas every ten (10) days from October 1 thru April 1 and every seven (7) days from April 1 thru October 1 (44 cuts) B. Remove and properly dispose of all visible grass clippings from site. 2. Edging A. Edge, as required, to maintain a neat, clean appearance. B. Maintain shape of planting beds as originally designed. 3. Trimming A. Lift all trees over 20' height and adjacent to walks and vehicular areas to a minimum of 12' of clear trunk. Maintain minimum of 8' clear trunk for all other trees. B. Trim shrubs and ground cover within all median islands, as needed, to meet the criteria set forth in FDOT Index 546, which mandates a maximum height of 24" from top of adjacent curb. C. Remove dead and dying fronds from palms, as needed, for clean appearance. Use no climbing spikes. Trim Coconut Palms (frond and fruit removal) three times per year. D. Selectively trim existing trees in accordance with National Arborist Association and Dade County standards and practices, to maintain a minimum of 8 feet of clear trunk. Remove suckers, shoots, and dead or dying branches. All tree, palm, and shrub pruning is included in this contract. E. Do no major tree or shrub pruning between November 1st and March 15th, unless requested by City. F. Maintain integrity of original design when trimming. Do not box plants whose habits of growth does not lend itself to this type of trimming. G. Use no machete for trimming. H. Haul away all trimming debris from site, and properly dispose of at contractor's expense. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 29 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS I. When Bougainvillea is out of bloom, immediately begin "tip -back" light pruning. 4. Weeding A. Hand pull weeds, or use herbicide where feasible, in shrub and ground cover areas, as needed to maintain a clean appearance. 5. Clean-up A. Clean all walks, drives, roads, and pedestrian areas, to be free of grass cuttings, trash, and debris. B. Remove all excess soil, trimmings, debris, and equipment from site after each visit. C. All debris removed from the City of Sunny Isles Beach is to be disposed of at an EPA and State of Florida approved dumping site, at Contractor's expense. D. Empty and dispose of contents of all trash containers on a daily basis. Contractor is responsible for disposal of all trash in accordance with all Federal, State, and local regulations. S. ATHLETIC FIELD MAINTENANCE (PASSIVE PARK) 1. Required Equipment: A. A minimum of one self propelled, greens type Tri-Plex mower, or equal, suitable for Bermuda turf athletic field maintenance. Steel wheeled and "pull behind" reel mowers are prohibited. Reels/and or blades shall be kept sharp at all times by proper back -lapping methods as determined by the City. B. All of the special equipment is subject to inspection and approval from the City of Sunny Isles Beach prior to award contract. C. Contractor shall keep all equipment maintained in proper working order at all times. Failure of contractor to properly maintain and keep equipment in working order at all times may result in revocation of contract. CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 30 PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS D. Mow all Bermuda turf, not to exceed a 1 1/2" height, with a `Reel' type mower. Remove all clippings with each cut. Frequency of mowing will be as defined in Section R. LA. E. Use `Choice' mole cricket control (on Bermuda turf) chemical once per year during the month of May. Follow manufacturers instructions for application methods and amounts. F. Apply Diazanon, on Bermuda turf, for worm control, once during the month of October and once during the month of April (2 applications). Follow manufacturers instructions for application methods and amounts. G. For fungus control, on Bermuda turf, and on an "as needed" and curative basis only. Apply Daconil fungicide at the first appearance of fungus. Follow manufacturers instructions for application methods and amounts. H. For weed control, on Bermuda turf, use (2) applications of Pendulum or Ronstar. The first application is to occur in March and the second application is to occur in September. Follow manufacturers instructions for application methods and amounts. I. For fertilization on Bermuda turf apply Lesco 13-2-13 a minimum of (4) times per year to effect 8 pounds of nitrogen per 1000 sq. Ft. per year. Contractor is responsible for contracting with A & L Laboratories, Pompano Beach, Florida, (954)972-3255, to complete (2) soil analysis per year to verify the minor element requirements, and adjust fertilizer application as needed. Submit soil analysis to City for review by City Landscape Architect. T. PAYMENT 1. The payment process begins when the contractor notifies the City Manager or designee of work completed. 2. The contractor is to notify the City Manager or designee's office by 9:00 a.m. of the following work day regarding work areas completed. Following such notice, the City shall inspect the maintenance area indicated within 24 hours. If the contractor's performance does not CITY OF SUNNY ISLES BEACH Bid No. 01-09-01 Page No. 31 PARKS/IVIEDIANS/RIGHT-OF-WAY MAINTENANCE SPECIFICATIONS show completion of maintenance items previously described, the City shall request, and require corrective action to be taken at no charge to the City. 3. Payment for work shall be authorized upon evidence of completion, and will occur on a monthly basis. 4. Any additional work requested within the scope of work shall be charged at the cost per cut or unit price rate. The contractor will be given at least 24 hours notice prior to a call for service. 5. NON-CONFORMANCE TO CONTRACT CONDITIONS: The City of Sunny Isles Beach may withhold payment or reject areas which are found, upon examination, not to meet the specification requirements. Upon written notifications of rejection, subject areas shall be rectified within five (5) calendar days by the vendor at his expense. Rejected areas left longer than fifteen (15) calendar days will be regarded as abandoned. Rejection for non-conformance, failure to provide services conforming to specifications, or failure to meet service schedules, may result in the Contractor being held in default and shall authorize the City to terminate the contract upon notice to the Contractor. PARKS / MEDIANS / RIGHT -OF WAY Bid No. 01-09-01 MAINTENANCELOCATIONS LOCATIONS Page No. 32 FIRST (24 MONTHS) Six Month Six Month Cost for Cost for Total ITEM RIGHT OF WAY Maintenance Maintenance Cost Cost Per # LOCATIONS Apr -Sept Oct -Mar Per 12 Mos. Additional Cuts Row Right -of -Way of Collins Avenue � �� � � ��O ���j / 1 including William Lehman Causeway Row Right -of -Way of S.R. 826 '71 Y61 7/ 2 Row N.E. 174th Street 1 0q� 13 0?0 / j�� �j F_� cz 3 Winston Blvd. Row Four Public Park Locations ( � S� 4 Row Additional Cut of Bermuda turf Athletic Field y? 5 for Passive Park TOTAL BID FOR RIGHT-OF-WAYS, CITY MEDIANS AND CITY FACILITIES FOR 24 MONTHS J UNIT PRICES Hourly rate for Bucket Truck with Operator Per hour = J' Seasonal Color Replacement `7 41/2" pot Per plant planted - Phoenix Dactilifera �' ©O maintenance Per a{m er ear= Coconut Palm lethal yellowing O L.Y.) injections Per palm per in ection=' 500 Sq.Ft. Palette of St. Augustine'Floratam" ova s O O Sod delivered and installed per City directions Per palette= Shredded Red Mulch per 100 cubic yards in place Per 100 cu. yds. � ro BIDDERS NAME: -ILi- cl_� a, X" 0 . a72? - COMPANY NAME:�Z� Bid No. 01-09-01 PARK / RIGHT-OF-WAY / MEDIAN Page No. 33 OUT OF CONTRACT UNIT PRICES UNIT PRICES One Laborer Per hour 8:00 a.m. - 4:30 p.m., mon-fri = f f 00 Per hour for all other times = 02 V • d O One Landscape Supervisor Per hour 8:00 a.m. - 4:30 p.m., mon-fri = o2 'F• 5'D Per hour for all other times = `//• a-s One Irrigation Supervisor Per hour 8:00 a.m. - 4:30 p.m., mon fri = 4S O 0 Per hour for all other times = 570 One Skidsteer Loader (Bobcat) Per hour with Operator Per day = S to O . co Per week = O d' © 0 Per month = �� OOO. O O One Front -End loader with Backhoe including Per hour = SS . DO Operator Per day C7• 0O Per week = a'C7 0. © Q Per month = (�, lv O O. O c7 One min. 15,000 GVM Dump Truck Per hour = 3S O O with Operator Per day = 8.0. 00 Per week = �, 00- 0 f7 0-0 Per month = One Hydraulic Bucket Truck with Operator Per hour = Per day Per week = ' 00_ ©d Per month BIDDERS NAME: 'G�,CCc c7 -ri2i COMPANY NAME:��K�s1n�— CITY OF SUNNY ISLES BEACH PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SPECIAL CONDITIONS Please list NAME OF AGENCY, ADDRESS, PHONE NO., AND CONTACT PERSON of any other Governmental Agencies or Quasi -governmental agencies for which you have done business within the past five years.. O A 305 4166- 81930 �G6- 93/ ��i• .DR 1yU, %��/E��c,� CO-- �/ o!o E�2! S'HE,em.9., 191/9n 1-1: vinE /Du b I c w og,C 3,14 o (30 o e- 06 3. %J i9 /bA Oth ou kZ -- G S� /?%- 4e 5f. ZA- / /—/69,2b r Vj �� 33/5 /`,eEa �30� ��� - .3� liz,o i LIN 'Ir 5. 6. 7 CITY OF SUNNY ISLES BEACH PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE BIDDER QUALIFICATION The Bidder's response to this questionnaire will be utilized as part of the City's overall Bid Evaluation and Contractor selection. 1. Number of Public Right -of -Way (including medians and high traffic roadways) Maintenance Contracts in excess of $100,000 per year A) In the past 5 years B) In the past 10 years 2. List Public Right -of -Way (including medians and high traffic roadways) Maintenance Contracts Project Name Ci V O X'4 L;g4 -/u OAS —I /3 / S �c� /�J f t V F i Client Name C i f y o.(' ✓ En < cc e Address / 9.Z00o Lc% d ocx n f 2y Contact Person o b c o-f S h e4i w g pJ f Contact Person Tel. No. 305 - 4 4, Project Name ef, A,. v ilU . inE s )e-O -eAJ Client Name C i t:y o f Iquc-0171F" R.2 Address 1 f y-o 6 W e-oCf n fiw D (Zr Contact Person Ifo (o F.v_J_l Contact Person Tel. No. Project Name �� {� d /idE,n kz&A /.�i^�Vf1y L 17 Client Name e, ,C a v 64 E ct. Address / goo o W . ca- n -�DX— Contact Person Mo Contact Person Tel. No. 3 OS- All, _ F 9. 2 e En 4te- e-e, I CITY OF SUNNY ISLES BEACH pARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SUBCONTRACTORS In the form below, the Bidder shall list all Subcontractors to be used on this project if the Bidder is awarded the Contract for this project. CLASSIFICATION NAME AND ADDRESS OF WORK OF SUBCONTRACTORS O /3 a CITY OF SUNNY ISLES BEACH PARKS/IviEDIANS/RIGHT-OF-WAY MAINTENANCE IDENTICAL TIE BIDS - Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. CITY OF SUNNY ISLES BEACH pARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. CITY OF SUNNY ISLES BEACH PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE Public Entity Crimes Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a 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 a public entity, may not be awarded to perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, F. S. for thirty six months from the date of being placed on the convicted vendor list". Conflicts of Interest The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Offerors must disclose with their proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or its agencies. r ) BIDDERS NAME: — COMPANY NAME:/ CITY OF SUNNY ISLES BEACH PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE SWORN STATEMENT PURSUANT TO 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 OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to n Ad 9 /c Lo✓ by lrCE. whose business address is , f Ye2V Al -w, `V 41- 9, �/ol/c/uJEaocr, /C-�/ 3 30d- V-- and (if applicable) its Federal Employer Identification Number (FEIN) is (IF the entity had 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)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with 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 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 Para. 287.133(1)(b), Florida S tutes, 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 trail court of record relating to charges brought by indictment or information after July 1,1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Para. 287.133(lxa), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. Any 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, executors, partners, shareholders, employees, members, and agents �,�� CITY OF SUNNY ISLES BEACH PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE 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 prime facie case that one person controls another person. A person who knowingly enters into a joint venture with person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any 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.) - :k— Neither the entity submitting this sworn statement, nor any of it's 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 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. 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 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 BIDDERS NAME: COMPANY NAME: • / r '��,FJ.� SnC� CITY OF SUNNY ISLES BEACH PARKS/MEDLANS/RIGHT-OF-WAY MAINTENANCE 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 S FO . By: (Printed Name) (Title) Sworn to and subscribed before me this day of 06 f A4D_O / ersonally known Z O %» Produced Identifi�on�G .� �- Notary Public -State of My Commission Expires /a� ao 3 (Type of Identificati Awv'& Madelyn a (P ' p�, commissioned nLUL .. cur Co., Inc. :1D•ERS NAME:i C CITY OF SUNNY ISLES BEACH PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE NON -COLLUSIVE AFFIDAVIT State of )ss. County of '/�a & ) being first duly sworn, deposes and says that: , Q (1) He/She is the Owner, Partner, Officer, Representative or Agent) of S i the Bidder that has submitted the attached Bid; (2) He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid, (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Bidder, firm, or person to fix any overhead, profit, or cost elements of the Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including this affiant BEDDERS NAME: CONTANY NAME;L : (Printed Name) (Title) CITY OF SUNNY ISLES BEACH -OF-WAY MAINTENANCE BE Sworn to and subscribed before me this �� day of Personally known 4-o In g— C fafProduced Iden 'ficati n Notary Public - State of My Commission Expires (Type of dentificat' ) oae. u. 2M (Prin" "mmissioned name of notary public) K BIDDERSNAM z.! COMPANY NAME;��-� , 5, L.94,� — %-A,- nC, CITY OF SUNNY ISLES BEACH PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE CERTIFICATE (if Corporation) STATE OF /-r�'Io,-i d lq ) ) SS: COUNTY OF,6ie-4ck�?a-A--b I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of F/©je t b ,4 , held on / o A 13 C) �l� the following resolution was duly passed and adopted: "RESOLVED, that, as P esident of the Corporation, be and is hereby authorized to execute the Bid dated, to the City of Sunny Isles Beach and this corporation and that his execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this_, day of duo. Secre (SEAL) BIDDERS NAME:���f� COMPANY NAME: i S ' Gi I" h 5 C -=n 0/- 310 j Se -FLOP, Care OF Sus 's0 TO: FROM: DATE: RE: City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305)949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager (✓Q-1 ?LP November 13, 2001 AWARD OF BID TO LUKES' LANDSCAPING, PARKS/NiIEDIANS/RIGHT-OF-WAYS INIAINTENANCE RECONENTENDATION City Commission David Samson..sfayor Lila Kauffman, Vice Mayor Norman S. Edelcup. Commissioner Germ Goodman, Commissioner Danny Iglesias, Commissioner Christopher J. Russo. Chy tfanager Lynn ,%I. Dannheisser, City doorney Richard Brow n-Jlorilla. Ciw Clerk INC. FOR It is recommended that the City Commission adopt the attached resolution awarding a bid to and entering into contract with Lukes' Landscaping, Inc., ("Lukes"') for park/median/right-of-way maintenance. REASONS The City is in need of maintenance services for its parks, medians, and right-of-ways. Therefore, the City issued and advertised Request for Proposals #01-09-01 for said services. In that this is a vast and comprehensive contract, a pre -bid tour was scheduled to familiarize prospective bidders with the areas to be maintained. Six (6) potential bidders attended the pre -bid tour and eleven (11) potential bidders received the bid package. However, Lukes' was the only responsive, responsible bid received. Lukes' submitted a sealed bid in the amount of Four Hundred Seventy -Six Thousand Dollars (S476,000.00) for a two-year period, with a schedule of unit prices for other items that might be needed. Staff is proposing that the City enter into a Parks/Median/Right-of-Way Maintenance Agreement in an annual amount not to exceed Three Hundred Thousand Dollars ($300,000.00) with Lukes'. Also, the City will have the option to extend the contract for up to two (2) additional two (2) year terms at the current, existing price. ADDITIONAL INFORMATION The City has utilized Lukes' for such landscaping services as interim landscape maintenance, tree trimming, and planting services with much success. The additional services bid as unit prices includes flowering plants, mulch, and heavy equipment to be utilized in the City, should a hurricane occur. CJR/pw Lukes'- Parks. %led, Row Nlmc Agenda M mo Agenda Item Date / /- /3-O_ r•� IO IDA%k O'LEARY DESIGN ASSOCIATES P.A. LANDSC APE A RCHITECTURE IAND PLANNING URBAN DESIGN GRAPHIC DESIGN Mr. Christopher J. Russo City Manager 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 Re: Parks/Medians/Right-of-Way Maintenance Sunny Isles Beach, Florida Bid No. 0 1 -09-01 Dear Mr. Russo: 2901 November 2, 2001 I have had the opportunity of reviewing the bid from Luke's Landscaping, Inc., dated November 1, 2001, for the above referenced project. It is my recommendation that the bid be awarded to Luke's Landscaping for the following reasons: A.) The total bid for maintenance of $476,000 for 2 years ($235,000 for l year) is below my budget estimate- B.) I have had the opportunity of working with Luke's on the maintenance for all of the Citv of Aventura. The level of maintenance, attention to detail, and reliability has been outstanding. C.) Luke's has agreed to extend the contract for an additional 4 years. This means that all bid prices are locked in for 6 years. D.) Luke's has agreed to perform additional maintenance visits beyond those specified, if needed, at no additional charge. It is my opinion that the City of Sunny Isles Beach would be well served to award this contract to Luke's Landscaping, Inc.Please let me know if you require any additional information Very truly yours, O'LOA/ E ARY DESIGN ASSOCIATES PA 0La.—• �(.D' WILLIAM A. O'LEARY, FASLA W AO/cas