HomeMy WebLinkAboutBid Specifications
LANDSCAPE MAINTENANCE SERVICES
BID SPECIFICATIONS
Invitation to Bid No. 07-10-04
OF
Publish Date:
October 29, 2007
Mandatory Pre-Bid Conference:
November 13, 2007 at 10:00 AM
Bid Due and Bid Opening Date:
December 5, 2007 at 10:00 AM
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
SECTION 1
TABLE OF CONTENTS
Table of Contents Section 1
Legal Advertisement/Notice to Bidders Section 2
Instructions to Bidders Section 3
General Conditions Section 4
Summary of Work Section 5
Processing of Statement of Services/Invoices Section 6
Bid Response Sheet/Bid Form/Bid Specifications Section 7
Bid Bond Section 8
Bidder Qualifier Statement Section 9
Non-Collusive Affidavit Section 10
Public Entity Crimes Section 11
Notice of Award Section 12
Draft Agreement Section 13
Notice to Proceed Section 14
Form of Payment Bond Section 15
Form of Performance Bond Section 16
Acknowledgement of Conformance with OSHA StandardsSection 17
Equal Opportunity / Affirmative Action Statement Section 18
Conflict of Interest Statement Section 19
Dispute Disclosure Form Section 20
Anti-Kickback Affidavit Section 21
Bid Checklist Section 22
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BID No. 07-10-04
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SECTION 2
LEGAL ADVERTISEMENT
NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed bids for the following
work as specified.
LANDSCAPE MAINTENANCE SERVICES
Invitation to Bid No. 07-10-04
The Bid Specifications for this Invitation to Bid are available from DemandStar by calling (800) 711-
1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be
examined at the City of Sunny Isles Beach - Office of the City Clerk. Vendors who obtain the Bid
Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned
that their bid response package may be incomplete. Addenda will be posted and disseminated by
DemandStar at least five days prior to the submittal date to all vendors who are listed on the official
list. The City may not accept incomplete proposals.
Bids shall be on a unit price basis; segregated bids will not be accepted. Sealed bids will be received
by the City Clerk no later than 10:00 AM, on Wednesdav, December 5, 2007 at the Sunny Isles
Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida,
33160. Bids received after this time will not be considered. The City is under no obligation to return
bids. Timely submitted bids will be opened publicly and read aloud at this time.
The envelope containing the sealed bid must be clearly marked:
"IMPORTANT, BID ENCLOSED"
Bid No. 07-10-04
LANDSCAPE MAINTENANCE SERVICES
OPENING DATE AND TIME: 12/5/07 at 10:00 AM
Bid security in the amount of five percent (5%) of the TOTAL BID must accompany the Bid in
accordance with the Instructions to Bidders.
A MANDATORY Pre-Bid Conference for all potential Bidders is set for 10:00 A.M. on Tuesday,
November 13, 2007 in the First Floor Conference Room at the City of Sunny Isles Beach, Sunny
Isles Beach Governmental Center located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors
and informalities, and to accept the Bid, which best serves the interest of the Owner.
All questions regarding Invitation to Bid No. 07-10-04 are to be directed in writinq to Rick Conner,
Engineering & Public Works Director, using email address:rconner@sibfl.net. Any questions or
clarifications concerning the Bid Specifications must be made to Rick Conner - Engineering & Public
Works Director, in writing, at least five (5) business days prior to the date of the Bid opening.
Jane Hines, CMC, City Clerk
City of Sunny Isles Beach
Publish Date: October 29. 2007
END OF SECTION
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BID No. 07-10-04
SECTION 3
INSTRUCTIONS TO BIDDERS
TO INSURE ACCEPTANCE OF YOUR BID, PLEASE FOLLOW THESE INSTRUCTIONS:
3.1. Purpose of Bid: The City of Sunny Isles Beach (the "City") intends to secure the services of a
qualified landscape contractor for landscape maintenance for three years with an option of two mutually
agreeable renewals of three years each (i.e. base contract of 3 years + one option of 3 years + one
option of 3 years = 9 years total). It is the intent of this bid document that all work shall result in
compliance with the specifications documents and all regulatory requirements applicable to such project.
It is the intent of the City to award this Contract to the Bidder it considers most favorable to the City's
interests on the basis of the queries and investigations described in the Contract Documents, even
though the successful Bidder may not necessarily be the lowest responsible/responsive Bidder.
3.2. Pre-Bid Conference: A mandatory Pre-Bid Conference is scheduled for the time and location
shown in Section 2. It is mandatory that all Bidders attend the pre-bid conference. 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 Bidder.
3.3. Clarification/Explanation/Questions: Any questions concerning the Bid Specifications or
any required need for clarification must be made to Rick Conner - Engineering & Public Works Director, in
writing, at least five (5) business days prior to the date of the Bid opening. Interpretations or
clarifications considered necessary by Rick Conner, Engineering & Public Works Director, in response to
such questions will be issued by addenda and posted/disseminated by DemandStar
(www.demandstar.com) to all parties listed on the official plan holders' list as having received the bidding
documents. Only questions answered by written addenda shall be binding. Oral interpretations or
clarifications shall be without legal effect. No plea of ignorance or delay or required need of additional
information shall exempt a Bidder from submitting their Bid on the required date and time as publicly
noted.
3.4. Planholder's List: As a convenience to vendors, the City of Sunny Isles Beach has made
available via internet lists of all planholders for each invitation to bid, request for proposal, and request
for qualifications. The information is available on-line at www.demandstar.com or by calling the Office of
the City Clerk at (305) 792-1703.
3.5. Addenda to Specifications: If any addenda are issued after the initial specifications are
released, the City will post and disseminate the addenda through DemandStar. For those projects with
separate plans, blue prints, or other materials that cannot be accessed through the internet, the Office of
the City Clerk will make good faith effort to ensure that all registered bidders (those who have been
registered as receiving a bid package) receive the documents. It is the responsibility of the vendor prior
to the submission of any bid to check the above website or contact the Office of the City Clerk at (305)
792-1703 to verify any addenda issued. The receipt of all addenda must be acknowledged on the Bid
Response Sheet.
3.6. Special Accommodations: Any person requiring a special accommodation at a Pre-Bid
Conference or Bid/RFPjRFQ opening because of a disability should call the Office of the City Clerk at
(305) 792-1703 at lease five (5) days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If you
are hearing or speech impaired, please contact the Office of the City Clerk by calling the City of Sunny
Isles Beach using the Florida Relay Service which can be reached at 1(800) 955-8771 (TDD).
3.7. Public Entity Crimes Statement: Pursuant to the provisions of paragraph (2) (a) of section
287.133, Florida statutes -lOa person or affiliate who has been placed on the convicted vendor list
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BID No. 07-10-04
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, sub-Contractor, 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".
3.8. Bid Deadline: Bids must be submitted no later than the time and date shown in Section 2 of this
document.
3.9. Sealed Bid: The entire Bid Response Package shall be placed in an opaque envelope (with all
items listed on the bid checklist form and all other items required within this Invitation to Bid must be
executed) and submitted in a sealed envelope. Address your sealed envelope as follows:
IMPORTANT, BID ENCLOSED
Bid No. 07-10-04
City of Sunny Isles Beach - Office of the City Clerk - Fourth Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Bidders shall use the Bid forms furnished in this Invitation to Bid. Failure to do so may cause the Bid to
be rejected. Bidder shall deliver to the City, as Bid submission:
3.9.1 Bid Response Sheet and Forms: One (1) original and four (4) copies of all Bid forms and other
requested information on the proper forms and in the manner herein prescribed.
3.9.2 Bid Security/Bonding Requirements: Bid Security in the form of a cashier's check or approved Bid
Bond in the amount of five percent (5%) of the total amount of the base bid must be attached to
the front inside cover of the Bid Specifications. A company or personal check shall not be
deemed a valid Bid Security.
3.9.3 Certificates of Competencies/licenses/Local Business Tax Receipt: Copies of all Certificates of
Competencies, Licenses, and Local Business Tax Receipt.
3.9.4 Certificate(s) Of Insurance(s): Copies of all Certificates of Insurance naming the City as an
additional insured in the amounts specified in the Contract.
3.10. Bid Execution, Signatures, Erasure/Correction: All Bids shall be signed in blue ink. All price
quotes shall be typewritten or printed with ink. All corrections made by the bidder prior to the opening
must be initialed and dated by the bidder. No changes or corrections will be allowed after bids are
opened. Bids must contain an original, manual signature of an authorized representative of the
company.
3.11. Withdrawal of Bids: Bidders may withdraw bids only by written request and shall forward the
withdrawal request via "Certified U.S. Mail - Return Receipt Requested" prior to the bid opening time.
Negligence on the part of the Bidder in preparing the Bid confers no right for the withdrawal of the bid
after it has been opened.
3.12. Bid Opening: Bids will be opened publicly at the time and place stated in the Notice to Bidders.
It is the responsibility of the bidder to insure that the bid reaches the Office of the City Clerk on or before
the closing hour and date stated on the invitation to bid. After the bid opening, the contents of the bid
form will be made public for the information of vendors and other interested parties who may be present
either in person or by representative. Bids that are received after the bid opening time will not be
considered and will not be returned.
3.13. Evaluation of Bids: The City, at its sole discretion, reserves the right to inspect any/all Bidder's
facilities to determine their capability of meeting the requirements for the Contract. Also, price,
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BID No. 07-10-04
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
the Contract.
3.13.1. Hold Harmless: All Bidder's 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.
3.13.2. Cancellation: Failure on the part of the Bidder to comply with the conditions, specifications,
requirements, and terms as determined by the City, shall be just cause for cancellation of the
Award.
3.13.3. 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.
3.14. Award of Bids: The staff will review the Bids based on the bid price, the capacity, ability and
skill of the Bidder to perform the work, the past performance of the Bidder, and the proximity of the
Bidder's facilities to the City of Sunny.
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).
In addition, each bidder agrees to waive any claim it has or may have against the City, and the respective
employees, arising out of or in connection with the administration, evaluation, or recommendation of any
bid. Final determination and award of Bid(s) shall be made by the City Commission. Notice of intended
award is provided through an agenda item to the City of Sunny Isles Beach Commission containing a
recommendation of award. The agenda for each meeting of the City of Sunny Isles Beach Commission is
available on the City website at www.sibfl.net.
3.15. Agreement: After the bid award, the City will, at its option, prepare an Agreement specifying
the terms and conditions resulting from the award of this bid. Procurement of contractual services shall
be evidenced by a written Agreement in substantially the same form as the Agreement incorporated
herein as Section 14. The vendor will have ten (10) calendar days after notification of the award by the
City to execute the Agreement and provide the required Performance Bond and Payment Bond.
The Bidder who has the Contract awarded to them and who fails to execute the Agreement and furnish
the Performance and Payment Bonds and Insurance Certificates within the specified time shall forfeit the
Bid Security that accompanied their Bid, and the Bid Security shall be retained as liquidated damages by
the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in
case the Bidder fails to enter into the Contract and furnish the Bonds as herein before provided. Bid
Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be
subject to the same requirements as a Bid Bond.
The performance of the City of Sunny Isles Beach of any of its obligations under the agreement shall be
subject to and contingent upon the availability of funds lawfully expendable for the purposes of the
agreement for the current and any future periods provided for within the bid specifications.
3.16. Performance and Payment Bond: The City of Sunny Isles Beach shall require the successful
Bidder to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Bid
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BID No. 07-10-04
Price, 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 within ten (10) calendar days after notification of the award by the City. The bonds shall be
with a surety company authorized to do business in the State of Florida.
3.17. Price, Terms, and Conditions: Bidder warrants that this Bid will be firm for a period of ninety
(90) days from the date of the Bid opening unless otherwise stated in the Bid Form. Incomplete,
unresponsive, irresponsible, vague, or ambiguous responses to the invitations to Bid will be cause for
rejection, as determined by the City. Prices should be stated in units of quantity specified in the Bid
Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest
net cost to the City. Bidders are expected to examine the specifications, delivery schedule, bid prices and
extensions and all general and special conditions of the bid prior to the submission. In case of an error
in price extension, the unit price(s) will govern. 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 their responsibility
as noted herein.
3.18. Independent Contractor Status: The contractor shall at all times, relevant to this contract,
be an independent contractor and in no event shall the Contractor nor any employees or sub-contractors
under it be considered to be employees of the City of Sunny Isles Beach.
3.19. 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.
3.20. Brand Names: If a brand name, make, of any "or equal" manufacturer 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.
3.21. Material: Material(s) delivered to the City 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 seller's expense.
3.22. 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 Bidder's name and manufacturer's brand name
and delivered by them within ten (10) calendar days of Bidder's receipt of the "Notice to Proceed", unless
schedule indicates 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.
3.23. Quantity Guaranty: No guarantee or warranty is given or implied by the City as to the total
amount that mayor 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 increase or decrease quantities as required, even significantly. The prices offered herein and
the percentage rate of discount applies to other representative items not listed in this Bid.
3.24. 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. Exceptions shall
be noted. When practical, the City may make pick-ups at the vendor's place of business when specifically
approved by the City.
3.25. Governmental Restrictions on Materials: 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 their 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
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BID No. 07-10-04
adjustments occasioned thereby, or to cancel at no further expense to the City.
3.26. 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 a materials data safety sheet (MSDS) when applicable.
3.27. Warranties: 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 the Bid Form that prices quoted here are in conformity with
the latest Federal Price Guidelines.
3.28. Copyrights/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.
3.29. Local Business Tax (Occupational License Registration): The contractor shall be
responsible for obtaining and maintaining throughout the contract period his or her city and county local
business tax receipts. Each vendor submitting a bid on this Invitation to Bid shall include a copy of the
company's local business tax/occupational Iicense(s) with the bid response. For information specific to
City of Sunny Isles Beach local business tax/occupational licenses, please call Code Enforcement &
Licensing at (305) 792-1705. If the contractor is operating under a fictitious name as defined in Section
865.059, Florida Statutes, proof of current registration with the Florida Secretary of State shall be
submitted with the bid. A business formed by an attorney actively licensed to practice law in this state,
by a person actively licensed by the Department of Business and Professional Regulations or the
Department of Health for the purpose of practicing his or her licensed profession, or by any corporation,
partnership, or other commercial entity that is actively organized or registered with the Department of
State shall submit a copy of the current licensing from the appropriate agency and/or proof of current
active status with the Division of Corporations of the State of Florida.
3.30. Liability, Insurance, Permits and Licenses: Bidder shall 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 their agent)
or any person the Bidder has designated in the completion of their contract as a result of the Bid.
Contractor shall be required to furnish a copy of all licenses, certificates of competency or other licensor
requirements necessary to practice their profession as required by Florida State Statute, current building
code, Miami-Dade County, and City of Sunny Isles Beach Code. Contractors shall include current Miami-
Dade County Certificates of Competency. These documents shall be furnished to the City along with the
Bid response. Failure to furnish these documents or to have required licensor will be grounds for
rejecting the Bid and forfeiture of the Bid Bond.
3.31. Certificate(s} of Insurance: Bidder shall furnish to the Office of the City Clerk, City of Sunny
Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which
indicate that insurance coverage has been obtained from an insurance company authorized to do
business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those
coverage types and amounts listed in this document, 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). The
City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. The
required certificates of insurance shall not only name the types of policies provided, but shall also refer
specifically to this bid and section. At the time of Bid submission the Bidder must submit certificates of
insurance as outlined in the General Conditions section. All required insurances shall name the City of
Sunny Isles Beach as additional insured and such insurance shall be issued by companies authorized to
issue insurance in the State of Florida. It shall be the responsibility of the Bidder and insurer to notify the
finance support services director of the City of Sunny Isles Beach of cancellation, lapse, or material
modification of any insurance policies insuring the Bidder, 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
finance support service director thirty (30) days prior to cancellation of such policies. This requirement
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shall be reflected on the certificate of insurance. 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 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.
3.32. Assignment: The Contractor shall not transfer or assign the performance required by this Bid
without prior written consent of the City Manager. Any award issued pursuant to the Invitation to Bid
and monies which may be due hereunder are not assignable except with prior written approval of the City
Manager. Further, in the event that the majority ownership or control of the Contractor changes hands
subsequent to the award of this contract, Contractor shall promptly notify City in writing (via United
States Postal Service - Certified Mail, Return Receipt Requested) of such change in ownership or control
at least thirty (30) days prior to such change and City shall have the right to terminate the contract upon
sixty (60) days written notice, at City's sole discretion.
3.33. Hold Harmless/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, their 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.
3.34. Non-conformance 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 their
own expense and redelivered at their 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 its own property.
Rejection for non-conformance or failure to meet delivery schedules may result in the Contractor being
found in default.
3.35. 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.
3.36. 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.
3.37. Time of completion: The time of completion of the work to be performed under this contract
is the essence of the contract. Delays and extensions of time may be allowed only in accordance with
the provisions stated in the appropriate section of the general conditions. The time allowed for the
completion of the work shall be stated in the Contract. END OF SECTION
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BID NO. 07-10-04
SECTION 4
GENERAL CONDITIONS
4.1. Definitions: Wherever used in these General Conditions or in the other Contract Documents, the
following terms shall have the meaning indicated which shall be applicable to both the singular and plural
thereof:
Acceptance: Acceptance by the City of the Work as being fully complete in accordance with the
Contract Documents subject to waiver of claims.
Agreement: The written Agreement between the City and the Contractor covering the Work to
be performed, which includes the Contract Documents.
Addenda: Written or graphic instruments issued prior to the Bid Opening which modify or
interpret the Contract Documents, Drawings and Specifications, by addition, deletions,
clarifications or corrections.
Approved: Means approved by the City.
Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
Bidder: Any person, firm or corporation submitting a Bid for Work.
Bonds: Bid, performance and payment bonds and other instruments of security, furnished by
the Contractor and their surety in accordance with the Contract Documents and in accordance
with the law of the State of Florida.
Change Order: A written order to the Contractor signed by the City authorizing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time
issued after execution of the Agreement.
City: City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
Contract Documents: Contract Documents shall include, Instructions to Bidders, Contractor's
Bid, the Bonds, the Notice of Award, these General Conditions, Special Conditions, the Technical
Specifications, Drawings and Modifications, Notice to Proceed, Invitation to Bid, Insurance
Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles
Beach.
Contract Price: The total monies payable to the Contractor under the Contract Documents.
Contract Time: The number of calendar days stated in the Agreement for the completion of
the Work.
Contracting Officer: The individual who is authorized to sign the contract documents on behalf
of the City's governing body.
Contractor: The person, firm or corporation with whom the City has executed this Agreement.
Day: A calendar day of twenty-four hours measured from midnight to the next midnight.
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BID No. 07-10-04
Field Order: A written order issued by the City which clarifies or interprets the Contract
Documents or orders minor changes in the Work.
Modification: Modification means anyone of the following: (a) a written amendment of the
Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or
interpretation if issued by the City, or (d) a written order for minor change or alteration in the
Work issued by the City. A modification may only be issued after execution of the Agreement.
Notice of Award: The written notice by City to the apparent successful Bidder stating that upon
compliance with the condition s precedent to be fulfilled by him within the time specified, City will
execute and deliver the Agreement to him.
Notice to Proceed: A written notice given by City to Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform their
obligations under the Contract Documents.
Project: The entire landscape maintenance services to be performed as proVided in the
Contract Documents.
Samples: Physical examples which illustrate materials, equipment or workmanship and
establish standards by which the Work will be judged.
Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data
which are prepared by the Contractor, a Sub-Contractor, manufacturer, supplier, or distributor,
and which illustrate the equipment, material or some portion of the work and as required by the
Contract Documents.
Specifications: Those portions of the Contract Documents consisting of written technical
descriptions of materials, equipment, construction systems, standards and workmanship as
applied to the Work.
Statement of Services: The form furnished by the City which is to be used by the Contractor in
requesting progress payments.
Sub-Contractor: An individual, firm or corporation having a direct contract with Contractor or
with any other Sub-Contractor for the performance of a part of the Work at the site.
Substantial Completion: The date as certified by the City when the construction of the
Project or a certified part thereof is sufficiently completed, in accordance with the Contract
Documents, so that the Project or specified part can be utilized for the purposes for which it was
intended; or if there be no such certification, the date when final payment is due.
Supplier: Any person or organization who supplies materials or equipment for the Work,
including that fabricated to a special design, but who does not perform labor at the site.
Surety: The corporate body which is bound with the Contractor and which engages to be
responsible for the Contractor and their acceptable performance of the Work.
Work: Any and all obligations, duties and responsibilities necessary to the successful
completion of the Project assigned to or undertaken by Contractor under the Contract
Documents, including all labor, materials, equipment and other incidentals, and the furnishing
thereof.
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Written Notice: The term "Notice" as used herein shall mean and include all written notices,
demands, instructions, claims, approvals and disapproval's required to obtain compliance with
Contract requirements. Written notice shall be deemed to have been duly served if delivered in
person to the individual or to a member of the firm or to an officer of the corporation for whom it
is intended, or to an authorized representative or such individual, firm, or corporation, or if
delivered at or sent by registered mail to the last business address known to them who gives the
notice. Unless otherwise stated in writing, any notice to or demand upon the City under this
Contract shall be delivered to the City.
4.2. Bid Award: The City reserves the right to reject any and all Bids at its sole discretion. Bids shall
be awarded by the City after the City performs all necessary searches, inquiries, exploration, and analysis
of the bids, and awards the Bid to the Bidder it considers most favorable to the City's interests. No
Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to
establish the Bidder's capability to perform the public works and landscape maintenance services as
described in this Contract, as substantiated by the required professional experience, client references,
technical knowledge and qualifications; and sufficient labor and equipment to comply with the City's
established public works and landscape maintenance standards, as well as the financial capability of the
Bidder to perform the Work in accordance with the Contract Documents to the satisfaction of the City
within the time prescribed. The City reserves the right to reject the Bid of any Bidder on the basis of
these queries and investigations and who does not meet the City's satisfaction, even though the firm may
possibly be the apparent lowest bidder. In analyzing Bids, the City will also take into consideration client
references, past work experience and work product, proven ability to satisfactorily perform public works
services and landscape maintenance services, to maintain a comparable complex and sophisticated
irrigation system, maintain Bermuda turf and complex landscaping to City standards; and alternate and
unit prices if requested by the Bid forms. If the Contract is awarded, the City will issue the Notice of
Award and give the successful Bidder a Contract for execution within ninety (90) days after opening of
Bids. The City specifically reserves the right to award the contract to a bidder who is not necessarily the
lowest bidder on the basis of the results of these queries and investigation(s).
4.3. Execution of Agreement: At least four counterparts of the Agreement (in substantially the same
form as the Agreement attached hereto as Section 14) the Performance and Payment Bond, the
Certificates of Insurance and such other Documents as required by the Contract Documents shall be
executed and delivered by Contractor to the City within ten (10) calendar days of receipt of the Notice of
Award.
4.4. Forfeiture of Bid Security, Performance and Payment Bond: Within ten (10) calendar days
of being notified of the award, Contractor shall furnish an executed agreement (in substantially the same
form as the Agreement attached hereto as Section 14) and attach a Performance Bond and a Payment
Bond (containing all the provisions of the Performance Bond and Payment Bond herein). Each Bond shall
be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the
completion and performance of the Work covered in such Contract as well as full payment of all suppliers,
material man, laborers, or Sub-Contractors employed pursuant to this Project. Each Bond shall be with a
Surety company meeting the qualifications of this document. Each Bond shall continue in effect for one
and one half years after final completion and acceptance of the Work with the liability equal to one
hundred percent (100%) of the Contract Sum. The Performance Bond shall be conditioned that
Contractor will, upon notification by City, correct any defective or faulty Work or materials which appear
within one and one half years after final completion of the Contract. Pursuant to the requirements of
Section 255.05(1), Florida Statutes, Contractor shall ensure that the Bond(s) referenced above shall be
recorded in the public records of Miami-Dade County and provide City with evidence of such recording.
4.4.1. Each Bond must be executed by a surety company authorized to do business in the State of
Florida as a surety, having a resident agent in the State of Florida and having been in business
with a record of successful continuous operation for at least five (5) years.
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4.4.2. The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current
Revisions.
4.4.3. The City will accept a surety bond from a company with a rating B+ or better.
4.4.4. Failure of the successful Bidder to execute and deliver the Agreement and deliver the required
bonds and Insurance Certificates as stipulated in paragraph 4.3 shall be cause for the City to
annul the Notice of Award and declare the Bid and any security therefore forfeited.
4.5. Contractor's Pre-Start Representation: Contractor represents that they have familiarized
themselves with, and assumes full responsibility for having familiarized themselves with the nature and
extent of the Contract Documents, Work, locality, and with all local conditions and federal, State and local
laws, ordinances, rules and regulations that may in any manner affect performance of the Work, and
represents that they have correlated their study and observations with the requirements of the Contract
Documents. Contractor also represents that they have studied all surveys and investigations reports of
subsurface and latent physical conditions referred to in the specifications and made such additional
surveys and investigations as they deem necessary for the performance of the Work in the Contract
Documents and that they have correlated the results of all such data with the requirements of the
Contract Documents.
4.6. Commencement of Contract Time: The Contract Time will commence to run on the date
stated in the Notice to Proceed.
4.7. Starting the Project: Contractor shall start to perform their obligations under the Contract
Documents on the date when the Contract Time commences to run. No Work shall be done at the site
prior to the date on which the Contract Time commences to run, except with the written consent of the
City.
4.8. Before Starting Contract: Before undertaking each part of the Work, Contractor shall
carefully study and compare the Contract Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. They shall at once report in writing to City any conflict,
error, or discrepancy which they may discover; however, they shall not be liable to City for their failure to
discover any conflict, error, or discrepancy in the Specifications.
4.9. Pre-Start Meeting: Within five (5) days after delivery of the executed Agreement by City to
Contractor, but before starting the Work at the site, a Pre-Start conference will be held to review the
above schedules, and for processing Statement of Services, and to establish a working understanding
between the parties as to the Project. Present at the conference will be the City representative and the
Contractor.
4.10. Correlation, Interpretation, and Intent of Contract Documents: It is the intent of the
Specifications to describe a complete Project to be delivered in accordance with the Contract Documents.
The Contract Documents comprise the entire Agreement between the City and the Contractor. They may
be altered only by a Modification. The Contract Documents are complementary; what is called for by one
is as binding as if called for by all. If Contractor finds a conflict, error or discrepancy in the Contract
Documents, they shall call it to the City's attention in writing at once and before proceeding with the
Work affected thereby. The various Contract Documents shall be given precedence in case of conflict,
error or discrepancy, as follows: Change Orders, Supplemental General Conditions, Agreement
Modifications, Addenda, Special Conditions, Instructions to Bidders, General Conditions, and
Specifications. If the requirements of other Contract Documents are more stringent than those of the
Supplemental General Conditions, the more stringent requirements shall apply. The words "furnish" and
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BID No. 07-10-04
"furnish and install", "install", and "provide" or words with similar meaning shall be interpreted, unless
otherwise specifically stated, to mean "furnish and install complete in place and ready for service".
Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure or plant, providing the
indicated function, shall be furnished and installed without change in the Contract Price. Such
miscellaneous items and accessories shall be of the same quality standards, including material, style,
finish, strength, class, weight and other applicable characteristics, as specified for the major component
of which the miscellaneous item or accessory is an essential part, and shall be approved by the City
before installation. The above requirement is not intended to include major components not covered by
or inferable from the Specifications. The Work of all trades under this Contract shall be coordinated by
the Contractor in such manner as to obtain the best workmanship possible for the entire Project, and all
components of the Work shall be installed or erected in accordance with the best practices of the
particular trade.
4.11. Availability of Lands: The City will furnish, as indicated in the Contract Documents, the lands
upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are
designed for the use of the Contractor. Easements for permanent structures or permanent changes in
existing facilities will be obtained and paid for by the City unless otherwise specified in the Contract
Documents.
4.12. Contractor's Liability Insurance: Contractor shall provide and maintain in force until all the
Work to be performed under this Contract has been completed and accepted by City (or for such duration
as is otherwise specified hereinafter), the insurance coverage set forth:
4.12.1. Worker's Compensation insurance at the statutory amount to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of Florida and all applicable
federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory
coverage amount. The Contractor shall further insure that all of its Sub-Contractors maintain
appropriate levels of worker's compensation insurance.
4.12.2. Comprehensive General Liability with minimum limits of Four Million Dollars ($4,000,000.00)
per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
4.12.2.7.
Premises and Operation
Independent Contractors
Products and/or Completed Operations Hazard
Explosion, Collapse and Underground Hazard Coverage
Broad Form Property Damaged
Broad Form Contractual Coverage applicable to this specific Contract, including
any hold harmless and/or indemnification agreement.
Personal Injury Coverage with Employee and Contractual Exclusions removed,
with minimum limits of coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
4.12.2.1
4.12.2.2
4.12.2.3.
4.12.2.4.
4.12.2.5.
4.12.2.6.
4.12.3. Business Automobile Liability with minimum limits of One Million Dollars (1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
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BID No. 07-10-04
4.12.3.1
4.12.3.2
4.12.3.3
Owned Vehicles;
Hired and Non-Owned Vehicles;
Employers' Non-Ownership.
4.12.4. Before starting the Work, the Contractor will file make sure that all certificates of insurance
required by this document and by the Contract are in the City's possession. These certificates
shall contain a provision that the coverage afforded under the policies will not be canceled or
materially changed until at least thirty (30) days prior written notice has been given to the City
by certified mail. The City shall be named as an additional insured on the above-referenced
policies.
4.12.5. The Contractor agrees that if any part of the Work under the Contract is sublet, they will require
the Sub-Contractor(s) to carry insurance as required, and that they will require the Sub-
Contractor(s) to furnish to them insurance certificates similar to those required by the City in
this section.
4.13. Cancellation and Re-Insurance: If any insurance should be canceled or changed by the
insurance company or should any insurance expire during the period of this contract, the Contractor shall
be responsible for securing other acceptable insurance to proVide the coverage specified in this section to
maintain coverage during the life of this Contract. All deductibles must be declared by the Contractor
and must be approved by the City. At the option of the City, either the Contractor shall eliminate or
reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to the City, covering
the same.
4.14. Contractor's Responsibility: The Contractor shall have the following responsibilities:
4.14.1. The Contractor will not employ any Sub-Contractor, against whom the City may have reasonable
objection, nor will the Contractor be required to employ any Sub-Contractor who has been
accepted by the City, unless the City determines that there is good cause for doing so.
4.14.2. The Contractor shall be fully responsible for all acts and omissions of their Sub-Contractors and
of persons and organizations directly or indirectly employed by them and of persons and
organizations for whose acts any of them may be liable to the same extent that they are
responsible for the acts and omissions of persons directly employed by them. Nothing in the
Contract Documents shall create any contractual relationship between City or Contractor and
any Sub-Contractor or other person or organization having a direct contract with Contractor, nor
shall it create any obligation on the part of City to payor to see to payment of any persons due
any Sub-Contractor or other person or organization, except as may otherwise be required by
law. City may furnish to any Sub-Contractor or other person or organization, to the extent
practicable, evidence of amounts paid to the Contractor on account of specified Work done in
accordance with the schedule values.
4.14.3. The divisions and sections of the Specifications shall not control the Contractor in dividing the
Work among Sub-Contractors or delineating the Work performed by any specific trade.
4.14.4. The Contractor agrees to bind specifically every Sub-Contractor to the applicable terms and
conditions of the Contract Documents for the benefit of the City.
4.14.5. All Work performed for the Contractor by a Sub-Contractor shall be pursuant to an appropriate
agreement between the Contractor and the Sub-Contractor.
4.14.6. The Contractor shall be responsible for the coordination of the trades, Sub-Contractors and
material and men engaged upon their Work:
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BID No. 07-10-04
4.14.6.1. The Contractor shall cause appropriate provIsions to be inserted in all
subcontracts relative to the Work to bind Sub-Contractors to the Contractor by the terms of
these General Conditions and other Contract Documents insofar as applicable to the Work of
Sub-Contractors, and give the Contractor the same power as regards to terminating any
subcontract that the City may exercise over the Contractor under any provisions of the Contract
Documents.
4.14.6.2. The City will not undertake to settle any differences between the Contractor and
their Sub-Contractors or between Sub-Contractors.
4.14.6.3. If in the opinion of the City, any Sub-Contractor on the Project proves to be
incompetent or otherwise unsatisfactory, they shall be promptly replaced by the Contractor if
and when directed by the City in writing.
4.15. Laws and Regulations: The Contractor will give all notices and comply with all laws,
ordinances, rules and regulations applicable to the Work. If the Contractor observes that the
Specifications are at variance therewith, they will give the City prompt written notice thereof, and any
necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any
Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice
to the City, they will bear all costs arising wherefrom.
4.16. Taxes: The City of Sunny Isles Beach is exempt from sales tax imposed by the State and/or
Federal Government. Florida Sales Tax Exemption No. 23-00-477131-54C appears on each purchase
order. Exemption certificates are available upon request.
4.17. Safety and Protection: The Contractor will be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work. They will take all necessary
precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss
to:
4.17.1. All employees and other persons who may be affected thereby;
4.17.2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or
off the site;
4.17.3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction; and
4.17.4. The Contractor will designate a responsible member of their organization at the site whose duty
shall be the prevention of accidents. This person shall be the Contractor's Superintendent unless
otherwise designated in writing by the Contractor to the City.
4.18. Emergencies: In emergencies affecting the safety of persons or the Work or property at the
site or adjacent thereto, the Contractor, without special instruction or authorization from the City, is
obligated to act, at their discretion, to prevent threatened damage, injury or loss. They will give the City
prompt written notice of any significant changes in the Work or deviations from the Contract Documents
caused thereby. If the Contractor believes that additional Work done by them in an emergency which
arose from causes beyond their control entitles them to an increase in the Contract Price or an extension
of the Contract Time, they may make a claim therefore as provided in this document.
4.18.1. The Contractor will also submit to the City for review, with such promptness as to cause no
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BID No. 07-10-04
delay in Work, all samples and photographs required by the Contract Documents. All samples
and photographs will have been checked by and stamped with the approval of the Contractor,
identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for
which intended.
4.18.2. At the time of each submission, the Contractor will in writing call the City's attention to any
deviations that the photographs or sample may have from the requirements of the Contract
Documents.
4.18.3. The City will review with responsible promptness Photographs and Samples, but their review
shall be only for conformance with the design concept of the Project and for compliance with
the information given in the Contract Documents. The Contractor will make any corrections
required by the City and will return the required number of corrected copies of Photographs and
resubmit new samples until the review is satisfactory to the City.
4.18.4. No Work requiring a Photograph or sample submission shall be commenced until the submission
has been reviewed by the City. A copy of each Photograph and each approved sample shall be
kept in good order by the Contractor at the site and shall be available to the City.
4.18.5. The City's review of Photographs or samples shall not relieve the Contractor from their
responsibility for any deviations from the requirements of the Contract Documents unless the
Contractor has in writing called the City's attention to each deviation at the time of submission
and the City has given written approval to the specific deviation, nor shall any review by the City
relieve the Contractor from responsibility for supplying the plant material as specified
4.19. Public Convenience and Safety: The Contractor shall, at all times, conduct the Work in such
a manner as to insure the least practicable obstruction to public travel. The convenience of the general
public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory
manner, consistent with the operation and local conditions. During the day, access to private property
shall be for short durations, if at all, and in the evening, access to private property shall always be
available.
4.20. Indemnification: In consideration of the separate sum of twenty-five dollars ($25.00) and
other valuable consideration, the Contractor shall indemnify and save harmless the City, its officers,
agents and employees, from or on account of any injuries or damages, received or sustained by any
person or persons during or on account of any operations connected with the construction of this Project,
or by or in consequence of any negligence (excluding negligence of City), in connection with the same; or
by use of any improper materials or by or on account of any act or omission of the said Contractor or his
Sub-Contractor, agents, servants or employees. The Contractor will indemnify and hold harmless the City
and their agents or employees from and against all claims, damages, losses and expenses including
attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim
damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than Work itself) including the loss of use resulting wherefrom and
(b) is caused in whole or in part by any negligent act or omission of the Contractor, Sub-Contractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be
liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that a
court of competent jurisdiction determines that See. 725.06 (2), F.S. is applicable to this Work, then in
lieu of the above provisions of this section the parties agree that Contractor shall indemnify and hold
harmless the City, their officers and employees, to the fullest extent authorized by See. 725.06 (2) F.S.,
which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth
herein. In the event that any action or proceeding is brought against City by reason of any such claim or
demand, Contractor, upon written notice from City shall defend such action or proceeding by counsel
satisfactory to City. The indemnification provided above shall obligate Contractor to defend at its own
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BID No. 07-10-04
expense or to provide for such defense, at City's option, any and all claims of liability and all suits and
actions of every name and description that may be brought against City, excluding only those which
allege that the injuries arose out of the sole negligence of City, which may result from the operations and
activities under this Contract whether the construction operations be performed by Contractor, its Sub-
Contractors, or by anyone directly or indirectly employed by either.
4.21. City's Responsibility: The City will issue all communications to the Contractor; the City will
furnish the data required of them under the Contract Documents promptly; and the City's duties in
respect to providing lands and easements are set forth in this section.
4.22. Measurement of Quantities: All work completed under the Contract will be measured by the
City according to the United States Standard Measures. All linear surface measurements will be made
horizontally or vertically as required by the item measured.
4.23. Rejecting Defective Work: The City will have authority to disapprove or reject Work which is
"defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or
does not conform to the requirements of the Contract Documents or does not meet the requirements of
any inspection, test or approval referred to in Special Condition, or has been damaged prior to final
acceptance).
4.24. Shop Drawings, Change Orders and Payments: In connection with the City's responsibility
as to Shop Drawings and Samples, Change Orders, Statement of Services, etc., see this section.
4.25. Decisions on Disagreements: The City will be the initial interpreter of the Technical
Specifications.
4.26. Changes in Work: Without invalidating the Agreement, the City may, at any time or from time
to time, order additions, deletions or revisions in the Work; these shall be authorized by Change Orders.
Upon receipt of a Change Order, the Contractor will proceed with the Work involved. All such Work shall
be executed under the applicable conditions of the Contract Documents. If any Change Order causes an
increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an
equitable adjustment will be made as provided in this document. A Change Order signed by the
Contractor indicates their agreement therewith.
4.26.1. The City may authorize minor changes or alterations in the Work not involving extra cost and not
inconsistent with the overall intent of the Contract Documents. These may be accomplished by a
Field Order. If the Contractor believes that any minor change or alteration authorized by the City
entitles them to an increase in the Contract Price or extension of Contract Time, they may make
a claim therefore as provided in this document.
4.26.2.Additional Work performed by the Contractor without authorization of a Change Order will not
entitle them to an increase in the Contract Price or an extension of the Contract Time, except in
the case of an emergency as provided in this document.
4.26.3. The City will execute appropriate Change Orders covering changes in the Work, to be performed
and Work performed in an emergency as provided in this section and any other claim of the
Contractor for a change in the Contract Time or the Contract Price which is approved by the City.
4.26.4. It is the Contractor's responsibility to notify his Surety of any changes affecting the general scope
of the Work or change in the Contract Price or Contract Time and the amount of the applicable
bonds shall be adjusted accordingly. The Contractor will furnish proof of such an adjustment to
the City.
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BID No. 07-10-04
4.27. Change of Contract Price: The Contract Price constitutes the total compensation payable to
the Contractor for performing the Work. All duties, responsibilities and obligations assigned to or
undertaken by the Contractor shall be at their expense without changing the Contract Price.
4.27.1. The City may, at any time, without written notice to the sureties, by written order designated or
indicated to be a Change Order, make any change in the Work within the general scope of the
Contract, including but not limited to changes: in the specifications (including drawings and
designs); in the method or manner of performance of the Work; in the City-furnished facilities,
equipment, materials, services, or site; or directing acceleration in the performance of the Work.
4.27.2. Except as herein provided, no order, statement, or conduct of the City shall be treated as a
change under this clause or entitle the Contractor to an equitable adjustment hereunder.
4.27.3. If any change order under this clause causes an increase or decrease in the Contractor's cost of,
or the time required for, the performance of any part of the Work, under this Contract, whether
or not changed by any order, an equitable adjustment shall be made and the Contract modified
in writing accordingly.
4.27.4. If the Contractor intends to assert a claim for an equitable adjustment under this clause, he
must, within ten (10) days after receipt of a written Change Order, submit to the City a written
notice including a statement setting forth the general nature and monetary extent of such claim,
and supporting data.
4.27.5. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if not
submitted in accordance with this section or if asserted after final payment under this Contract.
4.27.6. The value of any Work covered by a Change Order or of any claim for an increase or decrease in
the Contract Price shall be determined in one of the following ways: by negotiated lump sum; or
on the basis of the cost of the Work, determined as provided in this section, plus a mutually
agreed upon fee to the Contractor and to cover overhead and profit.
4.27.7. The term cost of the Work means the sum of all direct costs necessarily incurred and paid by the
Contractor in the proper performance of the Work. Except as otherwise may be agreed to in
writing by City, such costs shall be in amounts no higher than those prevailing in Miami-Dade
County, shall include only the following items and shall not include any of the costs itemized
hereunder.
4.27.7.1. Payroll costs for employees in the direct employ of Contractor in the performance of
the work described in the Change Order under schedules of job classifications agreed upon by
City and Contractor. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to:
salaries and wages, plus the costs of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' compensation, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees
shall include superintendents and foremen at the site. The expenses of performing Work after
regular working hours, on Sunday or legal holidays shall be included in the above only if
authorized by City.
4.27.7.2. Cost of all materials and equipment furnished and incorporated in the Work, including
costs of transportation and storage, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to Contractor unless City deposits funds with
Contractor with which to make payments in which case the cash discounts, shall accrue to the
City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and
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BID No. 07-10-04
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equipment shall accrue to Cityl and Contractor shall make provisions so that they may be
obtained.
4.27.7.3.Payments made by Contractor to the Sub-Contractors for Work performed by Sub-
Contractors. If required by City, Contractor shall obtain competitive bids from Sub-Contractors
acceptable to him and shall deliver such bids to City who will then determine which Bids will be
accepted. If a Subcontract provides that the Sub-Contractor is to be paid on the basis of Cost of
Work plus a feel the cost of the Work shall be determined in accordance with this section.
4.27.7.4. Rentals of all construction equipment and machinery and the parts thereof whether
rented from Contractor or others in accordance with rental agreements approved by City, and the
costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in
accordance with terms of said rental agreements. The rental of any such equipment, machinery
or parts shall cease when the use thereof is no longer necessary for the Work.
4.27.7.5. Sales, use or similar taxes related to the Work, and for which Contractor is liable,
imposed by any governmental authority.
4.27.7.6. Payments and fees for permits and licenses. Costs for permits and licenses must be
shown as a separate item.
4.27.7.7.The cost of utilities, fuel and sanitary facilities at the site.
4.27.7.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at
the site, expressage and similar petty cash items in connection with the Work.
4.27.7.9.Cost of premiums for additional Bonds and Insurance required solely because of
changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work.
4.27.8. The term Cost of the Work shall not include any of the following:
4.27.8.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators,
lawyers, agents, expediters, timekeepers, clerks and other personnel employed by Contractor
whether at the site or in his principal or a branch office for general administration of the Work
and not specifically included in the schedule referred to in this document - all of which are to be
considered administrative costs covered by the Contractor's fee.
4.27.8.2. Expenses of Contractor's principal and branch offices other than his office at the site.
4.27.8.3.Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4.27.8.4. Cost of premiums for all bonds and for all insurance policies whether or not Contractor
is required by the Contract Documents to purchase and maintain the same (except as otherwise
provided this document.
4.27.8.5. Costs due to the negligence of Contractor, any Sub-Contractor, or anyone directly or
indirectly employed by any of them of for whose acts any of them may be liable, including but
not limited to, the correction of defective work, disposal of materials or equipment wrongly
supplied and making good any damage to property.
4.27.8.6.Other overhead or general expense costs of any kind and the costs of any item not
PAGE 20 OF 92
BID No. 07-10-04
specifically and expressly included in this document.
4.27.9. The Contractor's fee which shall be allowed to Contractor for their overhead and profit shall be
determined as follows:
4.27.9.1. A mutually acceptable firm fixed price; or if none can be agreed upon.
4.27.9.2. A mutually acceptable fixed fee based on the estimate of the various portions of the
cost of the Work.
4.27.10. The amount of credit to be allowed by Contractor to City for any such change which results in a
net decrease in cost, will be the amount of the actual net decrease. When both additions and
credits are involved in anyone change, the net shall be computed to include overhead and profit,
identified separately, for both additions and credit, provided however, the Contractor shall not be
entitled to claim lost profits for any Work not performed.
4.27.11. Whenever cost of any Work is to be determined pursuant to this document, Contractor will
submit in form prescribed by City an itemized cost breakdown together with supporting data.
4.28. Payments to Contractor: At least ten (10) days before each progress payment falls due (but
not more often than once a month), the Contractor will submit to the City a partial payment estimate
filled out and signed by the Contractor covering the Work performed during the period covered by the
partial payment estimate and supported by such data as the City may reasonably require.
4.28.1. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at or near site, the partial payment estimate shall also be
accompanied by such supporting data, satisfactory to the City, as will establish the City's title to
the material and equipment and protect their interest therein, including applicable insurance.
The City will within ten (10) days after receipt of each partial payment estimate, either indicate in
writing their approval of payment and present the partial payment estimate to the City, or return
the partial payment estimate to the Contractor, indicating in writing their reasons for refusing to
approve payment. In the latter case, the Contractor may make the necessary corrections and
resubmit the partial payment estimate. The City, will within thirty (30) days of presentation to
them of any approved partial payment estimate, pay the Contractor a progress payment on the
basis of the approved partial payment estimate. The City may retain ten (10) percent of the
amount of each payment until final completion and acceptance of all Work covered by the
Contract Documents. On completion and acceptance of a part of the Work on which the price is
stated separately in the Contract Documents, payment may be made in full, including retained
percentages, less authorized deductions. Any interest earned on the retainage shall accrue to
the benefit of the City.
4.28.2. The City shall have the right to demand and receive from the Contractor, before he shall receive
final payment, final releases of lien executed by all persons, firms or corporations who have
performed or furnished labor, services or materials, directly or indirectly, used in the Work.
Likewise, as a condition to receiving any progress payment, the City may require the Contractor
to furnish partial releases of lien executed by all persons, firms and corporations who have
furnished labor, services or materials incorporated into the Work during the period of time for
which the progress payment is due, releasing such lien rights those persons, firms or
corporations may have for that period.
4.28.3. The Contractor warrants and guarantees that title to all Work, materials and equipment covered
by an Application for Payment, whether incorporated in the Project or not, will have passed to
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BID No. 07-10-04
the City prior to the making of the Application for Payment, free and clear of all liens, claims,
security interest and encumbrances (hereafter in these General Conditions referred to as
"Liens"); and that no Work, materials or equipment covered by an Application for Payment will
have been acquired by the Contractor or by any other person performing the Work at the site or
furnishing materials and equipment for the Project, subject to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
Contractor or such other person.
4.29. Acceptance of Final Payment as Release: The Acceptance by the Contractor of final
payment shall be and shall operate as a release to the City and a waiver of all claims and all liability to
the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for
all things done or furnished in connection with the Work and for every act and neglect of the City and
others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release
the Contractor of their sureties from any obligations under the Contract Documents or the Performance
Bond and Payment Bonds.
4.30. Suspension Of Work And Termination: The City may, at any time and without cause,
suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in
writing to the Contractor which shall fix the date on which Work shall be resumed. For suspensions
longer than ninety (90) days, the Contractor may be allowed an increase in the Contract Price or an
extension of the Contract Time, or both.
4.31. Work During Inclement Weather: No Work shall be done under these specifications except
by permission of the City when the weather is unfit for good and careful Work to be performed. Should
the severity of the weather continue, the Contractor upon the direction of the City, shall suspend all Work
until instructed to resume operations by the City and the Contract Time pursuant to this section shall be
extended to cover the duration of the order.
4.32. City May Terminate: If the Contractor is adjudged bankrupt or insolvent, or if they make a
general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the
Contractor or for any of their property, or if they file a petition to take advantage of any debtor's act, or
to reorganize under bankruptcy or similar laws, or if they repeatedly fails to supply sufficient skilled
workmen or suitable materials or equipment, or if they repeatedly fail to make prompt payments to Sub-
Contractors or for labor, materials or equipment or they disregards laws, ordinances, rules, regulations
or orders of any public body having jurisdiction, or if they disregard the authority of the City, of if they
otherwise violates any provision of, the Contract Documents, then the City may, without prejudice to any
other right or remedy and after giving the Contractor and the surety ten (10) days written notice,
terminate the services of the Contractor and take possession of the Project and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish
the Work by whatever method they may deem expedient. In such case the Contractor shall not be
entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract
Price exceeds the direct and indirect costs of completing the Project, including compensation for
additional professional services, such excess shall be paid to the Contractor. If such costs exceed such
unpaid balance, the Contractor will pay the difference to the City. Such costs incurred by the City will be
determined by the City and incorporated in a Change Order. If after termination of the Contractor under
this Section, it is determined by a court of competent jurisdiction for any reason that the Contractor was
not in default, the rights and obligations of the City and the Contractor shall be the same as if the
termination had been issued pursuant to this document.
4.32.1. Where the Contractor's services have been so terminated by the City said termination shall not
affect any rights of the City against the Contractor then existing or which may thereafter accrue.
Any retention or payment of moneys by the City due the Contractor will not release the
Contractor from liability.
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BID No. 07-10-04
4.32.2. Upon ten (10) days written notice to the Contractor, the City may, without cause and without
prejudice to any other right or remedy, elect to terminate the Agreement. In such case, the
Contractor shall be paid for all Work executed and accepted by the City as of the date of the
termination. No payment shall be made for profit for Work which has not been performed.
4.33. Removal of Equipment: In the case of termination of this Contract before completion for any
cause whatever, the Contractor, if notified to do so by the City, shall promptly remove any part or all of
his equipment and supplies from the property of the City. Should the Contractor not remove such
equipment and supplies, the City shall have the right to remove them at the expense of the Contractor.
Equipment and supplies shall not be construed to include such items for which the Contractor has been
paid in whole or in part.
4.34. Miscellaneous: Bidder acknowledges the following miscellaneous conditions:
4.34.1. Whenever any provision of the Contract Documents requires the giving of written notice it shall
be deemed to have been validly given if delivered in person to the individual or to a member of
the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by
registered or certified mail, postage prepaid, to the last business address known to them who
gives the notice.
4.34.2. The Contract Documents shall remain the property of the City. The Contractor shall have the
right to keep one record set of the Contract Documents upon completion of the Project.
4.34.3. The duties and obligations imposed by these General Conditions, Special Conditions and
Supplemental Conditions and the rights and remedies available hereunder, and, in particular but
without limitation, the warranties, guarantees and obligations imposed upon Contractor and
those in the Special Conditions and the rights and remedies available to the City, shall be in
addition to, and shall not be construed in any way as a limitation of, any rights and remedies
available by law, by special guarantee or by other provisions of the Contract Documents.
4.34.4. Should the City or the Contractor suffer injury or damage to its person or property because of
any error, omission, or act of the other or of any of their employees or agents or others for
whose acts they are legally liable, claim shall be made in writing to the other party within a
reasonable time of the first observance of such in jury or damage.
4.35. Waiver of Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally
waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any
action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of
the Work thereunder.
4.35.1.Governing Law: The Contract shall be construed in accordance with and governed by the law
of the State of Florida.
4.35.2. Venue: Venue of any action to enforce the Contract Documents shall be in Miami-Dade County,
Florida.
4.35.3. Arbitration: It is the intention of the parties that whenever possible, if a dispute or controversy
arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the
procedures, rules and regulations of the American Arbitration Association. The decision rendered by the
Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County,
Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-
PAGE 23 OF 92
BID No. 07-10-04
prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of
the costs of arbitration and their respective attorneys' fees as may be determined by the court on
confirmation.
4.36. Project Records: City shall have right to inspect and copy during regular business hours at
City's expense, the books and records and accounts of Contractor which relate in any way to the Project,
and to any claim for additional compensation made by Contractor, and to conduct an audit of the
financial and accounting records of Contractor which relate to the Project. Contractor shall retain and
make available to City all such books and records and accounts, financial or otherwise, which relate to
the Project and to any claim for a period of three years following final completion of the Project. During
the Project and the three year period following final completion of the Project, Contractor shall provide
City access to its books and records upon five days written notice.
4.38. Severability: If any provision of the Contract or the application thereof to any person or
situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the
application of such provisions to persons or situations other than those as to which it shall have been
held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and
be enforced to the fullest extent permitted by law.
4.39. Independent Contractor: The Contractor is an independent Contractor under the Contract.
Services provided by the Contractor shall be by employees of the Contractor and subject to supervision
by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits, purchasing policies and other
similar administrative procedures, applicable to services rendered under the Contract shall be those of the
Contractor.
END OF SECTION
PAGE 24 OF 92
BID No. 07-10-04
SECTION 5
SUMMARY OF WORK
The Work covered by the Specifications, Plans and other Contract Documents, shall be landscaping
services, including landscape, irrigation, and public right-of-way maintenance, including sidewalks, street
furniture, and facility maintenance as described in the Contract Documents.
END OF SECTION
PAGE 25 OF 92
BID No. 07-10-04
SECTION 6
PROCESSING OF STATEMENT OF SERVICES/INVOICES
Cut-off date is the close of the business day of the 20th day of each month. Contractor shall submit by
the 25th day of each month Contractor's completed Statement of Services/Invoice. Should the 25th fall
on a weekend or holiday, Contractor shall submit his application on the next workday.
Contractor is advised that processing of invoices must follow this schedule, as the Owner has funding
requirements and other payment obligations which may prevent payment of late Statement of Services
for that month's billing cycle. A late Statement of Services with a recommendation for payment will be
paid in the next month's billing cycle.
END OF SECTION
PAGE 26 OF 92
BID NO. 07-10-04
SECTION 7
BID RESPONSE SHEET
THIS BID IS SUBMITTED TO:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Bid No. 07-10-04 for Landscape Maintenance Services
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with The
City of Sunny Isles Beach in the form included in the Contract Documents to perform and furnish all Work
as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time
indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.
7.1. The Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidder's, including without limitation those dealing with the disposition of Bid Security.
This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Bidder agrees to
sign and submit the Agreement with the Bonds and other documents required by the Bidding
Requirements within ten days after the date of the City's Notice of Award.
7.2. In submitting this Bid, the Bidder represents, as more fully set forth in the Agreement, that:
7.2.1. Bidder has examined copies of all the Bidding Documents and of the following Addenda
(receipt of all which is hereby acknowledged.)
Dated:
Dated:
Dated:
Dated:
Addendum No.
Addendum No.
Addendum No.
Addendum No.
7.2.2. The Bidder has familiarized himself/herself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Law and Regulations that in
any manner may affect cost, progress, performance, or furnishing of the Work.
7.2.3. The Bidder has studied carefully all reports and drawings of subsurface conditions and
drawings of physical conditions.
7.2.4. The Bidder has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests and
studies (in addition to or to supplement those referred to in (c) above) which pertain to
the subsurface or physical conditions at the site or otherwise may affect the cost,
progress, performance, or furnishing of the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents, and no additional examinations, investigations, explorations, tests, reports or
similar information or data are or will be required by Bidder for such purposes.
7.2.5. Bidder has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or continuous to
the site and assumes responsibility for the accurate location of said Underground
Facilities. No additional examinations, investigations, explorations, tests, report or similar
information or data in respect of said Underground Facilities are or will be required by
Bidder in order to perform and furnish the Work at the Contract Price, within the Contract
PAGE 27 OF 92
BID No. 07-10-04
Time and in accordance with other terms and conditions of the Contract Documents.
7.2.6. The Bidder has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions of
the Contract Documents.
7.2.7. The Bidder has given the City written notice of all conflicts, errors, discrepancies that it
has discovered in the Contract Documents and the written resolution thereof by City is
acceptable to the Bidder.
7.2.8. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or
rules of any group, association, organization, or corporation; the Bidder has not directly
or indirectly induced or solicited any other Bidder to submit a false or sham Bid; the
Bidder has not solicited or induced any person, firm or corporation to refrain from
bidding; and Bidder has not sought by collusion to obtain for itself any advantage over
any other Bidder or over the City.
7.3. The Bidder understands and agrees that the Bid is for unit prices to furnish and install
individual Work Items for maintenance and/or repair work, complete in place. Estimates are provided for
the purposes of Bid Evaluation and to establish unit prices for individual Work Items for maintenance
and/or repair work to be contracted by the City under individual Purchase Orders, based on the unit
prices established under this Bid.
The City and the successful Bidder will establish completion times for each individual Work Item and the
successful Bidder agrees that the work will be completed within the time frames agreed upon and
stipulated in the individual Purchase Orders and/or Notice to Proceed.
7.4. Communications concerning this Bid shall be addressed to:
Bidder Name:
Address:
Telephone
Fax
Attention:
7.5. The terms used in this Bid which are defined in the General Conditions of the Contract included
as part of the Contract documents have the meanings assigned to them in the General Conditions.
DOCUMENT CONTINUES ON NEXT PAGE
PAGE 28 OF 92
BID No. 07-10-04
BID FORM
FOR THE
LANDSCAPE MAINTENANCE SERVICES
NOTE: The quantities shown in this bid form are estimates only! They may vary
significantly from the actual quantities ordered by the City. Payments shall be for the
units ordered, placed, and accepted by the City. The Bidder, by signing this Bid Form
and Contract, fully acknowledges that he/she will receive no additional compensation
(no overhead, no anticipated profits, etc.) other than the bid unit price of the items
times the number of items authorized, ordered, placed, and accepted by the City.
7.6. Bid Form
ITEM DESCRIPTION QUANTITY UNIT BID TOTAL
A. PLANTINGS & APPLICATIONS
Seasonal Color Replacement: Plant X $ $
A1 4.5 inch Impatiens and remove old 50,000 plants
plantings; and fertilize with
Osmocote<ID Per Plant =
Seasonal Color Replacement: Plant X $ $
A2 4.5 inch Begonias and remove old 50,000 plants
plantings; and fertilize with
Osmocote<ID Per Plant =
Seasonal Color Replacement: Plant X $ $
A3 4.5 inch Caladiums and remove old
plantings; and fertilize with 50,000 plants
Osmocote<ID Per Plant =
Seasonal Color Replacement: Plant X $ $
A4 1.0 gallon Impatiens and remove old 40 plants
plantings; and fertilize with
Osmocote<ID Per Plant =
Seasonal Color Replacement: Plant X $ $
AS 1.0 gallon Begonias and remove old 40,000 plants
plantings; and fertilize with
Osmocote<ID Per Plant =
Seasonal Color Replacement: Plant X $ $
A6 1.0 gallon Caladiums and remove old 40,000 plants
plantings; and fertilize with
Osmocote<ID Per Plant =
X $ $
A7 Plant Euphorbia milii 'Rosy' (Dwarf 5,000 plants
Crown of Thorns) and remove old
plantings; and fertilize Per Plant =
X $ $
A8 Merit Soil Drench for Royal Palms 75 Applications
Per Application!
Per Tree =
X $ $
A9 Cygon Foliar Spray for Royal Palms 75 Applications
Per Application!
Per Tree =
PAGE 29 OF 92
BID No. 07-10-04
x $ $
75 Applications
A10 Phoenix Dactilfera Maintenance (4 x per year) Per Applicationl
Per Tree
X $ $
Coconut Palm OTC Injection 100 Applications
All (4 x per year) Per Applicationl
Per Tree
X $ $
Application of Fertilizer to Grassy 10,000
A12 Areas Square Feet Per Square Feet =
X $ $
Application of Herbicide to Landscaped 3,000
A13 Areas Square Feet Per Square Feet =
X $ $
Application of Insecticides to 30,000
A14 Landscaped Areas Linear Feet Per Linear Feet =
$
A SUBTOTAL
B. LABOR X $ $
150 Hours
Bl One Landscape Superintendent (Sam - 5pm, M-F) Per Hour =
X $ $
100 Hours
B2 One Landscape Superintendent (All other times) Per Hour =
X $ $
150 Hours
B3 One Landscape Laborer (Sam - 5pm, M-F) Per Hour =
X $ $
100 Hours
B4 One Landscape Laborer (All other times) Per Hour =
X $ $
75 Hours
B5 One Irrigation Specialist (Sam - 5pm, M-F) Per Hour =
X $ $
50 Hours
B6 One Irrigation Specialist (All other times) Per Hour =
X $ $
75 Hours
B7 One Irrigation Laborer (Sam - 5pm, M-F) Per Hour =
PAGE 30 OF 92
BID No. 07-10-04
x $ $
B8 One Irrigation Laborer SO Hours
(All other times)
Per Hour =
$
B SUBTOTAL
c. EQUIPMENT
X $ $
Cl One Front End Loader with Backhoe, 250 Hours
including an Operator
Per Hour =
X $ $
C2 One Front End Loader with Backhoe, 30 Days
including an Operator
Per Day =
X $ $
C3 One Front End Loader with Backhoe, 4 Weeks
including an Operator Per Week =
X $ $
C4 One Front End Loader with Backhoe, 1 Month
including an Operator
Per Month =
X $ $
C5 One 15,000 GVW (or larger) Dump 100 Hours
Truck with an Operator
Per Hour =
X $ $
C6 One 15,000 GVW (or larger) Dump 10 Days
Truck with an Operator
Per Day =
X $ $
C7 One 15,000 GVW (or larger) Dump 1 Week
Truck with an Operator
Per Week =
X $ $
C8 One 15,000 GVW (or larger) Dump 1 Month
Truck with an Operator
Per Month =
X $ $
One Trailer Mounted Water Tank (500
C9 gallon minimum) with Pump and Hose 20 Days
Reel Per Day =
X $ $
One Trailer Mounted Water Tank (500
Cl0 gallon minimum) with Pump and Hose 2 Weeks
Reel Per Week =
X $ $
One Trailer Mounted Water Tank (500
Cll gallon minimum) with Pump and Hose 1 Month
Reel Per Month =
PAGE 31 OF 92
BID No. 07-10-04
x $ $
One Self Propelled 24" Deep by 6" 50 Hours
C12 Wide Trencher with an Operator Per Hour =
X $ $
C13 One Self Propelled 24" Deep by 6" 5 Days
Wide Trencher with an Operator Per Day =
X $ $
One Self Propelled 24" Deep by 6" 1 Week
C14 Wide Trencher with an Operator Per Week =
X $ $
One Self Propelled 24" Deep by 6" 1 Month
C15 Wide Trencher with an Operator Per Month =
X $ $
C16 Bucket Truck 1 Bucket Truck Per Bucket Truck =
X $ $
C17 Chipper Brush 1 Chipper Brush Per Chipper Brush =
X $ $
C18 Stump Grinder 1 Stump Grinder Per Stump Grinder =
X $ $
C19 Grapple Loader 1 Grapple Loader Per Grapple Loader =
(30 cubic yard capacity)
$
C SUBTOTAL
D. MATERIALS X $ $
Topsoil (70/30 Mix) 200 Cubic
Dl Delivered and Installed Yards Per Cubic Yard =
X $ $
Premium Red or Premium Gold Mulch 2,000 Cubic
D2 Delivered and Installed Yards Per Cubic Yard -
X $ $
#70 Trap Sand 700 Cubic Yards
D3 Delivered and Installed Per Cubic Yard =
X $ $
D4 Atlas 3000 (or equal) Mix 300 Cubic Yards
Delivered and Installed Per Cubic Yard =
PAGE 32 OF 92
BID No. 07-10-04
x $ $
D5 Solid St. Augustine Floratam Sod 5 Pallets of 500
Delivered and Installed Square Feet
Per Square Foot =
X $ $
D6 Solid St. Augustine Floratam Sod 5 Pallets of 500
Delivered and Installed Square Feet
Per Pallet =
X $ $
D7 Solid Bermuda 'Tifway 419' Turf 5 pallets of 400
Delivered and Installed Square Feet
Per Pallet =
X $ $
D8 Solid Paspalum Notatum 'Argentine' 5 pallets of 400
Bahia Sod Delivered and Installed Square Feet
Per Pallet =
$
D SUBTOTAL
E. PARKS
Gwen Margolis Park X $ $
El (17815 North Bay Rd) 52 Weeks
Weekly Maintenance per the
Specifications Per Week =
Town Center Park (17200 Collins X $ $
E2 Avenue) Weekly Maintenance per the 52 Weeks
Specifications Per Week =
Samson Oceanfront Park (17425 X $ $
E3 Collins Avenue) Weekly Maintenance 52 Weeks
per the Specifications Per Week =
Pelican Community Park (18115 North X $ $
E4 Bay Road) Weekly Maintenance per 52 Weeks
the Specifications Per Week =
Golden Shores Park (201195 Street) X $ $
E5 Weekly Maintenance per the 52 Weeks
Specifications Per Week =
Heritage Park (19250 Collins Avenue) X $ $
E6 Weekly Maintenance per the 52 Weeks
Specifications Per Week =
Bella Vista Park (500 Sunny Isles X $ $
E7 Boulevard) Weekly Maintenance per 52 Weeks
the Specifications Per Week =
Pier Park (16501 Collins Avenue) X $ $
E8 Weekly Maintenance per the 52 Weeks
Specifications Per Week =
Atlantic Isles Bridge Lagoon Area X $ $
E9 Weekly Maintenance per the 52 Weeks
Specifications Per Week =
PAGE 33 OF 92
BID No. 07-10-04
Atlantic Isles West-End Cul-de-Sac X $ $
El0 Park Weekly Maintenance per the 52 Weeks
Specifications Per Week =
Newport Pier Park Weekly X $ $
Ell Maintenance per the Specifications 52 Weeks
Per Week =
$
E SUBTOTAL
F. RIGHTS-OF-WAY
X $ $
Fl Collins Avenue Weekly Maintenance 52 Weeks
per the Specifications
Per Week =
X $ $
F2 Sunny Isles Boulevard Weekly 52 Weeks
Maintenance per the Specifications
Per Week =
X $ $
F3 Lehman Causeway Weekly 52 Weeks
Maintenance per the Specifications
Per Week =
174th Street (including medians) X $ $
F4 Weekly Maintenance per the 52 Weeks
Specifications Per Week =
X $ $
F5 15Sth Street Entrance Weekly 52 Weeks
Maintenance per the Specifications
Per Week =
X $ $
F6 159th Street Weekly Maintenance per 52 Weeks
the Specifications
Per Week =
X $ $
F7 Atlantic Isles Weekly Maintenance per 52 Weeks
the Specifications
Per Week =
North Bay Road (southern section) X $ $
F8 Weekly Maintenance per the 52 Weeks
Specifications Per Week =
X $ $
F9 172nd Street Weekly Maintenance per 52 Weeks
the Specifications
Per Week =
X $ $
Fl0 175th Terrace Weekly Maintenance per 52 Weeks
the Specifications
Per Week =
North Bay Road (northern section) X $ $
Fll Weekly Maintenance per the 52 Weeks
Specifications Per Week =
PAGE 34 OF 92
BID No. 07-10-04
x $ $
Atlantic Boulevard (southern section) 52 Weeks
F12 Weekly Maintenance per the Per Week =
Specifications $
X $
177th Drive Weekly Maintenance per 52 Weeks
F13 the Specifications Per Week =
X $ $
Church Street Weekly Maintenance per 52 Weeks
F14 the Specifications Per Week =
X $ $
178th Drive Weekly Maintenance per 52 Weeks
F15 the Specifications Per Week =
X $ $
179th Drive Weekly Maintenance per 52 Weeks
F16 the Specifications Per Week =
X $ $
180th Drive Weekly Maintenance per 52 Weeks
F17 the Specifications Per Week =
X $ $
181 st Drive Weekly Maintenance per 52 Weeks
F18 the Specifications Per Week =
X $ $
182nd Drive Weekly Maintenance per 52 Weeks
F19 the Specifications Per Week =
X $ $
183rd Street Weekly Maintenance per 52 Weeks
F20 the Specifications Per Week =
X $ $
185th Street Weekly Maintenance per 52 Weeks
F21 the Specifications Per Week =
X $ $
Atlantic Boulevard (northern section) 52 Weeks
F22 Weekly Maintenance per the Per Week =
Specifications
X $ $
186th Street Weekly Maintenance per 52 Weeks
F23 the Specifications Per Week =
X $ $
187th Street Weekly Maintenance per 52 Weeks
F24 the Specifications Per Week =
X $ $
188th Street Weekly Maintenance per 52 Weeks
F25 the Specifications Per Week =
PAGE 35 OF 92
BID No. 07-10-04
x $ $
189th Street Weekly Maintenance per 52 Weeks
F26 the Specifications Per Week =
X $ $
189th Terrace Weekly Maintenance per 52 Weeks
F27 the Specifications Per Week =
X $ $
190th Street Weekly Maintenance per 52 Weeks
F28 the Specifications Per Week =
X $ $
191 st Street Weekly Maintenance per 52 Weeks
F29 the Specifications Per Week =
X $ $
191 st Terrace Weekly Maintenance per 52 Weeks
F30 the Specifications Per Week =
$
F SUBTOTAL
I
G. BEACH & BEACH ACCESS PATHS X $ $
Beach Cleaning (including raking and 150 Cleanups
Gl litter removal) for entire length of Per Cleanup =
Sunny Isles Beaches
X $ $
Future Location of the Regalia 52 Weeks
G2 19501 Collins Avenue Per Week =
X $ $
Oceans I 52 Weeks
G3 19405 Collins Avenue Per Week =
X $ $
Ellen Wynne 52 Weeks
G4 Near 192nd Street on Collins Avenue Per Week =
X $ $
William "Bill" Lone 52 Weeks
G5 19101 Collins Avenue Per Week =
X $ $
Cecile Sippin 52 Weeks
G6 Near 189th Street on Collins Avenue Per Week =
X $ $
Varadero IV 52 Weeks
G7 18801 Collins Avenue Per Week =
X $ $
Le Meridien 52 Weeks
G8 18695 Collins Avenue Per Week =
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BID No. 07-10-04
x $ $
Millennium 52 Weeks
G9 18671 Collins Avenue Per Week -
X $ $
Trump 52 Weeks
Gl0 18001 Collins Avenue Per Week -
X $ $
Walter BressJour 52 Weeks
Gll Near 178th Street on Collins Avenue Per Week =
X $ $
Pinnacle 52 Weeks
G12 17555 Collins Avenue Per Week =
X $ $
Florida Ocean Club 52 Weeks
G13 17275 Collins Avenue Per Week -
X $ $
Ocean IV 52 Weeks
G14 17201 Collins Avenue Per Week =
X $ $
Future Location of Jade on the Beach 52 Weeks
G15 17001 Collins Avenue Per Week =
X $ $
Future Location of Paramount Beach 52 Weeks
G16 16901 Collins Avenue Per Week =
X $ $
Pier Park 52 Weeks
G17 16501 Collins Avenue Per Week =
X $ $
Oceania 52 Weeks
G18 16425 Collins Avenue Per Week =
X $ $
Future Location of Sayan 52 Weeks
G19 16275 Collins Avenue Per Week =
X $ $
Trump I, II, & III 52 Weeks
G20 Near 160th Street on Collins Avenue Per Week =
X $ $
Future Location of Solis 52 Weeks
G21 15701 Collins Avenue Per Week -
$
G SUBTOTAL
I H. BUS SHELTER LOCATIONS
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BID No. 07-10-04
x $ $
Hl Collins Avenue at 157th Street 52 Weeks
(west side) Per Week -
X $ $
H2 Collins Avenue at 163rd Street 52 Weeks
(east side) Per Week -
X $ $
H3 Collins Avenue at 174th Street 52 Weeks
(east side, Samson Park) Per Week =
X $ $
H4 Collins Avenue at 185th Street 52 Weeks
(east side) Per Week =
X $ $
H5 Collins Avenue at 185th Street 52 Weeks
(west side) Per Week -
X $ $
H6 Collins Avenue at 189th Street 52 Weeks
(east side) Per Week =
X $ $
H7 Collins Avenue at 192nd Street 52 Weeks
(east side) Per Week =
X $ $
H8 Collins Avenue at 52 Weeks
Galahad Dade Boulevard (west side) Per Week =
X $ $
H9 159th Street at Collins Avenue 52 Weeks
(west side) Per Week =
X $ $
Hl0 Sunny Isles Boulevard at 52 Weeks
North Bay Road (north side) Per Week =
X $ $
174th Street 52 Weeks
Hll (210 street address) Per Week =
X $ $
174th Street 52 Weeks
H12 (230 street address) Per Week =
X $ $
174th Street 52 Weeks
H13 (251 street address) Per Week =
X $ $
174th Street 52 Weeks
H14 (301 street address) Per Week =
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BID No. 07-10-04
x $ $
174 th Street 52 Weeks
H15 (400 street address) Per Week =
X $ $
174th Street at Collins Avenue 52 Weeks
H16 (north side) Per Week =
X $ $
178th Drive at 178th Street 52 Weeks
H17 Per Week =
X $ $
178th Street at 178th Drive 52 Weeks
H18 Per Week =
X $ $
North Bay Road at 174th Street 52 Weeks
H19 (east side) Per Week =
X $ $
North Bay Road at 174th Street 52 Weeks
H2O (west side) Per Week =
X $ $
th .
North Bay Road at 178 Drive 52 Weeks
H21 (east side) Per Week =
X $ $
th . 52 Weeks
North Bay Road at 178 Drive
H22 (west side) Per Week =
X $ $
Atlantic Boulevard at 180th Street 52 Weeks
H23 (east side) Per Week =
X $ $
Atlantic Boulevard at 191st Street 52 Weeks
H24 (east side) Per Week =
$
H SUBTOTAL
I. PARKING LOTS X $ $
Under the 52 Weeks
11 William Lehman Causeway Bridge Per Week =
X $ $
Under the north bound 52 Weeks
12 William Lehman Flyover Ramp Per Week =
X $ $
Ellen Wynne Beach Access 52 Weeks
13 Per Week =
PAGE 39 OF 92
BID No. 07-10-04
x $ $
14 Pier Park 52 Weeks
Per Week =
X $ $
IS 174th Street at North Bay Road 52 Weeks
Per Week =
$
I SUBTOTAL
J. GOVERNMENT FACILITIES
X $ $
Jl Sunny Isles Beach Government Center 52 Weeks
18070 Collins Avenue Per Week =
X $ $
J2 Stormwater Pond at Sunny Isles
Boulevard and Collins Avenue 52 Weeks
Per Week =
X $ $
J3 Stormwater Pond at Sunny Isles
Boulevard and North Bay Road 52 Weeks
Per Week =
X $ $
J4 Old Marina at 159th Street 52 Weeks
and Collins Avenue
Per Week =
X $ $
J5 WASA Pump Station at 52 Weeks
350 Sunny Isles Boulevard
Per Week =
X $ $
J6 Heritage Park 52 Weeks
Per Week =
J SUBTOTAL
K. MISCELLANEOUS ITEMS
X $ $
Kl Remove Dead Animals 40 Animals
Per Year
Per Animal =
X $ $
K2 Clay Infield Maintenance for the 60 Times
Pelican Community Park Ball Field Per Year
Per Maintenance =
Striping of the X $ $
K3 Pelican Community Park Ball Field 50 Times
Per Year
(Chalk Powder) Per Striping =
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BID No. 07-10-04
Striping of the X $ $
60 Times
K4 Gwen Margolis Park Soccer Field Per Year
(Paint) Per Striping =
X $ $
K5 Repair Ball Field Netting at 100
Pelican Community Park Square Yards
Per Square Yard =
X $ $
K6 Pressure Clean Various City Facilities 30 Hours
Per Hour =
Install, Straighten, and Remove Street X $ $
K7 Signs (not on FDOT maintained roads), 75 Signs
as directed Per Sign =
X $ $
K8 Remove all Shopping Carts from Public 40 Carts
Property and Return to Owners
Per Cart =
Clean, Repair, and Paint one X $ $
K9 Bus Shelter or Bench 100 Times
(with City specified paint, as needed) Per Time =
Install City-issued Banners or Flags, X $ $
Kl0 Including Repairing or Replacing 300 Banners
City-issued Banner Arms, as Directed Per Banner =
Move Lifeguard Stands X $ $
Kll (in both normal and 20 Moves
extreme weather conditions) Per Move =
X $ $
K12 Remove or Cover Graffiti, 50 Hours
as Directed
Per Hours =
$
K SUBTOTAL
GRAND TOTAL $
NOTE: The quantities shown in this bid form are estimates only! They may vary
significantly from the actual quantities ordered by the City. Payments shall be for the
units ordered, placed, and accepted by the City. The Bidder, by signing this Bid Form
and Contract, fully acknowledges that he/she will receive no additional compensation
(no overhead, no anticipated profits, etc.) other than the bid unit price of the items
times the number of items authorized, ordered, placed, and accepted by the City.
Grand Total (based on the estimated quantities) written out in words:
Dollars and
Cents.
DOCUMENT CONTINUES ON NEXT PAGE
PAGE 41 OF 92
BID No. 07-10-04
BID ITEM SPECIFICATIONS
7.7 Bid Form Specifications
A. PLANTINGS & APPLICATIONS
Al. - A3. This bid item is to include removal and proper disposal of existing plants, and then delivery,
layout, placement, cleanup and maintenance of new flowers or plants (from 4.5 inch pots) in the
locations designated by the City. In areas of traffic, the bid will include all appropriate traffic
control devices that conform to an approved Management of Traffic (MOT) plan. It shall also
include appropriate initial increased irrigation and observation. Any dead or under-developing
plants shall be immediately replaced by the Bidder at no cost to the City.
A4. - A6. This bid item is to include removal and proper disposal of existing plants, and then delivery,
layout, placement, cleanup and maintenance of new flowers or plants (from 1.0 gallon pots) in
the locations designated by the City. In areas of traffic, the bid will include all appropriate traffic
control devices that conform to an approved Management of Traffic (MOT) plan. It shall also
include appropriate initial increased irrigation and observation. Any dead or under-developing
plants shall be immediately replaced by the Bidder at no cost to the City.
A7. This bid item is to include removal and proper disposal of existing plants, and then delivery,
layout, placement, cleanup and maintenance of new Dwarf Crown of Thorns in the locations
designated by the City. In areas of traffic, the bid will include all appropriate traffic control
devices that conform to an approved Management of Traffic (MOT) plan. It shall also include
appropriate initial increased irrigation and observation. Any dead or under-developing plants
shall be immediately replaced by the Bidder at no cost to the City.
A8. This bid item is to include Merit soil drench for Royal Palm one time per year including a follow-
up application per specifications in the locations designated by the City. In areas of traffic, the
bid will include all appropriate traffic control devices that conform to an approved Management of
Traffic (MOT) plan. The application shall meet all safety standards for the handling and
application of the chemicals used and shall follow all of the manufacturer's recommendations.
A9. This bid item is to include Cygon Foliar Spray for Royal Palms on an as needed basis, including a
follow-up application per specifications in the locations designated by the City. In areas of traffic,
the bid will include all appropriate traffic control devices that conform to an approved
Management of Traffic (MOT) plan. The application shall meet all safety standards for the
handling and application of the chemicals used and shall follow all of the manufacturer's
recommendations.
Al0. This bid item is to include Phoenix dactylifera maintenance including all fertilization and fungicide
applications per specifications in the locations designated by the City. In areas of traffic, the bid
will include all appropriate traffic control devices that conform to an approved Management of
Traffic (MOT) plan. The application shall meet all safety standards for the handling and
application of the chemicals used and shall follow all of the manufacturer's recommendations.
All. This bid item is to include Coconut Palm OTC (Lethal Yellowing) in the locations designated by
the City. In areas of traffic, the bid will include all appropriate traffic control devices that
conform to an approved Management of Traffic (MOT) plan. The application shall meet all safety
standards for the handling and application of the chemicals used and shall follow all of the
manufacturer's recommendations.
PAGE 42 OF 92
BID No. 07-10-04
A12. This bid item is to apply fertilizer in the locations designated by the City. In areas of traffic, the
bid will include all appropriate traffic control devices that conform to an approved Management of
Traffic (MOT) plan. The application shall meet all safety standards for the handling and
application of the chemicals used and shall follow all of the manufacturer's recommendations.
A13. This bid item is to apply herbicides in the locations designated by the City. In areas of traffic, the
bid will include all appropriate traffic control devices that conform to an approved Management of
Traffic (MOT) plan. The application shall meet all safety standards for the handling and
application of the chemicals used and shall follow all of the manufacturer's recommendations.
A14. This bid item is to apply insecticides in the locations designated by the City. In areas of traffic,
the bid will include all appropriate traffic control devices that conform to an approved
Management of Traffic (MOT) plan. The application shall meet all safety standards for the
handling and application of the chemicals used and shall follow all of the manufacturer's
recommendations.
B. LABOR
B1. & B2. This bid item is for additional work by a trained and competent Landscape Superintendent.
This is a separate item for work not already covered by, and paid for through, other pertinent bid
items. It is intended that this item shall cover call-outs for emergency and unique situations.
For this item to be accepted and paid for by the City, the services must be specifically requested
by the City for a specific non-covered task.
B3. & B4. This bid item is for additional work by a trained and competent Landscape Laborer. This is a
separate item for work not already covered by, and paid for through, other pertinent bid items.
It is intended that this item shall cover call-outs for emergency and unique situations. For this
item to be accepted and paid for by the City, the services must be specifically requested by the
City for a specific non-covered task.
B5. & B6. This bid item is for additional work by a trained and competent Irrigation Specialist. This is a
separate item for work not already covered by, and paid for through, other pertinent bid items.
It is intended that this item shall cover call-outs for emergency and unique situations. For this
item to be accepted and paid for by the City, the services must be specifically requested by the
City for a specific non-covered task.
B7. & B8. This bid item is for additional work by a trained and competent Irrigation Laborer. This is a
separate item for work not already covered by, and paid for through, other pertinent bid items.
It is intended that this item shall cover call-outs for emergency and unique situations. For this
item to be accepted and paid for by the City, the services must be specifically requested by the
City for a specific non-covered task.
C. EQUIPMENT
C1. thru C4. This bid item is for additional work by a trained and competent Backhoe Operator using a
fully functioning and properly maintained tractor with a front end mounted loader and a backhoe.
This is a separate item for work not already covered by, and paid for through, other pertinent bid
items. It is intended that this item shall cover call-outs for emergency and unique situations.
For this item to be accepted and paid for by the City, the services must be specifically requested
by the City for a specific task.
C5. thru C8. This bid item is for additional work by a trained and competent Dump Truck Operator using
a fully functioning and properly maintained dump truck with a GVW rating of 15,000 or greater.
PAGE 43 OF 92
BID No. 07-10-04
This is a separate item for work not already covered by, and paid for through, other pertinent bid
items. It is intended that this item shall cover call-outs for emergency and unique situations.
For this item to be accepted and paid for by the City, the services must be specifically requested
by the City for a specific task.
C9. thru Cl1. This bid item is to provide a fully functioning and properly maintained Trailer Mounted
Water Tank with a capacity of 500 gallons or greater. It should also have an operating and
properly maintained pump and hose reel. This is a separate item for work not already covered
by, and paid for through, other pertinent bid items. It is intended that this item shall cover call-
outs for emergency and unique situations. For this item to be accepted and paid for by the City,
the services must be specifically requested by the City for a specific task.
C12. thru C15. This bid item is to provide a fully functioning and properly maintained Self Propelled
Trencher with a minimum attainable depth of twenty-four inches, and a minimum trench width of
six inches. This is a separate item for work not already covered by, and paid for through, other
pertinent bid items. It is intended that this item shall cover call-outs for emergency and unique
situations. For this item to be accepted and paid for by the City, the services must be specifically
requested by the City for a specific task.
C16. This bid item is to provide a fully functioning and properly maintained bucket truck. This is a
separate item for work not already covered by, and paid for through, other pertinent bid items.
It is intended that this item shall cover call-outs for emergency and unique situations. For this
item to be accepted and paid for by the City, the services must be specifically requested by the
City for a specific task.
C17. This bid item is to provide a fully functioning and properly maintained chipper brush. This is a
separate item for work not already covered by, and paid for through, other pertinent bid items.
It is intended that this item shall cover call-outs for emergency and unique situations. For this
item to be accepted and paid for by the City, the services must be specifically requested by the
City for a specific task.
C18. This bid item is to provide a fully functioning and properly maintained stump grinder. This is a
separate item for work not already covered by, and paid for through, other pertinent bid items.
It is intended that this item shall cover call-outs for emergency and unique situations. For this
item to be accepted and paid for by the City, the services must be specifically requested by the
City for a specific task.
C19. This bid item is to provide a fully functioning and properly maintained grapple loader with a 30
cubic yard capacity. This is a separate item for work not already covered by, and paid for
through, other pertinent bid items. It is intended that this item shall cover call-outs for
emergency and unique situations. For this item to be accepted and paid for by the City, the
services must be specifically requested by the City for a specific task.
D. MATERIALS
D1. This bid item is to include the supplying, delivery, placement, and grading of topsoil in the
locations designated by the City. This topsoil shall be a mix of 70% organics (peat moss, etc.)
and 30% sand. The supplying and placing of this item is separate and unique from the normal
need to supply and place this material as part of the ongoing operations covered in other bid
items. For this item to be accepted and paid for by the City, the service must be specifically
requested by the City for a unique and specific task. In areas of traffic, the bid will include all
appropriate traffic control devices that conform to an approved Management of Traffic (MOT)
plan. All traffic control costs shall be a part of the unit price bid and shall not be paid for
PAGE 44 OF 92
BID No. 07-10-04
separately.
D2. This bid item is to include the supplying, delivery, placement, and grading of either Premium Red
or Premium Gold (as designated by the City) colored mulch in the locations designated by the
City. The supplying and placing of this item is separate and unique from the normal need to
supply and place this material as part of the ongoing operations covered in other bid items. For
this item to be accepted and paid for by the City, the service must be specifically requested by
the City for a unique and specific task. In areas of traffic, the bid will include all appropriate
traffic control devices that conform to an approved Management of Traffic (MOT) plan. All traffic
control costs shall be a part of the unit price bid and shall not be paid for separately.
D3. This bid item is to include the supplying, delivery, placement, and grading of #70 Trap Sand in
the locations designated by the City. The supplying and placing of this item is separate and
unique from the normal need to supply and place this material as part of the ongoing operations
covered in other bid items. For this item to be accepted and paid for by the City, the service
must be specifically requested by the City for a unique and specific task. In areas of traffic, the
bid will include all appropriate traffic control devices that conform to an approved Management of
Traffic (MOT) plan. All traffic control costs shall be a part of the unit price bid and shall not be
paid for separately.
D4. This bid item is to include the supplying, delivery, placement, and grading of Atlas 3000 (or
equal) 70/30 mix in the locations designated by the City. The supplying and placing of this item
is separate and unique from the normal need to supply and place this material as part of the
ongoing operations covered in other bid items. For this item to be accepted and paid for by the
City, the service must be specifically requested by the City for a unique and specific task. In
areas of traffic, the bid will include all appropriate traffic control devices that conform to an
approved Management of Traffic (MOT) plan. All traffic control costs shall be a part of the unit
price bid and shall not be paid for separately.
D5. This bid item is to include the supplying, delivery, placement, and initial irrigating of Solid St.
Augustine Floratam Sod (or approved equal) in the locations designated by the City. The
supplying and placing of this item is separate and unique from the normal need to supply and
place this material as part of the ongoing operations covered in other bid items. For this item to
be accepted and paid for by the City, the service must be specifically requested by the City for a
unique and specific task. In areas of traffic, the bid will include all appropriate traffic control
devices that conform to an approved Management of Traffic (MOT) plan. All traffic control costs
shall be a part of the unit price bid and shall not be paid for separately.
D6. This bid item is to include the supplying and delivery of Solid St. Augustine Floratam Sod (or
approved equal) on pallets, and off-loaded in a location designated by the City. The supplying of
this item is separate and unique from the normal need to supply this material as part of the
ongoing operations covered in other bid items. For this item to be accepted and paid for by the
City, the service must be specifically requested by the City.
D7. This bid item is to include the supplying and delivery of Bermuda 'Tifway' 419 Turf (or approved
equal) on pallets, off-loaded and installed in a location designated by the City. The supplying of
this item is separate and unique from the normal need to supply this material as part of the
ongoing operations covered in other bid items. For this item to be accepted and paid for by the
City, the service must be specifically requested by the City.
D8. This bid item is to include the supplying and delivery of Paspalum Notatum (Argentine Bahia Sod)
(or approved equal) on pallets, off-loaded and installed in a location designated by the City. The
supplying of this item is separate and unique from the normal need to supply this material as
PAGE 45 OF 92
BID No. 07-10-04
part of the ongoing operations covered in other bid items. For this item to be accepted and paid
for by the City, the service must be specifically requested by the City.
E. PARKS
El. through Ell. This bid item is to include the supplying of all necessary materials, supplies, labor,
equipment, fuel, and other miscellaneous necessities to fully maintain the general condition of
the City Parks listed in this group. This work shall include, but not be limited to, weeding,
mowing all grass such that it never exceeds 4 inches in height under normal conditions or 5
inches in height under drought conditions, irrigating (including the full maintenance and repair of
the irrigation system itself) all landscaped areas, maintaining and replacing (if necessary) any
plants lost due to negligence of the Bidder, removing all graffiti within thirty-six hours, blowing
sidewalks daily, power washing sidewalks once a week, daily removal of all litter, daily cleaning
and maintenance of all trash receptacles, daily cleaning of all restrooms (where they exist), daily
inspection of all playground and recreational facilities, full maintenance and repair of all
recreational facilities (including but not limited to pressure cleaning or washing), cleaning and
maintaining all up-lighting, and fully maintaining all playing fields and open areas.
The intent of this description is to convey the requirement that the parks listed in this section
shall be maintained to a superior level such that they are viewed by the public as the best
maintained and most beautiful parks in all of southern Florida. It is this standard that will be
required of the Bidder.
The supplying and placing of this item is separate and unique from the special bid items also
listed in this package and the bid price shown for this item will be considered full and total
payment for all normal ongoing operations. For any additional payments under this item, or any
other, the service must be specifically requested by the City for a unique and specific task. In
areas of traffic, the bid will include all appropriate traffic control devices that conform to an
approved Management of Traffic (MOT) plan. All traffic control costs shall be a part of the unit
price bid and shall not be paid for separately.
F. RIGHTS-OF-WAY
Fl. through F30. This bid item is to include the supplying of all necessary materials, supplies, labor,
equipment, fuel, and other miscellaneous necessities to fully maintain the general condition of
the City Street Rights-of-Way listed in this group. This work shall include, but not be limited to,
weeding, mowing all grass such that it never exceeds 4 inches in height under normal conditions
or 5 inches in height under drought conditions, irrigating (including the full maintenance and
repair of the irrigation system itself) all landscaped areas, maintaining and replacing (if
necessary) any perennial plants, removing all graffiti within thirty-six hours, blowing sidewalks
weekly, power washing sidewalks once a month, daily removal of all litter, daily cleaning and
maintenance of all trash receptacles (where they exist), and daily inspection of all lighting and
street appurtenances.
The intent of this description is to convey the requirement that the streets listed in this section
shall be maintained to a superior level such that they are the viewed by the public as the best
maintained in the area. It is this standard that will be required of the Bidder.
The supplying and placing of this item is separate and unique from the other bid items also listed
in this package and the bid price shown for this item will be considered full and total payment for
all normal ongoing operations. For any additional payments under this item, or any other, the
service must be specifically requested by the City for a unique and specific task. In areas of
traffic, the bid will include all appropriate traffic control devices that conform to an approved
PAGE 46 OF 92
BID No. 07-10-04
Management of Traffic (MOT) plan. Maintenance of Traffic shall be in accordance with the
current edition of the Florida DOT Design Standards (600 series), the Standard Specification for
Road and Bridge Construction, and the Manual on Uniform Traffic Control Devices, as a minimum
criteria. This note should be included under all bid items that may include a work on FDOT
roadways. All traffic control costs shall be a part of the unit price bid and shall not be paid for
separately.
G. BEACH & BEACH ACCESS PATHS
G1. This bid item is to include the supplying of all necessary materials, supplies, labor, equipment, fuel,
and other miscellaneous necessities to fully maintain clean City Beaches. This work shall include,
but not be limited to, litter and trash removal and mechanized raking. The intent of this
description is to convey the requirement that the public beaches within the City shall be
maintained to a superior level such that they are the viewed by the public as the best maintained
in Southern Florida. It is this standard that will be required of the Bidder.
G2. through G21. This bid item is to include the supplying of all necessary materials, supplies, labor,
equipment, fuel, and other miscellaneous necessities to fully maintain the general condition of
the City Beach Access Paths listed in this group. This work shall include, but not be limited to,
weeding, mowing all grass such that it never exceeds 4 inches in height under normal conditions
or 5 inches in height under drought conditions, trimming all hedges, irrigating (including the full
maintenance and repair of the irrigation system itself) all landscaped areas, maintaining and
replacing (if necessary) any plants, removing all graffiti within twenty-four hours, blowing
sidewalks daily, power washing sidewalks once a month, daily removal of all litter, daily cleaning
and maintenance of all trash receptacles (where they exist), and daily inspection of all lighting
and path appurtenances.
The intent of this description is to convey the requirement that the paths listed in this section shall
be maintained to a superior level such that they are the viewed by the public as the best
maintained in the area. It is this standard that will be required of the Bidder.
The supplying and placing of this item is separate and unique from the special bid items also listed
in this package and the bid price shown for this item will be considered full and total payment for
all normal ongoing operations. For any additional payments under this item, or any other, the
service must be specifically requested by the City for a unique and specific task.
H. BUS SHELTER AND BENCH LOCATIONS
H1. through H13. This bid item is to include the supplying of all necessary materials, supplies, labor,
equipment, fuel, and other miscellaneous necessities to routinely maintain the general condition
of the City Bus Shelters and Bus Benches listed in this group. This work shall include, but not be
limited to, weeding all locations, irrigating (including the full maintenance and repair of the
irrigation system itself) all landscaped areas (where they exist), removing all graffiti within
twenty-four hours, blowing the adjacent sidewalks daily, power washing sidewalks once a month,
daily removal of all litter, daily cleaning and maintenance of all trash receptacles (where they
exist), and daily inspection of all lighting, and shelter or bench appurtenances (including making
any necessary repairs).
The intent of this description is to convey the requirement that the shelters and benches listed in
this section shall be maintained to a superior level such that they are the viewed by the public as
the best maintained in the area. It is this standard that will be required of the Bidder.
The supplying and placing of this item is separate and unique from the special bid items also listed
PAGE 47 OF 92
BID No. 07-10-04
in this package and the bid price shown for this item will be considered full and total payment for
all normal ongoing operations. For any additional payments under this item, or any other, the
service must be specifically requested by the City for a unique and specific task. In areas of
traffic, the bid will include all appropriate traffic control devices that conform to an approved
Management of Traffic (MOT) plan. All traffic control costs shall be a part of the unit price bid
and shall not be paid for separately.
I. PARKING LOTS
11. through IS. This bid item is to include the supplying of all necessary materials, supplies, labor,
equipment, fuel, and other miscellaneous necessities to fully maintain the general condition of
the City Parking Lots listed in this group. This work shall include, but not be limited to, weeding,
mowing all grass such that it never exceeds 4 inches in height under normal conditions or 5
inches in height under drought conditions, irrigating (including the full maintenance and repair of
the irrigation system itself) all landscaped areas, maintaining and replacing (if necessary) any
plants, removing all graffiti within twenty-four hours, blowing sidewalks weekly, power washing
sidewalks once a month, daily removal of all litter, daily cleaning and maintenance of all trash
receptacles (where they exist), and daily inspection of all lighting and lot appurtenances.
The supplying and placing of this item is separate and unique from the special bid items also listed
in this package and the bid price shown for this item will be considered full and total payment for
all normal ongoing operations. For any additional payments under this item, or any other, the
service must be specifically requested by the City for a unique and specific task. In areas of
traffic, the bid will include all appropriate traffic control devices that conform to an approved
Management of Traffic (MOT) plan. All traffic control costs shall be a part of the unit price bid
and shall not be paid for separately.
J. GOVERNMENT FACILITIES
J1. through J5. This bid item is to include the supplying of all necessary materials, supplies, labor,
equipment, fuel, and other miscellaneous necessities to fully maintain the general condition of
the Government Facilities listed in this group. This work shall include, but not be limited to,
weeding, mowing all grass such that it never exceeds 4 inches in height under normal conditions
or 5 inches in height under drought conditions, irrigating (including the full maintenance and
repair of the irrigation system itself) all landscaped areas, maintaining and replacing (if
necessary) any plants, removing all graffiti within twenty-four hours, blowing sidewalks daily,
power washing sidewalks once a week, daily removal of all litter, daily cleaning and maintenance
of all trash receptacles, daily cleaning of all parking areas, clearing and maintaining all up-
lighting, daily inspection of all lighting and facility appurtenances, maintaining all open areas
(including replacing turf if necessary)
The intent of this description is to convey the requirement that the facilities listed in this section
shall be maintained to a superior level such that they are the viewed by the public as the best
maintained and most beautiful facilities in the area. It is this standard that will be required of the
Bidder.
The providing of this service item is separate and unique from the special bid items also listed in this
package and the bid price shown for this item will be considered full and total payment for all
normal ongoing operations. For any additional payments under this item, or any other, the
service must be specifically requested by the City for a unique and specific task. In areas of
traffic, the bid will include all appropriate traffic control devices that conform to an approved
Management of Traffic (MOT) plan. All traffic control costs shall be a part of the unit price bid
and shall not be paid for separately.
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K. MISCELLANEOUSITEMS
Kl. This bid item is to include the supplying of all necessary materials, supplies, labor, equipment, fuel,
and other miscellaneous necessities to properly and legally dispose of any dead animals located
within the City limits, when requested to do so by the City. The animal must be removed within
six hours of the request if the request is made between 5:00pm and 7:00am, and within two
hours if the request is made between 7:00am and 5:00pm. Though these are the maximum
times allowed to respond, it is intended that the Bidder will always respond immediately.
In areas of traffic, the bid will include all appropriate traffic control devices that conform to an
approved Management of Traffic (MOT) plan. All traffic control costs shall be a part of the unit
price bid and shall not be paid for separately.
K2. This bid item is to include the supplying of all necessary materials, supplies, labor, equipment, fuel,
and other miscellaneous necessities to and properly maintain the clay infield on the baseball
diamond at Pelican Community Park. This will include dragging the field, servicing the pitcher's
mound, and replacing any materials necessary to have an excellent playing surface.
K3. This bid item is to include the supplying of all necessary materials, supplies, labor, equipment, fuel,
and other miscellaneous necessities to stripe the baseball field in Pelican Community Park.
This shall include the foul lines (to the outfield fence) and all accompanying areas, using chalk
powder, the striping shall be done to industry standards and shall follow the recommendations of
the manufacturer.
K4. This bid item is to include the supplying of all necessary materials, supplies, labor, equipment, fuel,
and other miscellaneous necessities to properly stripe the soccer field at Gwen Margolis Park.
This will require striping all lines necessary to provide an appropriate regulation field, using paint.
The striping shall be done to industry standards and shall follow the recommendations of the
manufacturer.
K5. This bid item is to is to include the supplying of all necessary materials, supplies, labor, equipment,
fuel, and other miscellaneous necessities to repair or replace any netting or screening at the
baseball field in Pelican Community Park. The repairs are to be made only upon authorization of
the City, but the Bidder is responsible for immediately notifying the City of any holes or openings
that are found during the daily servicing and inspection of the park. The repairs will be done to
industry standards and shall follow the recommendations of the manufacturer.
K6. This bid item is to include the supplying of all necessary materials, supplies, labor, equipment, fuel,
and other miscellaneous necessities to pressure clean sidewalk areas as specifically directed by
the City. This bid item is intended to cover unique situations (such as an accident that leaves
debris or staining) on the City's sidewalks, streets, parking lots, or other areas. This item is
separate and unique from the general bid items also listed in this package that cover pressure
cleaning, and the bid price shown for those items will be considered full and total payment for all
normal ongoing operations. For payments under this item, or any other, the service must be
specifically requested by the City for a unique and specific task. In areas of traffic, the bid will
include all appropriate traffic control devices that conform to an approved Management of Traffic
(MOT) plan. All traffic control costs shall be a part of the unit price bid and shall not be paid for
separately.
K7. This bid item is to include the supplying of all necessary supplies, labor, equipment, fuel, and other
miscellaneous necessities to replace or repair street signs (stop signs, street name signs, yield
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BID No. 07-10-04
signs, etc.) on City properties (does not include FDOT roadways such as Collins Avenue and
Sunny Isles Boulevard). The City will purchase and supply the sign boards and provide them to
the Bidder. This bid item is intended to cover unique situations (such as an accident that causes
damage to a sign or sign post) on the City's streets. This item is separate and unique from the
general bid items also listed in this package that cover regular maintenance, and the bid price
shown for those items will be considered full and total payment for all normal ongoing
operations. For payments under this item, or any other, the service must be specifically
requested by the City for a unique and specific task. In areas of traffic, the bid will include all
appropriate traffic control devices that conform to an approved Management of Traffic (MOT)
plan. All traffic control costs shall be a part of the unit price bid and shall not be paid for
separately.
K8. This bid item is to include the supplying of all necessary materials, supplies, labor, equipment, fuel,
and other miscellaneous necessities to collect shopping carts from public property and return
them to the owner. For the Bidder to receive payments under this item, the service must be
specifically requested by the City, though the Bidder is required to notify the City immediately of
any carts found while performing the daily servicing and inspection of the City.
K9. This bid item is to include the supplying of all necessary materials, supplies, labor, equipment, fuel,
and other miscellaneous necessities to clean, repair, or to provide minor touch-up paint to Bus
Shelters or Benches on City properties. This bid item is intended to cover unique situations (such
as an accident that causes damage to a bench or shelter) on the City's streets. This item is
separate and unique from the general bid items also listed in this package that cover regular
maintenance, and the bid price shown for those items will be considered full and total payment
for all normal ongoing operations. For payments under this item, or any other, the service must
be specifically requested by the City for a unique and specific task. In areas of traffic, the bid will
include all appropriate traffic control devices that conform to an approved Management of Traffic
(MOT) plan. All traffic control costs shall be a part of the unit price bid and shall not be paid for
separately.
Kl0. This bid item is to include the supplying of all necessary materials, supplies, labor, equipment, fuel,
and other miscellaneous necessities to hang banners in the locations designated by the City. This
bid item is intended to include all work necessary, including any needed repairs to, or
replacement of, the arms that support the banners. For payments under this item, the service
must be specifically requested by the City for a unique and specific task, however the Bidder is
responsible for immediately notifying the City if any missing or damaged banners are found
during the regular servicing and inspection of the streets. In areas of traffic, the bid will include
all appropriate traffic control devices that conform to an approved Management of Traffic (MOT)
plan. All traffic control costs shall be a part of the unit price bid and shall not be paid for
separately.
Kl1. This bid item is to include the supplying of all necessary materials, supplies, labor, equipment, fuel,
and other miscellaneous necessities to move the Life Guard Stands on the beaches in the City.
This bid item is intended to include both normal operating conditions and extreme weather
conditions. The Bidder, in either case, the Bidder must always respond and have begun work
within four hours of notification unless otherwise authorized in writing by the City.
K12. This bid item is to include the supplying of all necessary materials, supplies, labor, equipment, fuel,
and other miscellaneous necessities to appropriately cover over or remove, as directed by the
City, any graffiti. This bid item is intended to include all work, including any needed repairs
required to allow the graffiti to be addressed. All work must begin within eight hours of being
notified by the City, and the work must proceed continuously and expeditiously until the job is
completed. The Bidder is responsible for immediately notifying the City of any graffiti found
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BID No. 07-10-04
during the regular servicing and inspection of the City. In areas of traffic, the bid will include all
appropriate traffic control devices that conform to an approved Management of Traffic (MOT)
plan. All traffic control costs shall be a part of the unit price bid and shall not be paid for
separately.
L. GENERAL TECHNICAL SPECIFICATIONS
L1. Accompanying these specifications is a list defining areas to be maintained. 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.
L2. 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. The following
equipment shall be located at the storage satellite facility in the event of emergencies and be
available to the City within the reqUired time frames:
· FDOT compliant arrow board and 75 FDOT compliant traffic cones.
. Backhoe-front end loader
. Twenty cubic yard dump truck
. Hydraulic 65 foot bucket truck
The City, at its sole discretion, may require that any of the special equipment be located in the
satellite storaqe site as specified herein.
L3. Special equipment required (in addition to Standard Maintenance Equipment).
. One 400 gallon portable water sprayer and one (1) 2500 PSI pressure washer.
. FDOT Compliant arrow board and 75 FOOT compliant traffic cones.
. Three fertilizer spreaders.
· One pull behind aerator, subject to Landscape Architect approval.
· Portable Stump Grinder 6" below grade
· Underground wiring location equipment
· Two hydraulic bucket-trucks with a reach capacity of no less than 65 feet.
· One backhoe/front end loader combination machine (equivalent to a Ford F555 or larger.)
· One 24 foot minimum vertical man lift (pole cat or equivalent).
· Two portable brush chippers with 20 cu yard capacity storage truck.
. Two twenty-cubic-yard capacity dump trucks.
. One Utility Box Truck or Van.
. One portable gasoline generator (5000 W Minimum)
· Two 60" three gang hydrostatic reel mowers. (5 blades per reel min.)
. One 21" Reel Mower (5 blades)
· Four utility carts that can traverse landscaped areas without damaging plants or irrigation.
· One Skid-steer Loader with the following accessories: Tree Boom, Fork, Bucket, and Auger.
· A two-way communication system between all of the Contractors service vehicles, their
main office, and City personnel.
The Contractor must own or have leased the followinq eQuipment at the time of bid submittal.
The City may reQuire proof of such ownership or lease aqreement at its sole discretion.
L 4. The Contractor must possess the following licenses and keep them current throughout the term
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BID No. 07-10-04
of the Contract: Pest Control Applicator License issued by the State of Florida; Dade County
Occupational License; and City of Sunny Isles Beach Occupational License (Local Business Tax).
L5. The Contractor must operate at least one storage and mobilization site within a five mile radius of
the City limits of the City of Sunny Isles Beach, within 60 days of award. The storage site may
be totally enclosed or may be open and surrounded by a six foot height, lockable, chain-link
fence. The storage site must have a minimum of 2000 sq. ft. area, with a minimum 600 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.
L6. The Contractor shall maintain the contractually covered landscaped areas at the frequency rate
prescribed with conventional production style mowing and lawn maintenance equipment. A
manicured professionally groomed appearance is the desired result. The Contractors work will be
inspected by the City and the City's Landscape Architect. The Contractor shall maintain all other
areas as required by City during the course of this contract. The Contractor shall adhere to City
noise ordinance.
L7. The Contractor, as a minimum, must be a member, in good standing, of the Florida Nurserymen,
Growers, and Landscape Association (FNGLA) and the Tree Care Industry Association (TCIA).
The Contractor shall provide proof of membership with the bid submittal and submit concurrent
proof of membership annually throught the duration of the project.
L8. Maintenance as defined for bid purposes shall include: Litter, trash, and debris removal and
disposal; mowing; edging; hedge trimming; tree trimming; Bermuda turf maintenance; raking;
sweeping; weeding, aerating, weed-eating, herbicide applications including preventive and
corrective applications, fertilization, insect control including fire ant control, irrigation system
repair and adjustments, Date Palm maintenance, Coconut Palm maintenance; decorative street
banner placement and replacement, landscape lighting maintenance, including, but not limited
to, adjusting of timers and maintaining photo cells, and maintenance of all street and landscape
furniture and structures, including graffiti and daily shopping cart removal and litter pick up and
removal seven days per week, as defined by the City.
L9. The Owner, President, Chief Executive Officer or Chief Operating Officer shall be defined as the
person who has the authority to make immediate and binding decisions on behalf of the
Contractor (without obtaining any approvals from others), regarding the disbursement of any
resources needed including but not limited to chemicals, materials, equipment, labor, or
otherwise as directed by the City. These duties will be performed at no additional labor or travel
charges. This person shall be available to attend all meetings with the City within 24 hours of
notification at no charge as directed by the City, shall be available to the City within one (1) hour
notification for emergencies at all times at no charge, including facility maintenance duties,
boarding up of facilities, and other work as directed by the City, shall be present at all special
events, programs and activities as directed by the City, and be present at all planning meetings
at no charge, with one hours notice. Special events are typically held on weekends and
evenings, and Contractor shall receive schedule of events. There are typically twenty or more
major events per year. This person shall be present and on-site in the City EOC in the event of a
natural disaster or emergency, including but not limited to hurricanes, tornadoes, flooding, and
other acts of God at no charge, shall be available to City for routine, weekly, and as-needed
inspections of all landscaped areas as directed by the City, shall be available to the City's
Landscape Architect as directed by the City for inspections, reviews, and consultation, shall be
available via telephone or other approved wireless communications on a 24/7 basis, shall
maintain a crew of twelve (12) people including at least one Superintendent level position to be
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BID No. 07-10-04
stationed in the City Monday through Friday 7 AM - 5 PM. When this person is out of town, an
alternate contact shall be provided, and shall be approved at the City's sole discretion. If the
Contractor intends to use sub-Contractors to perform any work on this contract, these Sub-
Contractors are subject to approval by City, at its sole discretion.
L10. All of the Contractor's employees must wear shirts with orange reflective stripes that identify the
company name at all times. Bright orange T-Shirts may be substituted at the City's sole
discretion.
L11. Maintenance of traffic must conform to the current edition of the Florida Department of
Transportation (FDOT) Roadway and Traffic Design Standards Indexes, the Standard
Specifications for Road and Bridge Construction and the Manuals on Uniform Traffic Control
Devices, as a minimum criteria.
L12. The Contractor, on an immediate and first priority basis, shall make available all its resources and
equipment to the City in the event of an Act of God (i.e. 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 or his designee. Work may include but is not limited to
roadway clearing, extensive clean-up and disposal activities. All debris removed from the City will
be legally disposed of at an EPA and/or City approved dump site. Each May 1st, the Contractor
shall submit, for City approval, a hurricane mobilization and preparedness plan specifically
relating to manpower, equipment and scheduling.
L13. 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
representative in order to avoid unnecessary damage to irrigation lines.
L14. 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.
L15. The Contractor must have substantial experience in the large scale landscape and irrigation
maintenance of parks, 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, including the
maintenance of a wethose or similar sub-surface irrigation system. Proof of such shall be
required at bid submittal.
L16. Aerial spraying of trees, with the exception of Royal Palms, is prohibited.
L17. The Contractor, at his satellite storage facility, must maintain an adequate supply of lumber for
bracing of fallen trees.
L18. All irrigation lines are to be flushed, c1eaned, and maintained monthly, or as required to maintain
the required water flow. All valves, controllers, and other components must be maintained on a
regular basis at no additional charge. This will include, but not be limited to, the checking of
breaks in the lateral lines. All irrigation breaks or malfunctions must be repaired by the
Contractor within 24 hours notification by City (including weekends). This includes all vehicular
damage to irrigation and/or landscape materials. Furthermore, all damages noticed by
Contractor shall be reported to City within 24 hours.
L18.1. Requirements for existing irrigation system on Collins Avenue median:
L.18.1.1.The Collins Avenue median is irrigated through a 'wethose' subsurface irrigation
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BID No. 07-10-04
system supplied by City water meters, with the exception of median island 'bullnoses'
which are watered with overhead irrigation.
L18.2. Required on-going maintenance as follows:
L18.2.1 Monthly - Turn system on with controllers and check program. Ajust 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 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.
L18.2.2.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.
L18.2.3.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).
L18.2.4.Accidental damage to system - Follow the monthly procedure and be mindful to
always flush the system before and after making repairs.
L1S.3. Requirements for Conventional Irrigation Systems within project limits: The Contractor is
to familiarize himself with the existing irrigations 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, always
following any South Florida Water Management District drought guidelines. Contractor is to perform
monthly wet tests, to verify viability of system, on the last Wednesday of each month. On the first day of
each month report to City, in writing, indicating proper operation of each zone, required repairs,
additional costs and updated run time per zone.
L19. The Contractor, at his/her expense, will be responsible for the proper maintenance, replacement,
repair, or retro-fitting of all irrigation components. The wholesale cost of parts only will be borne
by the City, with proper documentation and approval by the City. Labor costs will be paid by the
City at the contract approved hourly rate. Any necessary repairs, other than routine irrigation
head replacement must be approved in writing by the City prior to start of work.
L20. Fertilizer and materials shall be delivered in original, unopened, and undamaged containers
showing weight, analysis, and name of manufacturer. All fertilizer materials shall be stored in
manner to prevent wetting and deterioration.
L21. Fertilizer and insect/disease control materials shall be applied at the rates established by
accepted horticultural standards, manufacturer's recommendations, and as approved by City.
L21.1 Lawn: For control of fire ants, use Award Fire Ant Killer. Follow manufacturer's
instructions for applications amounts and rates.
L21.1.1. February - Apply granular 20-0-20 with Atrazine or approved equal; St.
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BID No. 07-10-04
Augustine 'Floratam' Sod and 'Argentine' Bahia Sod.
L21.1.2. May - Apply liquid 16-4-8 with micro-nutrients and Telstar or equal insect
control.
L21.1.3. September - Apply liquid 16-4-8 with micro-nutrients and Telstar or equal insect
control.
L21.1.4. December - Apply granular 20-0-10 with Atrazine.
L21.1.5. 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.
L21.2 Palms (except Phoenix Dactilifera and Phoenix Canariensis Date Palms):
L21.2.1. Apply four applications per year (at quarterly intervals) of liquid 16-4-8 with
micro-nutrients and granular 13-3-13 with micro-nutrients.
L21.2.2. The time of the applications will coincide with the lawn applications.
L21.2.3. The liquid and granular applications will alternate throughout the year (2
applications of liquid and 2 of granular).
L21.2.4. Supplemental Manganese Sulfate and Sul-po-mag may be required to correct
nutrient deficiency.
L21.2.5. OTC (Lethal Yellowing) injections, as required.
L21.3 Trees:
L21.3.1. Three applications per year of 13-3-13 granular fertilizer or approved equal.
L21.3.2. Shrubs and Groundcover: 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. All Ixora species shall receive
TRI-NITE (or equivalent) w/minor elements fertilizer.
L21.3.3. Due to lack of above ground irrigation on Collins Avenue median, plant
material is to receive for applications per year (each three months) of liquid 16-4-8 with micro-
nutrients (no granular fertilizer is to be used).
L21.4. Seasonal Color:
L21.4.1. Apply one initial and one "mid-term" application of Nutricote total 70 day 13-3-
13 fertilizer for each seasonal color planting.
L21.5 Phoenix Dactilifera (Date Palms):
L21.5.1. Frequency of Treatment: Palms will be fertilized and treated for disease and
insect control on a bi-monthly basis.
L21.5.2. Fertilization (4 applications per year): In March and June, fertilize with 8-10 Ibs.
of 12/5/12 with minors or close equivalent. In September and December, fertilize with 3 tp 4 Ibs.
of 12/5/12 with minors. Fertilizer should be spread in small piles spaced evenly around the base
of the trunk approximately 12 inches out from the base.
L21.5.3. Disease Control: In March and September, root drench with Chip-Co 26019
and Chip-Co Aliette. In June and December, root drench with Clearys 3336 and Chip-Co Aliete.
In April, July and October, root drench with Subdue.
L21.5.4. Treatment for lethal yellowing: Apply injection of OTC, 5-8cc. per tree per
application. These treatments are to occur on an "as needed" basis only and as directed by City.
L21.5.5. Insect Control: In January, April, August and November, inspect terminal bud
for signs of boring/chewing insects. If evidence of a nest is discovered, drench terminal bud with
Orthene, Cygon or Lindane six times per year or as needed to control insect infestation (Lindane
is to be used in limited amounts and only if evidence of beetles is present). The applicatons
assume a continuing boring insect presence of site. Any spraying of top of palms must occur on
weekdays between the hours of 4am and 7am.
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L21.5.6. Requirements: Date Palm pest control contractor must be a State of Florida
licensed pest control operator with a minimum of five years of experience in this type of work. 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 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.
L22. Inspect 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.
L23. All herbicide applications will be applied only by a State of Florida and Dade County licensed
pesticide applicator. Proof of license must be supplied to City prior to start of work.
L24. Weed Control: Maintain all tree and shrub beds in a weed free condition by hand pulling or
chemical control, at each maintenance visit. For 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 or string trimmers for trees and palms within
lawn area in order to avoid trunk damage. No green weeds shall be visible in any landscape
beds on the final day of each month.
L25. All weeds that appear within sidewalk or curbing expansion joints are to be continually controlled
through the use of herbicide.
L26. Preventive spraying for insect control shall adhere to the following guidelines.
L26.1 Lawn: Spray all lawn and athletic field areas as required, for control of all chinch bugs, army
worms, sod webworm, fungus, fire ants, 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.
L26.2 Shrubs: Spray shrubs and ground cover (excluding bougainvillea), as needed, with insecticide.
Follow manufacturer's instructions for application, using Integrated Pest Management Principles.
L26.3. OTC (Lethal Yellowing) injections: Upon evidence of lethal yellowing, immediately begin (4) gram
injection, per palm, of OTC tree injection formula (Tree Saver Inc. or equal). Follow
manufacturers recommendations re: injection method and frequency.
L26.4. Red Eye Royal Palm Bug: Upon evidence of deterioration of the head of the palm, begin a 5
gallon per palm soil drench with Merrit soil drench. Perform a second soil drench within 21 days.
Follow manufacturers' recommendations re: installation methods.
L26.5. In some heavy infestations, a foliar application of Cygon is recommended for immediate results.
Drench head of palm until runoff occurs and repeat foliar spray within 21 days.
NOTWITHSTANDING ANY LANGUAGE IN THIS CONTRACT, ALL CHEMICAL APPLICATIONS SHALL
REQUIRE WRITTEN APPROVAL BY CITY PRIOR TO APPLICATION. CONTRACTOR SHALL SUBMIT
YEARLY, QUARTERLY, AND MONTHLY CALENDARS FOR APPROVAL PURPOSES RELATING TO CHEMICAL
APPLICATIONS AND LOCATIONS.
L27. All mowers must be rotary mowers with a maximum of a 72" cut. They shall be adjusted to 2
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BID No. 07-10-04
1/2" or 3" cutting height as directed by City, shall be in good repair, shall have no oil or gas
leaks, and shall be equipped with grass catchers and sharp blades. Mower blades shall be
sharpened or new prior to each cut. All rotary mowers must be mulching-type mowers with no
discharge allowed, or all clippings must be manually removed. All equipment must be maintained
in sound working condition in order not to exceed comfortable decibel levels or as determined by
the City at its sole discretion. 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.
L28. Premium 'Red' or Premium 'Gold' colored mulch (provide evidence of type and grade of mulch, to
City, prior to delivery, for approval by City's' Landscape Architect). Color to be specified by City.
Mulch shall be placed around all planting areas not covered by shrubs, ground cover, or existing
mulch (two times per year, or as directed by City), so as to effect a 2.5" mulch depth. Mulch
shall be installed so as to not be within 3" of base of plant material. Contractor will provide and
install all required mulch at the contract unit prices.
L29. All mowing waste shall be removed and properly disposed of from curbs, gutters, and general
site. Weekend mowing is not allowed unless specifically authorized in writing by the City,
however, cleanup, as defined in these specifications, is required. The Government Center and
Charter School shall be mowed only on Saturdays. Wind-row mowing patterns are not permitted.
L30. The mowing of all Bermuda turf is not to exceed 11/2" height or as directed by the City, with a
hydrostatic reel type mower. Remove all clippings with each cut. Reel mowers shall be in good
repair and blades sharpened weekly. All Bermuda turf shall be mowed and edged a minimum of
two times per week, including weekends (104 cuts). Turf shall be cross-cut. 'Choice' mole
cricket control (on Bermuda turf) chemical shall be used once per year during the month of May.
The Contractor shall follow the manufacturer's instructions for application methods and amounts.
The Contractor shall apply Diazanon, on Bermuda turf, and on an "as needed" and curative basis
only. The Contractor shall apply Daconil fungicide at the first appearance of fungus and following
the manufacturer's instructions for application methods and amounts.
L31. For fungus control on Bermuda turf, the Contractor shall use two applications of Pendulum or
Ronstar. The first application is to occur in March and the second application is to occur in
September.
L32. For weed control, on Bermuda turf, the Contractor shall use two applications of Pendulum or
Ronstar. The first application is to occur in March and the second application is to occur in
September, following the manufacturer's instructions for application methods and amounts.
L33. For fertilization on Bermuda turf, the Contractor shall apply Lesco 13-2-13 a minimum of twelve
times per year. The Contractor is responsible for contracting with a laboratory approved by the
City, to complete two soil analysis per year to verify the minor element requirements, and adjust
fertilizer application as needed. The Contractor will submit soil analysis to City for review by City
Landscape Architect.
L34. The Contractor shall aerate Bermuda turf with a turf aerator each month (12 times per year), and
shall coordinate dates for this work with the City. The mowing of all other areas (except
Bermuda turf) shall occur every ten calendar days from October 1st through April 1st and every
seven calendar days from April 1st through October 1st (44 cuts). Remove and properly dispose
of all visible grass clippings from curbs, gutters and general site.
L35. To maintain the ballfield, the Contractor shall drag, grade, stripe, and smooth the clay infield,
including base paths (days to be determined by City, including Sundays). The City will advise the
Contractor of additional field preparation, as needed, with a minimum of six hours notice. The
PAGE 57 OF 92
BIO No. 07-10-04
Contractor shall tamp mound area two times per week and fill in existing holes with available clay
(supplied by Contractor) and firm the area with a hand tamp.
L36. The Contractor shall edge, as required, to maintain a neat, clean appearance to maintain the
shape of planting beds as originally designed.
L37. The Contractor shall lift all trees over 20' height and adjacent to walks and vehicular areas to a
minimum of 12' of clear trunk, and maintain minimum of 8' clear trunk for all other trees. The
Contractor shall trim shrubs and ground cover, as needed. On SR AlA (Collins Avenue) the
Contractor shall trim shrubs and groundcover, as needed, to meet the criteria set forth in FDOT
Index 546, which mandates a maximum height of 24" from top of adjacent curb, remove dead
and dying fronds from palms, as needed, for a clean appearance, but shall use no climbing
spikes. The Contractor shall Trim Coconut Palms (frond and fruit removal) three times per year,
selectively trim existing trees in accordance with Tree Care Industry Association and Dade County
standards and practices, to maintain a minimum of 8 feet of clear trunk, and remove suckers,
shoots, and dead or dying branches. All tree, palm, and shrub pruning is included in this
contract. When trimming Phoenix Dactilifera (Date Palm), the Contractor shall completely dip
trimming utensils in a solution of 50% chlorine and 50% water prior to moving to adjacent palm.
The Contractor shall not do major tree or shrub pruning between November 1st and March 15th,
unless requested by City. The Contractor shall maintain integrity of original design when
trimming and shall not box plants whose habits of growth do not lend themselves to this type of
trimming. The Contractor shall not use a machete for trimming, shall haul away all trimming
debris from site, and properly dispose of at Contractor's expense.
L38. The Contractor shall hand pull weeds in shrub and ground cover area, as needed to maintain a
clean appearance, apply approved herbicides, as needed, to control weeds in sidewalk, curb,
catch basins, and gutter areas, haul away all trimming debris from site, and properly dispose of
at Contractor's expense. Empty and dispose of contents of all trash containers on a daily basis,
including weekends and holidays. The Contractor is responsible for disposal of all trash in
accordance with Federal, State and local regulations.
L39. For clean-up, the Contractor shall use a mechanized low-decibel blower to remove all debris from
all walks, drives, roads, and pedestrian areas, as often as requested by City, shall remove all
excess soil, trimmings, debris, and equipment from site after each visit. 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.
L40. 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 calendar days by the vendor at his expense. Rejected
areas left longer than fifteen 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.
DOCUMENT CONTINUES ON NEXT PAGE
PAGE 58 OF 92
BID No. 07-10-04
SUBMITTED THIS
DAY OF
,20
If BIDDER is: AN INDIVIDUAL
By (SEAL)
(Individual's Name)
Doing business as :
Business address
Phone No
Facsimile No
If BIDDER is: A PARTNERSHIP
By (SEAL)
(Firm's Name)
General Partner
Business address
Phone No
Facsimile No
If BIDDER is: A CORPORATION
By
(Corporation's Name)
State of Incorporation:
Representative
(Name of Person Authorized to Sign)
Title
Business address
Phone No
Facsimile No
Attest:
(President)
(Corporate Seal)
If BIDDER is: A JOINT VENTURE
(Name) (Address)
(Name) (Address)
(Each joint venture must sign. The manner of signing for each individual, partnership, and corporation
that is a party to the joint venture should be in the manner indicated above.)
PAGE 59 OF 92
BID No. 07-10-04
CERTIFICATE OF AUTHORITY
(IF CORPORATION)
STATE OF
COUNTY OF
I HEREBY CERTIFY that a meeting of the Board of Directors of the
a corporation existing under the laws of the State of
, held on
20_, the following resolution was duly passed and adopted:
"RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Bid dated,
, 20_ , to the City of Sunny Isles Beach and this corporation and that their
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
,20_.
Secretary:
(SEAL)
PAGE 60 OF 92
BID No. 07-10-04
CERTIFICATE OF AUTHORITY
(IF PARTNERSHIP)
STATE OF
COUNTY OF
I HEREBY CERTIFY that a meeting of the Board of Directors of the
a corporation existing under the laws of the State of
, held on
20_, the following resolution was duly passed and adopted:
"RESOLVED, that,
, as
of the Partnership, be and
is hereby authorized to execute the Bid dated,
20
, to the City of Sunny Isles
Beach and this partnership and that their execution thereof, attested by the
shall be the official act and deed of this Partnership."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
, day of
,20
Secretary:
(SEAL)
PAGE 61 OF 92
BID No. 07-10-04
CERTIFICATE OF AUTHORITY
(IF JOINT VENTURE)
STATE OF
COUNTY OF
I HEREBY CERTIFY that a meeting of the Principals of the
a corporation existing under the laws of the State of
, held on
20_, the following resolution was duly passed and adopted:
"RESOLVED, that,
as
Venture be and is hereby authorized to execute the Bid dated,
Isles Beach official act and deed of this Joint Venture."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
20
Secretary:
(SEAL)
END OF SECTION
PAGE 62 OF 92
BID No. 07-10-04
of the Joint
20_, to the City of Sunny
, day of
SECTION 8
BID BOND
STATE OF FLORIDA )
)
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal, and ,
as Surety, are held and firmly bound unto the City of Sunny Isles Beach, a municipal
corporation of the State of Florida in the sum of
Dollars ($ ), lawful money of the United States, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has
submitted the accompanying Bid dated, 2007 for:
WHEREAS, it was a condition precedent to the submission of said Bid that a cashier's
check or Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with
said Bid as a guarantee that the Bidder would, if awarded the Contract, enter into a
written Contract with the City for the performance of said Contract, within ten (10)
consecutive calendar days after written notice having been given of the Award of the
Contract.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within
ten (10) consecutive calendar days after written notice of such acceptance, enters into
a written Contract with the City of Sunny Isles Beach and furnishes the Performance
and Payment Bonds, satisfactory to the City, each in an amount equal to one hundred
percent (100%) of the Contract Price, and provides all required Certificates of
Insurance, then this obligation shall be void; otherwise the sum herein stated shall be
due and payable to the City of Sunny Isles Beach and the Surety herein agrees to pay
said sum immediately, upon demand of the City, in good and lawful money of the
United States of America, as liquidated damages for failure thereof of said Principal.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under
their several seals this day of ,20 , the
name and the corporate seal of each corporate party being hereto affixed and these
presents being duly signed by its undersigned representative.
DOCUMENT CONTINUES ON NEXT PAGE
PAGE 63 OF 92
BID NO. 07-10-04
IN PRESENCE OF:
Individual or Partnership Principal
Affix Corporate Seal
Business Address
City, State, and Zip Code
Business Telephone
Business Facsimile
ATTEST:
Secretary
(Corporate Surety)*
By:
*Impress Corporate Seal
IMPORTANT
Surety companies executing bonds must appear on the Treasury Department's most
current list (circular 570 as amended) and be authorized to transact business in the
State of Florida.
END OF SECTION
PAGE 64 OF 92
BID No. 07-10-04
SECTION 9
BIDDER QUALIFICATION STATEMENT
The Bidder's response to this questionnaire will be utilized as part of the City's overall Bid Evaluation and
Contractor selection.
The undersigned guarantees, by signature, the truth and accuracy of all statements and the answers
contained herein.
9.1. Please describe your company in detail.
9.2. The address of the principal place of business is:
9.3. Company telephone number:
9.4. Number of employees:
9.5. Number of employees assigned to this project:
9.6. Company's Identification Number(s) for the Internal Revenue Service:
9.7. Miami-Dade County and City of Sunny Isles Beach Occupational License Number(s):
9.8. How many years has your organization been in business?
9.9. What similar engagements is your company presently working on? If none, write "none".
PAGE 65 OF 92
BID No. 07-10-04
9.10. Have you ever failed to complete any work awarded to you? If so, where and why?
9.11. The work described in this project is to occur within public right-of-ways, parks, public facilities,
and buildings. List similar governmental or quasi-governmental projects for which you have completed or
have on-going services. If none, write "none".
PROJECT 1:
Project Name/Location
Owner Name
Contact Person
Contact Telephone No.
Yearly Budget/Cost
Dates of contract
From:
To:
PROJECT 2:
Project Name/Location
Owner Name
Contact Person
Contact Telephone No.
Yearly Budget/Cost
Dates of contract
From:
To:
PROJECT 3:
Project Name/Location
Owner Name
Contact Person
Contact Telephone No.
Yearly Budget/Cost
Dates of Contract
From:
To:
PAGE 66 OF 92
BID No. 07-10-04
9.12. List the following information concerning all contracts in progress as of the date of submission of
this Bid. (In case of joint venture, list the information for all joint ventures.) If none, write "none".
Total Contracted Percentage
Project Owner Contract Date of of
Name Value Completion Completion
(to date)
9.13. Has the Bidder or his/her representative inspected the public right-of-ways, parks, public
facilities, and buildings; and does the Bidder have a complete plan for its performance?
9.14. Will you Sub-Contract any part of this work?
If so, give details including a list of each Sub-Contractor that will perform work and the work that
will be performed by each Sub-Contractor.
Classification of Work
Name and Address of Sub-Contractor
If, prior to Notice of the Award, the City or the Contractor has reasonable objection to
and refuses to accept any Supplier, person or organization listed, the Bidder may,
prior to Notice of Award, submit an acceptable substitute without an increase in their
bid price.
PAGE 67 OF 92
BID No. 07-10-04
9.15. State the name of your proposed staff supervisor and give details of his/her qualifications and
experience in managing similar work.
9.16. State the true, exact, correct and complete name of the partnership, corporation or trade name
under which you do business and the address of the place of business. (If a corporation, state
the name of the president and secretary. If a partnership, state the names of all partners. If a
trade name, state the names of the individuals who do business under the trade name.)
9.16.1. Correct name of the Bidders is:
9.16.2. The business is a (Sole Proprietorship) (Partnership) (Corporation).
9.16.3. The names of the corporate officers, or partners, or individuals doing business under a
trade name, are as follows:
9.16.4. List all organizations which were predecessors to Bidder or in which the principals or
officers of the Bidder were principals or officers. If none, write "none".
9.17. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or
against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years.
Include in the description the disposition of each petition. If none, write "none".
9.18. List and describe all successful Bid, Performance or Payment Bond claims made to your
surety(ies) during the last three (3) years. The list and descriptions should include claims against the
bond of the Bidder and its predecessor organization(s). If none, write "none".
PAGE 68 OF 92
BID No. 07-10-04
9.19. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder
or its predecessor organization(s) during the last three (3) years. The list shall include all case
names; case, arbitration or hearing identification numbers; the name of the project. If none,
write "none".
Dated this
day of
,2007.
BY:
Signature
Print Name
Title
The foregoing instrument was acknowledged before me this
20_, by
day of
(AFFIX NOTARY STAMP HERE)
Notary Public - State of Florida
Print or Type Commissioned Name
Personally Known
Produced Identification
OR
; Type of Identification Produced
END OF SECTION
PAGE 69 OF 92
BID NO. 07-10-04
SECTION 10
NON-COLLUSION AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF )
The undersigned being first duly sworn as provided by law, deposes, and says:
10.1. This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny
Isles Beach City Commission and that it will be relied upon by said County, in any consideration which
may give to and any action it may take with respect to this Bid.
10.2. The undersigned is authorized to make this Affidavit on behalf of,
(Name of Corporation, Partnership, Individual, etc.)
a,
, formed under the laws of
(Type of Business)
(State)
of which he is
(Sole Owner, Partner, President, etc.)
10.3. Neither the undersigned nor any person, firm, or corporation named in above Paragraph 11.2,
nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone
else to solicit favorable action for this Bid by the City, also that no head of any department or employee
therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein.
10.4. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in
Paragraph 11.2 has not colluded, conspired, connived or agreed directly or indirectly with any bidder or
person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain
from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or
communication or conference with any person, firm or corporation, to fix the prices of said proposal or
proposals of any other bidder; and all statements contained in the proposal or proposals described above
true; and further; neither the undersigned, nor the person, firm or corporation named above in
Paragraph 11.2, has directly or indirectly submitted said proposal or the contents thereof, or
divulged information or data relative thereto, to any association or to any member or agent thereof.
AFFIANT'S NAME
AFFIANT'S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _ day of
,200_.
Personally Known
Type of identification
or Produced Identification
(Affix seal here)
NOTARY PUBLIC (name printed or typed)
END OF SECTION
PAGE 70 OF 92
BID No. 07-10-04
SECTION 11
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 See.
287.017, FS 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.
Bidder's must disclose with their Bids, 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 it's agencies.
PAGE 71 OF 92
BID No. 07-10-04
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.
11.1. This sworn statement is submitted to City of Sunny Isles Beach City Commission
by
[print individual's name and title]
for
[print name of entity submitting sworn statement]
whose business address is:
and (if applicable) its Federal Employer Identification number (FEIN) is
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement: .)
11.2. 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.
11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trail court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of
guilty or nolo contendere.
11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime; or
b.) 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
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 a person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
11.5. 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,
PAGE 72 OF 92
BID No. 07-10-04
executives, partners, shareholders, employees, members, and agents who are active in
management of any entity.
11.6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (Indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any 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 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 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY
AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS
FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION
CONTAINED IN THIS FORM.
By:
(Signature)
(Printed Name)
(Title)
Sworn to and subscribed before me this
day of
, 20_, by
(AFFIX NOTARY STAMP HERE)
Signature: Notary Public - State of Florida
Print or Type Commissioned Name
Personally Known OR Produced Identification
Type of Identification Produced
END OF SECTION
PAGE 73 OF 92
BID No. 07-10-04
SECTION 12
NOTICE OF AWARD
TO:
PROJECT DESCRIPTION: Landscape Maintenance Services Contract, Bid No.
The City has considered the Bid submitted by you for the above described Work in response to its
Advertisement for Bid and Instruction to Bidders.
You are hereby notified that your Bid has been accepted for the Landscape Maintenance Services
Contract Bid # , in the estimated amount of $
You are required by the Instruction to Bidders to execute the Agreement and furnish the required
Contractor's Performance Bond, Payment Bond and Certificates of Insurance within ten days from the
date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds and Insurance within ten days from the
date of this Notice, the City will be entitled to disqualify the Bid, revoke the award and retain the Bid
Security.
Dated this
day of
,20_.
BY:
A. John Szerlag, City Manager
ACCEPTANCE OF NOTICE OF AWARD
Receipt of the above Notice of Award is hereby acknowledged by
this
day of
,20_.
BY:
TITLE:
You are required to return an acknowledged copy of this Notice of Award to the City.
END OF SECTION
PAGE 74 OF 92
BID No. 07-10-04
SECTION 13
DRAFT AGREEMENT
CITY OF SUNNY ISLES BEACH
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
WITH
CONTRACT NO: C0708-
THIS SERVICE AGREEMENT ("Agreement") made and entered into this day August
2007, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the
State of Florida (hereinafter referred as to "City"), and , a Florida corporation,
authorized to do business in the State of Florida (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, Contractor has expressed the ability and desire to provide Services, subject to the
terms and conditions contained herein, and has submitted a proposal to the City as more fully described
in Attachment "A", which is attached hereto and made a part hereof; and
WHEREAS, the City's Code provides that any purchase in excess of $25,000.00 requires City
Commission approval and compliance with the City's procurement code, which mandates that such
purchases must be awarded by competitive bidding, with certain limited exceptions; and
WHEREAS, in response to the City's Request for Qualifications No. and Resolution
No. , the City has qualified and ranked , as the first of the three continuing
Contractor positions with the City.
NOW THEREFORE, in consideration of the foregoing and for the mutual covenants,
representations and warranties and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
13.1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and
made a part hereof for reference.
13.2. SERVICES. Contractor shall provide to the City, continuing consulting Services in connection
with performing landscape architectural services, as more particularly described in Attachment "AU
attached hereto and made a part hereof.
13.3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth
hereunder, this Agreement shall be for a term of three (3) years with two (2) options to renew this
Agreement for three (3) years each, and shall commence upon execution by both parties and the
issuance of a Notice to Proceed. In the event both the City and Contractor agree and elect to exercise its
option to renew, Contractor agrees to honor the same prices reflected in Attachment "A".
13.4. COMPENSATION. Payment to Contractor for all charges under this Agreement shall be in
accordance with this Agreement and a schedule of charges reflected in Attachment "AU. Contractor shall
submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City
PAGE 75 OF 92
BID No. 07-10-04
shall pay Contractor only for Services actually performed. 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.
13.5. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City Commission.
13.6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent
contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any
action of the parties shall be construed to constitute or to render the Contractor an employee, partner,
agent, shareholder, officer or in any other capacity other than as an independent contractor other than
those obligations which have been or shall have been undertaken by the City. Contractor shall be
responsible for any and all of its own expenses in performing its duties as contemplated under this
Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall
have no duty to withhold any Federal income taxes or pay Social Security services and that such
obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall
furnish its own transportation, office and other supplies as it determines necessary in carrying out its
duties under this Agreement.
13.7. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the
Contractor pursuant to this Agreement and related Services to this Agreement are intended and
represented for the ownership of the City only. Any other use by Contractor or other parties shall be
approved in writing by the City. If requested, Contractor shall deliver the documents to the City within
fifteen (15) calendar days.
13.8. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its
officers, agents, and employees from, and against, any and all claims, actions, liabilities, losses and
expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful
death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have
risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or
other personal entity acting under Contractor's control in connection with the Contractor's performance of
Services pursuant to that Agreement and to that extent the Contractor shall pay such claims and losses
and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims
and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all
costs and attorneys' fees expended by the City in defense of such claims and losses including appeals.
The parties agree that ten percent (10%) of the total compensation is a specific consideration from the
City to the Contractor for this indemnity.
Contractor shall, at its own 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, Contractor's or
employees, as more particularly set forth below:
General liability insurance, including broad form contractual liability
coverage for all operations, including but not limited to, contractual,
products, and completed operations, personal injury and property
damage liability with minimum limits of Four Million Dollars ($4,000,000)
combined single limit occurrence.
Worker's compensation insurance at the statutory amount to apply for all
employees in compliance with the "Workers' Compensation Law" of the
State of Florida and all applicable federal laws. In addition, the
PAGE 76 OF 92
BID No. 07-10-04
policy(ies) must include: Employers' Liability at the statutory coverage
amount. The Contractor shall further insure that all of its Sub-
Contractors maintain appropriate levels of worker's compensation
insurance.
Business Automobile Liability which shall include coverage for all owned,
non-owned and hired vehicles for minimum limits of not less than One
Million Dollars ($1,000,000) per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability.
Such insurance shall not diminish Contractor's 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. Prior to the execution of this Agreement, 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.
13.9. TERMINATION.
If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or
otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City
shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its
option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of
the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured
after ten (10) days the City may terminate this Agreement.
In the event of termination, all finished and unfinished documents, data and other work product prepared
by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the
Contractor for all Services satisfactorily performed prior to the date of termination, as provided in
Paragraph 14.4 herein.
Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages
sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably
withhold payment to Contractor for the purposes of set-off until such time as the exact amount of
damages due the City from the Contractor is determined.
Termination for Convenience of Citv. The City may, for its convenience and without
cause terminate the Services then remaining to be performed at any time by giving
Contractor ten (10) days written notice. The terms of Paragraph 14.12 shall be applicable
hereunder.
Termination for Insolvencv. The City also reserves the right to terminate the remaining Services to
be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes
any assignment for the benefit of creditors.
13.10. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
PAGE 77 OF 92
BID No. 07-10-04
accordance with the procedures, rules and regulations of the American Arbitration Association. The
decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the
award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be
held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties
shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be
responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be
determined by the court on confirmation.
13.11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this
Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor
shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other
than in the discharge of the duties of the Contractor under this Agreement, any information which the
City designates in writing as "confidential." As a violation by the Contractor of the provisions of this
Section could cause irreparable injury to the City and there is no adequate remedy at law for such
violation, the City shall have the right, in addition to any other remedies available to it at law or in equity,
to enjoin the Contractor in a court of equity for violating such provisions.
13.12. 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: A. John Szerlag With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Ave. City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160 18070 Collins Avenue
Ph: 305-792-1701 Sunny Isles Beach, Florida 33160
Ph: 305-792-1702
If to the Contractor:
13.13 GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida. Venue shall be in Miami-Dade County, Florida.
13.14. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of THREE (3) years.
13.15. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights
ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act
of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended,
Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by
Executive Orders 11375 and 12086.
The Contractor will not discriminate against any employee or applicant for employment because of race,
color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial
status, or status with regard to public assistance. The Contractor will take affirmative action to insure
PAGE 78 OF 92
BID No. 07-10-04
that all employment practices are free from such discrimination. Such employment practices include but
are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, termination, rates of payor other forms of compensation, and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause.
The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section
504 of the Rehabilitation Act of 1973 (29 U.S.c. 708), which prohibits discrimination against the
handicapped in any Federally assisted program.
13.16. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-
Dade County Conflict of Interest Ordinance Section 2-11.1, as amended and by the City of Sunny Isles
Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in
connection with the Agreement conditions hereunder.
The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly which should conflict in any manner or degree with the performance of the Services. The
Contractor further covenants that in the performance of this Agreement, no person having any such
interest shall knowingly be employed by the Contractor. No member of, or delegate to the Congress of
the United States shall be admitted to any share or part of this Agreement or to any benefits arising there
from.
13.17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any
other conflicting provisions that are contained in any other document.
13.18. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly incorporated
herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed,
modified, extended or rescinded only by a writing signed by the party against whom any such
amendment, waiver, change, modification, extension and/or rescission is sought.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the
day and year first written above.
WITNESSES:
COMPANY'S NAME
BY:
Company
CITY OF SUNNY ISLES BEACH
ATTEST:
BY:
BY:
Jane A. Hines, CMC, City Clerk
Norman S. Edelcup, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Hans Ottinot, City Attorney
END OF SECTION
PAGE 79 OF 92
BID No. 07-10-04
SECTION 14
NOTICE TO PROCEED
TO:
DATE:
PROJECT DESCRIPTION: Landscape Maintenance Services Contract, Bid No.
accordance with Contract Documents.
, in
You are hereby notified to commence Work in accordance with the Agreement dated
on or before
BY:
A. John Szerlag, City Manager
ACCEPTANCE OF NOTICE TO PROCEED
Receipt of the above Notice to Proceed is hereby acknowledged by
this
day of
,20_.
BY:
TITLE:
You are required to return an acknowledged copy of this Notice to Proceed to the City.
END OF SECTION
PAGE 80 OF 92
BID NO. 07-10-04
SECTION 15
FORM OF PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
, as Principal, hereinafter called Contractor, and,
as Surety, are bound to the City of Sunny Isles
Beach, Florida, as Obligee, hereinafter called City, in the amount of [type in amount ]
Dollars ($ ) for the payment whereof Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No. [type
in Bid No. ], awarded the day of , 20 ,
with Landscape Maintenance Services in accordance with contract documents prepared by the City of
Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the
Contract;
THE CONDITION OF THIS BOND is that if the Contractor:
15.1. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages
for delay and other consequential damages caused by or arising out of the acts, omissions or negligence
of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate
proceedings, that City sustains because of default by Contractor under the Contract; and
15.2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) supplying
Contractor with all labor, materials and supplies used directly or indirectly by Contractor in the
prosecution of the Work provided for in the Contract, then this obligation shall be void; otherwise, it shall
remain in full force and effect subject, however, to the following conditions:
15.2.1. A claimant, except a laborer, who is not in privity with the Contractor and who has not
received payment for their labor, materials, or supplies shall, within forty-five (45) days
after beginning to furnish labor, materials, or supplies for the prosecution of the Work,
furnish to the Contractor a notice that they intend to look to the Bond for protection.
15.2.2. A claimant who is not in privity with th e Contractor and who has not received payment
for their labor, materials, or supplies shall, within ninety (90) days after performance of
the labor, or after complete delivery of the materials or supplies, deliver to the
Contractor and to the Surety, written notice of the performance of the labor or delivery
of the materials or supplies and of the non-payment.
15.2.3. No action for the labor, materials, or supplies may be instituted against Contractor or
the Surety unless the notices stated under the preceding paragraphs 16.2.1 and 16.2.2
have been given.
15.2.4. Any action under this Bond must be instituted in accordance with the Notice and Time
Limitations provisions prescribed in Section 255.05(2), Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents
PAGE 81 OF 92
BID No. 07-10-04
and compliance or noncompliance with any formalities connected with the Contract or the changes do not
affect the Surety's obligation under this Bond.
Signed and sealed this
day of
,20
WITNESS:
BY:
(Name of Corporation)
Secretary
(Signature)
(CORPORATE SEAL)
(Type Name and Title Signed Above)
IN THE PRESENCE OF; INSURANCE COMPANY:
BY:
*Agent and Attorney-in-Fact
* (Power of Attorney must be attached)
(Address)
(City /State/Zip Code)
(Telephone)
STATE OF FLORIDA )
)
COUNTY OF )
,
[name of person], as
AFFIX NOTARY STAMP HERE:
Signature: Notary Public - State of Florida
Print or Type Commissioned Name
Personally Known OR Produced Identification
Type of Identification Produced
PAGE 82 OF 92
BID No. 07-10-04
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the corporation named as
Principal in the foregoing Payment Bond; that , who signed the
Bond on behalf of the Principal, was then of said corporation; that I
know his/her their signature; and his/her their signature thereto is genuine; and that said Bond was duly
signed, sealed and attested to on behalf of said corporation by authority of its governing body.
(CORPORATE SEAL)
NAME OF CORPORATION
SECRETARY OF CORPORATION
END OF SECTION
PAGE 83 OF 92
BID No. 07-10-04
SECTION 16
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
, as Principal, hereinafter called
Contractor, and , as Surety, are bound to the City
of Sunny Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: 07-
10-04, awarded the day of ,20_, with Landscape Services Maintenance
in accordance with contract documents prepared by the City of Sunny Isles Beach, which Contract is by
reference made a part hereof, and is hereafter referred to as the Contract;
THE CONDITION OF THIS BOND is that if the Contractor:
16.1. Fully performs the Contract between the Contractor and the City for Landscape Maintenance
Services (Bid No. 07-10-04) within calendar days after the date of Contract commencement
as specified in the Notice to Proceed and in the manner prescribed in the Contract; and
16.2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages
for delay and other consequential damages caused by or arising out of the acts, omissions or negligence
of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate
proceedings, that City sustains because of default by Contractor under the Contract; and
16.3. Upon notification by the City, corrects any and all defective or faulty Work or materials which
appear within one and one half (1 1/2) years, and:
16.4. Performs the guarantee of all Work and materials furnished under the Contract for the time
specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor
shall be, and declared by City to be, in default under the Contract, the City having performed City's
obligations thereunder, the Surety may promptly remedy the default, or shall promptly:
16.4.1. Complete the Contract in accordance with its terms and conditions; or
16.4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and
conditions, and upon determination by Surety of the best, lowest, qualified, responsible
and responsive Bidder, or, if the City elects, upon determination by the City, and Surety
jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a
Contract between such Bidder and City, and make available as Work progresses (even
though there should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds to pay the cost
of completion less the balance of the Contract Price; but not exceeding, including other
costs and damages for which the Surety may be liable hereunder, the amount set forth in
the first paragraph hereof. The term "balance of the Contract Price." as used in this
paragraph, shall mean the total amount payable by City to Contractor under the Contract
and any amendments thereto, less the amount properly paid by City to Contractor.
PAGE 84 OF 92
BID No. 07-10-04
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the
City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents
and compliance or noncompliance with any formalities connected with the Contract or the changes do not
affect Surety's obligation under this Bond.
Signed and sealed this
day of
,20
WITNESS:
BY:
(Name of Corporation)
Secretary
(Signature)
(CORPORATE SEAL)
(Type Name and Title Signed Above)
IN THE PRESENCE OF; INSURANCE COMPANY:
BY:
*Agent and Attorney-in-Fact
* (Power of Attorney must be attached)
(Address)
(City/State/Zip Code)
(Telephone)
STATE OF FLORIDA
COUNTY OF
,
[name of person], as
AFFIX NOTARY STAMP HERE:
Signature: Notary Public - State of Florida
Print or Type Commissioned Name
Personally Known OR Produced Identification
Type of Identification Produced
PAGE 85 OF 92
BID No. 07-10-04
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the corporation named as
Principal in the foregoing Payment Bond; that , who signed the
Bond on behalf of the Principal, was then of said corporation; that I
know his/her their signature; and his/her their signature thereto is genuine; and that said Bond was duly
signed, sealed and attested to on behalf of said corporation by authority of its governing body.
(CORPORATE SEAL)
NAME OF CORPORATION
SECRETARY OF CORPORATION
END OF SECTION
PAGE 86 OF 92
BID No. 07-10-04
SECTION 17
ACKNOWLEDGMENT OF CONFORMANCE
WITH OSHA STANDARDS
To: City of Sunny Isles Beach
We, , hereby acknowledge and
[Prime Contractor]
agree that we, as the Prime Contractor for the Landscape Maintenance Services Contract, 07-10-04, as
specified, have the sole responsibility for compliance with all the requirements of the Federal
Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and
agree to indemnify and hold harmless the City of Sunny Isles Beach against any and all liability, claims,
damages losses and expenses they may incur due to the failure of
[Sub-Contractor]
[Sub-Contractor]
[Sub-Contractor]
to comply with such act or regulation.
CONTRACTOR
TITLE
BY:
END OF SECTION
PAGE 87 OF 92
BID NO. 07-10-04
SECTION 18
EQUAL OPPORTUNITY I AFFIRMATIVE ACTION STATEMENT
The contractors and all subcontractors hereby agree to a commitment to the
principles and practices of equal opportunity in employment and to comply with the
letter and spirit of federal, state, and local laws and regulations prohibiting
discrimination based on race, color, religion, national region, sex, age, handicap,
marital status, and political affiliation or belief.
Signed:
Title:
Firm:
Add ress:
END OF SECTION
PAGE 88 OF 92
BID No. 07-10-04
SECTION 19
CONFLICT OF INTEREST STATEMENT
STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
was duly sworn, deposes, and states:
, who
with a local office in
of
and
19.1.
I
am
the
principal office in
19.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No.
07-10-04 described as: Landscape Maintenance Services.
19.3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit
based upon his own knowledge.
19.4. The Affiant states that only one submittal for the above bid is being submitted and that the
above named entity has no financial interest in other entities submitting bids for the same project.
19.5. Neither the Affiant nor the above named entity has directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive
pricing in connection with the entity's submittal for the above bid. This statement restricts the discussion
of pricing data until the completion of negotiations if necessary and execution of the Contract for this
project.
19.6. Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or
otherwise ineligible from participation in contract letting by any local, State, or Federal Agency.
19.7. Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict
of interest due to any other clients, contracts, or property interests for this project.
19.8. I certify that no member of the entity's ownership or management is presently applying for any
employee position or actively seeking an elected position with the City of Sunny Isles Beach.
19.9. I certify that no member of the entity's ownership or management, or staff has a vested interest
in any aspect of the City of Sunny Isles Beach.
19.10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the
above named entity, will immediately notify the City of Sunny Isles Beach.
Dated this
day of
,2007.
AFFIANT
Print or Type Name and Title
Sworn to and subscribed before me this _ day of
o Personally Known OR
o Produced Identification ; Type of Identification
,2007.
NOTARY PUBLIC STATE OF FLORIDA
PAGE 89 OF 92
BID No. 07-10-04
SECTION 20
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a "X" after "Yes" or "No". If you answer "Yes",
please explain in the space provided, or on a separate sheet attached to this form.
20.1. Has you firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within
the last five (5) years?
YES
NO
20.2. Has your firm, or any member of your firm, been declared in default, terminated or removed
from a contract or job related to the services your firm provides in the regular course of business within
the last five (5) years?
YES
NO
20.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, bid
protests, or litigation in the past five (5) years that is related to the services your firm provides in the
regular course of business?
YES NO If yes, state the nature of the request for equitable adjustment,
contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of
the suit and the monetary amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of
this bid for the City of Sunny Isles Beach, Bid No. 07-10-04, Landscape Maintenance Services.
Firm
Date
Authorized Signature
Print or Type Name and Title
END OF SECTION
PAGE 90 OF 92
BID No. 07-10-04
r--
SECTION 21
ANTI -KICKBACK AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF )
I, the undersigned, hereby duly sworn and deposed say that no portion of this sum
herein bid will be paid to any employees of the City of Sunny Isles Beach or its elected
officials as a commission, kickback, reward or gift, directly or indirectly by me or any
member of my firm or by an officer of the corporation.
By:
Title:
The foregoing instrument was acknowledged before me this
, 20_, by
day of
[name of person], as
[type of authority], for
[name of party on behalf of whom instrument
was executed].
AFFIX NOTARY STAMP HERE:
Notary Public - State of Florida
Print or Type Commissioned Name
Personally Known OR Produced Identification
Type of Identification Produced
END OF SECTION
PAGE 91 OF 92
BID No. 07-10-04
r---
SECTION 22
BID CHECKLIST
THE FOLLOWING ARE REQUIREMENTS OF THIS BID. USE OF THIS CHECKLIST WILL HELP ENSURE
THAT YOUR SUBMISSION IS COMPLETE.
Place a check mark in the "Done" column as you complete and enclose each item.
Required Done Requirement
./ Bid Response Sheet/Bid Form/Bid Specifications
./ Bid Security - Five Percent (5%)
./ Certificate(s) of Insurance
./ Certificates of Competencies
./ Local Business Tax (Occupational Business License)
./ State License( s)
./ List of Proposed Sub-Contractors
./ Bidder Qualification Statement
./ Non-Collusion Affidavit
./ Non-Kickback Affidavit
./ Public Entity Crimes Sworn Statement
./ Acknowledgement of Conformance with OSHA Standards
./ Equal Opportunity/Affirmative Action Statement
./ Conflict of Interest Statement
./ Dispute Disclosure Form
./ Bid Checklist
This checklist must be part of the Bid. Please read the entire Bid documents thoroughly to ensure that
your submission is complete.
END OF SECTION
PAGE 92 OF 92
BID No. 07-10-04