Loading...
HomeMy WebLinkAboutSpecifications LANDSCAPE MAINTENANCE SERVICES BID SPECIFICATIONS Invitation to Bid No. 10-05-01 Publish Date: May 10, 2010 Mandatory Pre-Bid Conference: May 26, 2010 at 3:00 PM Bid Due and Bid Opening Date: June 10, 2010 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 Legal Advertisement/Notice to Bidders Instructions to Bidders General Conditions Summary of Work Processing of Statement of Services/Invoices Bid Response Sheet/Bid Form/Bid Specifications Bid Form Bid Item Specifications 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 Performance Bond Section 15 Acknowledgement of Conformance with OSHA Standards Section 16 Equal Opportunity / Affirmative Action Statement Section 17 Conflict of Interest Statement Section 18 Dispute Disclosure Form Section 19 Anti-Kickback Affidavit Section 20 Bid Checklist Section 21 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 PAGE 2 OF 96 BID No. Page 2 Page 3 Page 4 Page 10 Page 24 Page 25 Page 26 Page 28 Page 48 Page 69 Page 71 Page 76 Page 77 Page 80 Page 81 Page 87 Page 88 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 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. 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 Wednesday, June 9th, 2010 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. 10-05-01 LANDSCAPE MAINTENANCE SERVICES OPENING DATE AND TIME: Thursday, June 10th, 2010 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 3:00 p.m. on May 26, 2010 in the First Floor Conference Room at the City of 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, and represents the best value to, the Owner in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. All questions regarding Invitation to Bid No. 10-05-01 shall be directed in writing to Jane A. Hines, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions may be submitted via email to: JHines@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Jane Hines, CMC, City Clerk City of Sunny Isles Beach END OF SECTION PAGE 3 OF 96 BID No. 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 lowest responsible and responsive bidder whose bid best serves the interests of and represents the best value to the City in conformity with the criteria set forth in Section 62-8 of the City Code. It is the intent of the City that in the event both parties agree and elect to exercise its option to renew, the contractor shall honor the same prices reflected in its bid response during the optional renewal period(s), unless the City agrees in writing to a price change prior to the commencement of the optional renewal period(s). 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 Jane A. Hines, CMC, City Clerk via email to:JHines@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for clarification/explanation or questions must be made in writing to Jane A. Hines, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Interpretations or clarifications considered necessary by the City 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/RFP/RFQ 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). PAGE 4 OF 96 BID No. 3.7. Public Entity Crimes Statement: Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida statutes _"a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, 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. 10-05-01 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 PAGE 5 OF 96 BID No. ~ facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Bidder, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of 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 City 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 bid shall be awarded to the lowest responsible and responsive bidder whose bid best serves the interests of and represents the best value to the City in conformity with the criteria set forth in Section 62-8 of the City Code. 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 13. 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. The Bidder who has the Contract awarded to them and who fails to execute the Agreement and furnish the Performance Bond 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 Bond: The City of Sunny Isles Beach shall require the successful Bidder to furnish a Performance Bond in the amount of 100% of the total Bid Price, with the City of Sunny Isles Beach as the PAGE 6 OF 96 BID No. 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 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 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. PAGE 7 OF 96 BID No. 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 reSDonse. 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 City Manager 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 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 PAGE 8 OF 96 BID No. 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 PAGE 9 OF 96 BID No. 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 bond 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, the Agreement between the City and Contractor as well as any addenda thereto, 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. PAGE 10 OF 96 BID No. 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 conditions 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. 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 PAGE 11 OF 96 BID No. 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. The bid shall be awarded to the lowest responsible and responsive bidder whose bid best serves the interests of and represents the best value to the City in conformity with the criteria set forth in Section 62-8 of the City Code. 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 be the lowest dollars and cents bid. 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 dollars and cents 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 13) the Performance 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 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 (containing all the provisions of the Performance Bond herein). The Performance 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. 4.4.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds PAGE 12 OF 96 BID No. -~ 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 "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 PAGE 13 OF 96 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 Two Million Dollars ($2,000,000.00) 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: 4.12.2.1 4.12.2.2 4.12.2.3. 4.12.2.4. 4.12.2.5. 4.12.2.6. Premises and Operation Independent Contractors Products and/or Completed Operations Hazard 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. 4.12.3. 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: 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 and 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. PAGE 14 OF 96 BID No. 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: 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. PAGE 15 OF 96 BID No. - 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 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 PAGE 16 OF 96 BID No. 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. Duty to defend, indemnify and save harmless: In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Contractor shall defend, 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 Work described in the Contract Documents, 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 defend, 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, defend and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.5., 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 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 Work 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). PAGE 17 OF 96 BID No. 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. 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 PAGE 18 OF 96 BID No. 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 equipment shall accrue to City, 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 fee, 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 PAGE 19 OF 96 BID No. 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 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. PAGE 20 OF 96 BID No. 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 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. 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. PAGE 21 OF 96 BID No. 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. 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. PAGE 22 OF 96 BID No. 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-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. 4.37. 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. 4.38. 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 23 OF 96 BID No. ~ 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 24 OF 96 BID No. 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 25 OF 96 BID No. 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. 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.) Addendum No. Addendum No. Addendum No. Addendum No. Dated: Dated: Dated: Dated: 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 Time and in accordance with other PAGE 26 OF 96 BID No. .- 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 27 OF 96 BID No. ,;..~D' ~ 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 OUANTITY UNIT BID TOTAL A. PLANTINGS 8r. APPLICATIONS X $ $ Seasonal Color Replacement: Plant 4.5 inch Al Impatiens and remove old plantings; and fertilize 15,000 plants with Osmocote<ID Per Plant = X $ $ Seasonal Color Replacement: Plant 4.5 inch A2 Begonias and remove old plantings; and fertilize 15,000 plants with Osmocote<ID Per Plant = X $ $ Seasonal Color Replacement: Plant 4.5 inch A3 Caladiums and remove old plantings; and fertilize 15,000 plants with Osmocote<ID Per Plant = X $ $ Seasonal Color Replacement: Plant 1.0 gallon A4 Impatiens and remove old plantings; and fertilize 11,000 plants with Osmocote<ID Per Plant = X $ $ Seasonal Color Replacement: Plant 1.0 gallon AS Begonias and remove old plantings; and fertilize 11,000 plants with Osmocote<ID Per Plant = X $ $ Seasonal Color Replacement: Plant 1.0 gallon A6 Caladiums and remove old plantings; and fertilize 11,000 plants with Osmocote<ID Per Plant = X $ $ A7 Plant 1.0 Gallon Euphorbia milii 'Rosy' (Dwarf 5,000 plants Crown of Thorns) and remove old plantings; and fertilize Per Plant = A8 Aechmea "Blanchetiana": 3 gallons PAGE 28 OF 96 - A9 Asparagus Densiflorus Myers "Foxtail Fern": 3 gallons Al0 Begonias: 1 gallon All Caladium: 1 gallon A12 Cardboard Plants: 7 gals A13 Chrysobalanus icaco "Cocoplum": 3 gallons A14 Clusia "Guttifera": 7 gallons Codiaeum Variegatum - Crotons "Mammey": 3 A15 gallons Codiaeum Variegatum Crotons "petra": 3 gallons A16 Conocarpus Erectus "Green Buttonwood": 3 A17 gallons Conocarpus Erectus Sericeus "Silver Buttonwood": A18 3 gallons Conocarpus Erectus Sericeus "Silver A19 Buttonwood": 15 gallons A20 Cora "Vinca": 1 gallon A21 Cordyline Terminalis "Hawaiian ti": 3 gallons A22 Cordyline Terminalis "Red ti": 3 gallons PAGE 29 OF 96 BID No. . . .. A23 Crinum Augustum "Queen Emma": 7 gallons A24 Crinum x Amabile "Giant Spider Lily": 7 gallons A25 Crotons: 3 gallons A26 Dianella Tasmanica "Flax Lily": 3 gallons A27 Duranta Erecta sp "Golden Mound": 3 gallons Duranta Repens "Purple Golden Dewdrop": 3 A28 gallons A29 Euphorbia Milii "Crown of Thorns": 3 gallons A30 Ficus Microcarpa "Green Island": 3 gallons A31 Hamelia Patens "Firebush": 3 gallons A32 Impatiens Lipstick Hot Pink: 1 gallon A33 Impatiens Red, Violet and White: 1 gallon A34 Ixora "Nora Grant": 3 gallons A35 Ixora "Taiwanese": 7 gallons A36 lasminum "Simplicifolum": 3 gallons PAGE 30 OF 96 BID No. ~ A37 Periwinkle: 1 gallon A38 Philodendron "Selloum": 7 gallons A39 Philodendron "Xanadu": 7 gallons A40 Ruellia Brittoniana "Purple Showers": 3 gallons A41 Scheflerra Arbicola "Trinette": 3 gallons A42 Sea Oats: Grow tuber 6" deep A43 Serenoa Repens Saw Palmetto: 7 gallons A44 Serenoa Repens Saw Palmetto: 15 gallons A45 Spathiphyllum: 14" Spathoglottis Unguiculata "Ground Orchid": 1 A46 gallon Spathoglottis Unguiculata "Ground Orchid": 3 A47 gallons TREES/PALMS A48 Adonidia Merrillii "Christmas Palm": 8'-10' double Bursera Simaruba "Gumbo Limbo" A49 14'-16'ht, 6'-7' spr. PAGE 31 OF 96 BID No. Cassia Surattensis "Glaucous Cassia" A50 10'-12' o.a. FG Clusia "Guttifera" "Small leaf Clusia": A51 8'-10' Cocos Nucifera "Coconut Palm": A52 7'-9' g.w. Cocos Nucifera "Coconut Palm" A53 8'-10' c.t. Cocos Nucifera "Coconut Palm" A54 12' c.t. Cocos Nucifera "Green Malayan Palm" ASS 3' c.t. Cocos Nucifera "Green Malayan Palm": A56 4'g.w. Conocarpus Erectus "Green Buttonwood": A57 12'-14' ht. o.a. Cordia Sebestena "Orange Ginger": A58 12' o.a. Hibiscus Standard "Anderson Crepe": A59 8-10' o.a. ligustrum Japonicum "Japanese Privet": A60 8' o.a. livistona Chinensis "Chinese Fan Palm": A61 12'-14' o.a. Phoenix "Dactylifera" Palms: A62 12' Phoenix Dactylifera "Medjool Date Palm": A63 12 c.t. PAGE 32 OF 96 BID No. Phoenix Roebelenii Palm "Pygmy Date Palm": A64 5'-7' o.a. triple Ptychosperma Elegans "Alexander Palm": A65 S'-10' o.a. double Quercus Virginiana "Live Oak": A66 lS'-20'o.a. Quercus Virginiana "Live Oak": A67 14'-16' o.a. Roystonea Elata "Florida Royal Palm": A6S 12' g.w. Roystonea Elata "Florida Royal Palm": A69 6'g.w. Sabal Palmetto "Cabbage Palm": A70 16'-20'o.a. Taxodium Dstichum "Bald Cypress" A71 12'.14' o.a. Thrinax Radiata "Florida Thatch Palm" A72 6'-S' o.a. Veitchia "Montgomeriana" A73 12' single truck Veitchia Merrilii "Christmas Palm" A74 IS' o.a., single Veitchia montgomeriana "Montgomery palm": lS'- A75 20', triples Soil and Maintenance Supplies X $ $ A76 Merit Soil Drench for Royal Palms 75 Applications Per Applicationl Per Tree = PAGE 33 OF 96 Rm Nn x $ $ A77 Cygon (or acceptable alternative) Foliar Spray for 75 Applications Per Royal Palms Applicationl Per Tree = X $ $ 300 Applications A78 Phoenix Dactilfera Maintenance Per Application = X $ $ 400 Applications A79 Coconut Palm OTC Injection Per Application = X $ $ 10,000 A80 Application of Fertilizer to Grassy Areas Square Feet Per Square Foot - X $ $ Application of Herbicide to Landscaped Areas 3,000 A81 Square Feet Per Square Foot - X $ $ Application of Insecticides to Landscaped Areas 30,000 A82 Linear Feet Per Linear Foot - $ 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 = PAGE 34 OF 96 BID No. 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 = X $ $ 50 Hours B8 One Irrigation Laborer (All other times) Per Hour = $ B SUBTOTAL C. EQUIPMENT X $ $ Cl One Front End Loader with Backhoe, including an 250 Hours Operator Per Hour - X $ $ C2 One Front End Loader with Backhoe, including an 30 Days Operator Per Dav - X $ $ C3 One Front End Loader with Backhoe, including an 4 Weeks Operator Per Week - X $ $ C4 One Front End Loader with Backhoe, including an 1 Month Operator Per Month - X $ $ C5 One 15,000 GVW (or larger) Dump Truck with an 100 Hours Operator Per Hour - X $ $ C6 One 15,000 GVW (or larger) Dump Truck with an 10 Days Operator Per Dav - X $ $ C7 One 15,000 GVW (or larger) Dump Truck with an 1 Week Operator Per Week - X $ $ C8 One 15,000 GVW (or larger) Dump Truck with an 1 Month Operator Per Month = PAGE 35 OF 96 BID No. x $ $ C9 One Trailer Mounted Water Tank (500 gallon 20 Days minimum) with Pump and Hose Reel Per Dav = X $ $ Cl0 One Trailer Mounted Water Tank (500 gallon 2 Weeks minimum) with Pump and Hose Reel Per Week = X $ $ Cll One Trailer Mounted Water Tank (500 gallon 1 Month minimum) with Pump and Hose Reel Per Month = X $ $ C12 One Self Propelled 24" Deep by 6" Wide Trencher 50 Hours with an Operator Per Hour = X $ $ C13 One Self Propelled 24" Deep by 6" Wide Trencher 5 Days with an Operator Per Dav = X $ $ C14 One Self Propelled 24" Deep by 6" Wide Trencher 2 Weeks with an Operator Per Week = X $ $ C15 One Self Propelled 24" Deep by 6" Wide Trencher 1 Month with an Operator Per Month = X $ $ C16 Bucket Truck (equipment only) 50 Hours Per Hour = X $ $ C17 Chipper Brush (equipment only) 50 Hours Per Hour = X $ $ C18 Stump Grinder(equipment only) 50 Hours Per Hour = X $ $ Grapple Loader C19 (30 cubic yard capacity, 50 Hours equipment only) Per Hour = $ C SUBTOTAL D. MATERIALS PAGE 36 OF 96 BID NO. x $ $ Dl Topsoil (70/30 Mix) 200 Cubic Delivered and Installed Yards Per Cubic Yard = X $ $ D2 Premium Red or Premium Gold Mulch Delivered 2,000 Cubic and Installed Yards Per Cubic Yard = X $ $ D3 #70 Trap Sand 700 Cubic Yards Delivered and Installed Per Cubic Yard = X $ $ D4 Atlas 3000 (or equal) Mix 300 Cubic Yards Delivered and Installed Per Cubic Yard = X $ $ D5 Solid St. Augustine Floratam Sod Delivered and 2500 Installed Square Feet Per Square Foot = X $ $ D6 Solid St. Augustine Floratam Sod Delivered and 5 Pallets of 500 Installed Square Feet Per Pallet = X $ $ D7 Solid Bermuda 'Tifway 419' Turf 5 pallets of 400 Square Delivered and Installed Feet Per Pallet = X $ $ DB Solid Paspalum Notatum 'Argentine' Bahia Sod 5 pallets of 400 Square Delivered and Installed Feet Per Pallet = $ D SUBTOTAL E. PARKS X $ $ Gwen Margolis Park El (17815 North Bay Rd) 52 Weeks Weekly Maintenance per the Specifications Per Week = X $ $ E2 Town Center Park (17200 Collins Avenue) Weekly 52 Weeks Maintenance per the Specifications Per Week = X $ $ E3 Samson Oceanfront Park (17425 Collins Avenue) 52 Weeks Weekly Maintenance per the Specifications Per Week = PAGE 37 OF 96 BID No. x $ $ E4 Pelican Community Park (18115 North Bay Road) 52 Weeks Weekly Maintenance per the Specifications Per Week - X $ $ E5 Golden Shores Park (201195 Street) Weekly 52 Weeks Maintenance per the Specifications Per Week - X $ $ E6 Heritage Park (19250 Collins Avenue) Weekly 52 Weeks Maintenance per the Specifications Per Week - X $ $ E7 Bella Vista Park (500 Sunny Isles Boulevard) 52 Weeks Weekly Maintenance per the Specifications Per Week - X $ $ E8 Pier Park (16501 Collins Avenue) Weekly 52 Weeks Maintenance per the Specifications Per Week - X $ $ E9 Atlantic Isles Bridge Lagoon Area Weekly 52 Weeks Maintenance per the Specifications Per Week = X $ $ El0 Atlantic Isles West-End Cul-de-Sac Park Weekly 52 Weeks Maintenance per the Specifications Per Week = X $ $ Newport Pier Park Weekly Maintenance per the 52 Weeks Ell Specifications Per Week - $ E SUBTOTAL F. RIGHTS-OF-WAY X $ $ Fl Collins Avenue Weekly Maintenance per the 52 Weeks Specifications Per Week = X $ $ F2 Sunny Isles Boulevard Weekly Maintenance per the 52 Weeks Specifications Per Week = X $ $ F3 Lehman Causeway Weekly Maintenance per the 52 Weeks Specifications Per Week = PAGE 38 OF 96 BID No. x $ $ F4 174th Street (including medians) Weekly 52 Weeks Maintenance per the Specifications Per Week = X $ $ F5 15Sth Street Entrance Weekly Maintenance per the 52 Weeks Specifications Per Week = X $ $ F6 159th Street Weekly Maintenance per the 52 Weeks Specifications Per Week - X $ $ F7 Atlantic Isles Weekly Maintenance per the 52 Weeks Specifications Per Week = X $ $ F8 North Bay Road (southern section) Weekly 52 Weeks Maintenance per the Specifications Per Week - X $ $ F9 172nd Street Weekly Maintenance per the 52 Weeks Specifications Per Week = X $ $ Fl0 175th Terrace Weekly Maintenance per the 52 Weeks Specifications Per Week - X $ $ F11 North Bay Road (northern section) Weekly 52 Weeks Maintenance per the Specifications Per Week - X $ $ F12 Atlantic Boulevard (southern section) Weekly 52 Weeks Maintenance per the Specifications Per Week - X $ $ F13 177th Drive Weekly Maintenance per the 52 Weeks Specifications Per Week - X $ $ F14 Church Street Weekly Maintenance per the 52 Weeks Specifications Per Week = X $ $ F15 17Sth Drive Weekly Maintenance per the 52 Weeks Specifications Per Week = PAGE 39 OF 96 BID No. x $ $ F16 179th Drive Weekly Maintenance per the 52 Weeks Specifications Per Week - X $ $ F17 180th Drive Weekly Maintenance per the 52 Weeks Specifications Per Week - X $ $ F18 1815t Drive Weekly Maintenance per the 52 Weeks Specifications Per Week = X $ $ F19 182nd Drive Weekly Maintenance per the 52 Weeks Specifications Per Week - X $ $ F20 183rd Street Weekly Maintenance per the 52 Weeks Specifications Per Week - X $ $ F21 185th Street Weekly Maintenance per the 52 Weeks Specifications Per Week - X $ $ F22 Atlantic Boulevard (northern section) Weekly 52 Weeks Maintenance per the Specifications Per Week - X $ $ F23 186th Street Weekly Maintenance per the 52 Weeks Specifications Per Week - X $ $ F24 187th Street Weekly Maintenance per the 52 Weeks Specifications Per Week - X $ $ F25 188th Street Weekly Maintenance per the 52 Weeks Specifications Per Week - X $ $ F26 189th Street Weekly Maintenance per the 52 Weeks Specifications Per Week - X $ $ F27 189th Terrace Weekly Maintenance per the 52 Weeks Specifications Per Week = PAGE 40 OF 96 BID No. x $ $ F28 190th Street Weekly Maintenance per the 52 Weeks Specifications Per Week - X $ $ F29 191st Street Weekly Maintenance per the 52 Weeks Specifications Per Week - X $ $ F30 191st Terrace Weekly Maintenance per the 52 Weeks Specifications Per Week - $ F SUBTOTAL G. BEACH & BEACH ACCESS PATHS X $ $ Gl Beach Cleaning (including raking and litter 150 Cleanups removal) for entire length of Sunny Isles Beaches Per CleanUD - X $ $ G2 Future Location of the Regalia 52 Weeks 19501 Collins Avenue Per Week - X $ $ Oceans I 52 Weeks G3 19405 Collins Avenue Per Week = X $ $ G4 Ellen Wynne 52 Weeks Near 192nd Street on Collins Avenue Per Week - X $ $ William "Bill" Lone 52 Weeks G5 19101 Collins Avenue Per Week = X $ $ G6 Cecile Sippin 52 Weeks 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 - PAGE 41 OF 96 BID No. x $ $ Millennium 52 Weeks G9 18671 Collins Avenue Per Week = X $ $ Trump 52 Weeks Gl0 18001 Collins Avenue Per Week - X $ $ Walter Bresslour 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 $ $ G16 Future Location of Paramount Beach 52 Weeks 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 $ $ G20 Trump I, II, & III 52 Weeks Near 160th Street on Collins Avenue Per Week = PAGE 42 OF 96 BID No. x $ $ Future Location of Solis 52 Weeks G21 15701 Collins Avenue Per Week - $ G SUBTOTAL H. BUS SHELTER LOCATIONS 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 = PAGE 43 OF 96 BID No. x $ $ 174 th Street 52 Weeks Hll (210 street address) Per Week - X $ $ 174 th Street 52 Weeks H12 (230 street address) Per Week - X $ $ 174 th Street 52 Weeks H13 Per (251 street address) Week - X $ $ 174 th Street 52 Weeks H14 (301 street address) Per Week - 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 $ $ 17Sth Drive at 17Sth Street 52 Weeks H17 Per Week - X $ $ 17Sth Street at 17Sth 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 $ $ H21 North Bay Road at 17Sth Drive 52 Weeks (east side) Per Week - X $ $ H22 North Bay Road at 17Sth Drive 52 Weeks (west side) Per Week = PAGE 44 OF 96 BID No. - x $ $ H23 Atlantic Boulevard at 180th Street 52 Weeks (east side) Per Week = X $ $ H24 Atlantic Boulevard at 191st Street 52 Weeks (east side) Per Week = $ H SUBTOTAL I. PARKING LOTS X $ $ I1 Under the 52 Weeks William Lehman Causeway Bridge Per Week = X $ $ 12 Under the north bound 52 Weeks William Lehman Flyover Ramp Per Week = X $ $ 13 Ellen Wynne Beach Access 52 Weeks Per Week = 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 PAGE 45 OF 96 BID No. 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 Pelican 60 Times Community Park Ball Field Per Year Per Maintenance = X $ $ Striping of the 50 Times K3 Pelican Community Park Ball Field Per Year (Chalk Powder) Per StriDina = X $ $ Striping of the K4 Gwen Margolis Park Soccer Field 60 Strippings (Paint) Per StriDina = 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 = X $ $ K7 Install, Straighten, and Remove Street Signs (not 75 Signs on FOOT maintained roads), as directed Per Sian = PAGE 46 OF 96 BID No. x $ $ K8 Remove all Shopping Carts from Public Property 40 Carts and Return to Owners Per Cart = X $ $ Clean, Repair, and Paint one Kg Bus Shelter or Bench 100 Times (with City specified paint, as needed) Per Time = X $ $ Install City-issued Banners or Flags, Including Kl0 Repairing or Replacing 300 Banners City-issued Banner Arms, as Directed Per Banner = X $ $ Move Lifeguard Stands Kll (in both normal and 20 Moves extreme weather conditions) Per Move = X $ $ K12 Remove or Cover Graffiti, 50 Hours as Directed Per Hour = $ 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 47 OF 96 BID No. BID ITEM SPECIFICATIONS 7.7 Bid Form Specifications A. PLANTINGS & APPLICATIONS Al. - A75. 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 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. A76. 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. A77. 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. A78. 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. A79. 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. A80. 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. A8l. 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. A82. 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. PAGE 48 OF 96 BID No. B. LABOR Bl. & 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. The City will supply all irrigation materials necessary under this item upon written request by the bidder's Irrigation Specialist. In emergency situations, the Irrigation Specialist may purchase the materials and will be reimbursed (at actual cost) by the City, but then only upon receipt of both the proper documentation of the emergency nature of the work and the proper original invoices for materials. 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. The City will supply all materials. C. EQUIPMENT Cl. 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. 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 Cll. 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. PAGE 49 OF 96 BID No. .......~ 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. el7. 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 Dl. 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 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 PAGE 50 OF 96 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 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 3 inches in height under normal conditions or 4 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 City will supply all irrigation materials necessary under this item upon written request by the bidder's Irrigation Specialist. In emergency situations, the Irrigation Specialist may PAGE 51 OF 96 BID No. purchase the materials and will be reimbursed (at actual cost) by the City, but then only upon receipt of both the proper documentation of the emergency nature of the work and the proper original invoices for materials. 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 F1. 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 City will supply all irrigation materials necessary under this item upon written request by the bidder's Irrigation Specialist. In emergency situations, the Irrigation Specialist may purchase the materials and will be reimbursed (at actual cost) by the City, but then only upon receipt of both the proper documentation of the emergency nature of the work and the proper original invoices for materials. 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 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 PAGE 52 OF 96 BID No. ~ 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 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 PAGE 53 OF 96 BID No. 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 City will supply all irrigation materials necessary under this item upon written request by the bidder's Irrigation Specialist. In emergency situations, the Irrigation Specialist may purchase the materials and will be reimbursed (at actual cost) by the City, but then only upon receipt of both the proper documentation of the emergency nature of the work and the proper original invoices for materials. 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 City will supply all irrigation materials necessary under this item upon written request by the bidder's Irrigation Specialist. In emergency situations, the Irrigation Specialist may purchase the materials and will be reimbursed (at actual cost) by the City, but then only upon receipt of both the proper documentation of the emergency nature of the work and the proper original invoices for materials. 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. K. MISCELLANEOUS ITEMS K1. 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 PAGE 54 OF 96 BID No. 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 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 PAGE 55 OF 96 BID No. 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. K10. 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 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 PAGE 56 OF 96 BID No. 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 FDOT 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 following equipment at the time of bid submittal. The City may require proof of such ownership or lease agreement at its sole discretion. L4. The Contractor must possess the following licenses and keep them current throughout the term 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. PAGE 57 OF 96 BID No. 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 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. LlO. 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. Ll1. 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. Ll2. 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. PAGE 58 OF 96 BID No. 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, cleaned, 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 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). PAGE 59 OF 96 BID No. , . L18.2.4.Accidental damage to system - Follow the monthly procedure and be mindful to always flush the system before and after making repairs. L18.3. 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. 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- PAGE 60 OF 96 BID No. 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. 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. PAGE 61 OF 96 .- 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 WRffiEN 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 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 1'12" 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 PAGE 62 OF 96 BID No. 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 Revere, Subdue, or approved equal. 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 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 PAGE 63 OF 96 BID No. 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. PAGE 64 OF 96 BID No. - 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 65 OF 96 BID No. 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 66 OF 96 BID No. 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 67 OF 96 BID No. 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 of the Joint Venture be and is hereby authorized to execute the Bid dated, 20_, to the City of Sunny 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 , day of ,20 Secretary: (SEAL) END OF SECTION PAGE 68 OF 96 BID No. SECTION 8 BID BOND STATE OF FLORIDA ) ) COUN1Y 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, 2010 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 Bond, 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 69 OF 96 BID No. 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 SECllON PAGE 70 OF 96 BID No. 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 71 OF 96 BID No. 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 72 OF 96 BID No. 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 73 OF 96 BID No. - 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 and/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 74 OF 96 BID No. ~ 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 ,2010. BY: Signature Print Name Title The foregoing instrument was acknowledged before me this 20_, by (AFFIX NOTARY STAMP HERE) day of Notary Public - State of florida Print or Type Commissioned Name Personally Known Produced Identification OR ; Type of Identification Produced END OF SECTION PAGE 75 OF 96 BID No. 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 10.2, 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 10.2 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 10.2, 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 76 OF 96 BID No. 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 Sec. 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 77 OF 96 BID No. -- 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 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 78 OF 96 BID No. 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 79 OF 96 BID No. SECTION 12 NOTICE OF AWARD TO: PROJECf 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, 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: Rick Conner, City Manager ACCEPTANCE Of NOTICE Of AWARD Receipt of the above Notice of Award is hereby acknowledged by this day of ,20_. BY: illLE: You are required to return an acknowledged copy of this Notice of Award to the City. END OF SECTION PAGE 80 OF 96 BID No. ~ SECTION 13 DRAFT AGREEMENT CITY Of SUNNY ISLES BEACH LANDSCAPE MAINTENANCE SERVICES AGREEMENT WITH CONTRACT NO: THIS SERVICE AGREEMENT ("Agreement") made and entered into this day of 20_, 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, pursuant to Resolution No. , adopted by the City of Sunny Isles Beach City Commission on . 2010, the City Commission accepted the competitive bid of Contractor to provide landscape maintenance services to the City (the "Work") and authorized the City Manager to enter into an agreement for the Work with the Contractor; and WHEREAS, Contractor has expressed the ability and desire to provide the Work 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. 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: ARTICLE 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. ARTICLE 2. SCOPE Of WORK. Contractor shall furnish all labor, materials and equipment and perform all the Work (as that term is defined in the "Invitation to Bid - Bid No. ") in the manner and form provided by this Agreement for the Contract Term set forth in Article 3 below. ARTICLE 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. ARTICLE 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 "A". Contractor shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Contractor only for Work 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 PAGE 81 OF 96 BID No. -. payment on the contested amounts until they are resolved by agreement with Contractor. 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" during the optional renewal period(s), unless the City agrees in writing to a price change prior to the commencement of the optional renewal period(s). ARTICLE S. TIME Of COMPLETION. The Contractor shall commence the Work to be performed under this Agreement and the Contract Documents within the number of consecutive days after the date of written notice from the City Manager or his designee to begin Work and shall fully complete the Work in accordance with this Agreement and the Contract Documents within the number of calendar days as set forth in the Contract Documents. ARTICLE 6. TIME IS Of THE ESSENCE; LIQUIDATED DAMAGES. It is mutually agreed between the parties hereto, that time is of the essence of this Agreement, and, in the event that the Work is not completed within the time specified in the Contract Documents, including this Agreement, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain for each day thereafter, Sundays and holidays included, the sum of $250.00 (two hundred and fifty dollars) per day for failure of the Contractor to complete the Work within the time stipulated, and that this sum is not a penalty, but will be the liquidated damage(s) that City will have sustained in the event of such default by the Contractor. ARTICLE 7. CONTRACT DOCUMENTS: All of the documents hereinafter listed form the Contract and they are as fully as part of the Contract as if attached to this Agreement, or repeated in this Agreement: ADVERTISEMENT FOR BID CONTRACTOR'S RESPONES TO ADVERTISEMENT TO BID CONTRACTOR'S BID BOND THIS AGREEMENT PERFORMANCE BOND INSTRUCTIONS TO BIDDERS SPECIFICATIONS ADDENDA ARTICLE 8. CONTINGENCY CLAUSE. Funding for this Agreement is contingent upon the availability of funds and continued authorization for project activities and is subject to amendment or termination due to lack of funds, reduction of funds, and/or change in regulations, upon thirty (30) days written notice. ARTICLE 9. MATERIALITY AND WAIVER Of BREACH. (a) City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof; and (b) City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. ARTICLE 10. SEVERANCE. In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor PAGE 82 OF 96 BID No. elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. ARTICLE 11. 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. ARTICLE 12. 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. ARTICLE 13. DUTY TO INDEMNIfY. DEfEND AND HOLD HARMLESS. 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. ARTICLE 14. INSURANCE. 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 Two Million Dollars ($2,000,000) 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 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 PAGE 83 OF 96 BID No. ~ 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. ARTICLE 15. 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 Work 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 Work satisfactorily performed prior to the date of termination. 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 City. 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 this Article, paragraph two above, 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. The terms of this Article, paragraph two above, shall be applicable hereunder. ARTICLE 16. 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-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. ARTICLE 17. 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 PAGE 84 OF 96 BID No. "'" 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. ARTICLE 18. 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: Rick Conner 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: ARTICLE 19. 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. ARTICLE 20. 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. ARTICLE 21. 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 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. PAGE 85 OF 96 BID No. ARTICLE 22. 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. ARTICLE 23. CONfLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. ARTICLE 24. 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 86 OF 96 BID No. 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: Rick Conner, 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 SECllON PAGE 87 OF 96 BID No. SECTION 15 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: 15.1. Fully performs the Contract between the Contractor and the City for Landscape Maintenance Services (Bid No. ) 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 15.2. 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 15.3. 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: 15.4. 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: 15.4.1. Complete the Contract in accordance with its terms and conditions; or 15.4.2. 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 88 OF 96 BID No. 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: * (Power of Attorney must be attached) *Agent and Attorney-in-fact (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 89 OF 96 BID No. CERTIfICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance 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 SECTlON PAGE 90 OF 96 BID No. SECTION 16 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, , 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 91 OF 96 BID No. SECTION 17 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: Address: END OF SEmON PAGE 92 OF 96 BID No. SECTION 18 CONFLICT OF INTEREST STATEMENT STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned authority, personally appeared was duly sworn, deposes, and states: , who 18.1. I am the with a local office in of and principal office in 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. described as: Landscape Maintenance Services. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3 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. 18.4 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. 18.5 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. 18.6 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. 18.7 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. 18.8 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. 18.9 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 ,2010. 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 ,2010. NOTARY PUBLIC STATE OF FLORIDA PAGE 93 OF 96 BID No. SECTION 19 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. 19.1. 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 19.2. 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 19.3. 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. , Landscape Maintenance Services. Firm Date Authorized Signature Print or Type Name and Title END OF SECTION PAGE 94 OF 96 BID No. SECTION 20 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 95 OF 96 SECTION 21 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 SECITON PAGE 96 OF 96 BID No.