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HomeMy WebLinkAboutITB 17-05-01 Landscape Maintenance ServicesCity of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  1     Invitation to Bid Goods & Services City Wide Landscape Maintenance Services Invitation to Bid No. 17-05-01 Advertisement Date: Friday, May 12, 2017 Mandatory Pre-Bid Conference:Wednesday, May 24, 2017 at 10:00 AM All Questions Due: Friday, June 9, 2017 by 5:00 PM Submission due date: Wednesday, June 28, 2017 at 2:30 PM Submit to: Sunny Isles Beach Government Center 18070 Collins Avenue, 4th Floor Sunny Isles Beach, Florida 33160   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  2     TABLE OF CONTENTS Contents Page No. Table of Contents……………………………………………………………………………………………………. 2 - 5 Legal Advertisement/Notice to Bidder……………………………………………………………………….. 6 Section 1: Instructions to Bidder / General Terms & Conditions 1.1 Clarification/Explanation/Questions ……………………………………………… 7 1.2 Plan Holder’s List ………………………………………………………………………. 7 1.3 Intention of the City ………………………………………………………………….. 7 1.4 Addenda to Specification ……………………………………………………………. 7 1.5 Special Accommodations ……………………………………………………………. 7 1.6 Public Entity Crimes Statement …………………………………………………… 7 1.7 Bid Deadline …………………………………………………………………………….. 7 1.8 Sealed Bid ……………………………………………………………………………….. 8 1.9 Bid Execution, Signatures, Erasure/Correction …………………………….. 8 1.10 Preparation of Bid ……………………………………………………………………. 8 1.11 Bid Preparation Costs and Related Costs ……………………………………. 8 1.12 Qualification of Bidders …………………………………………………………….. 8 1.13 Examination of Solicitation Documents & Site …………………………….. 8 1.14 Withdrawal of Bids …………………………………………………………………... 8 1.15 Bid Opening ……………………………………………………………………………… 8 1.16 Evaluation of Bids……………………………………………………………………… 8 1.17 Collusion………………………………………………………………………………….. 9 1.18 Agreement……………………………………………………………………………….. 9 1.19 Payments…………………………………………………………………………………. 9 1.20 Brand Names……………………………………………………………………………. 9 1.21 Material……………………………………………………………………………………. 9 1.22 Samples…………………………………………………………………………………… 9 1.23 Quantity Guaranty…………………………………………………………………….. 9 1.24 Governmental Restrictions on Materials………………………………………. 9 1.25 Safety Standards………………………………………………………………………. 10 1.26 Warranties……………………………………………………………………………….. 10 1.27 Copyrights/Patent Rights……………………………………………………………. 10 1.28 Local Business tax (Occupational License Registration)……………….... 10 1.29 Liability, Insurance, Permits and Licenses……………………………………. 10 1.30 Certificate(s) of Insurance…………………………………………………………. 10 1.31 Assignment………………………………………………………………………………. 10 1.32 Hold Harmless/Indemnification…………………………………………………... 11 1.33 Gratuities…………………………………………………………………………………. 11 1.34 Non-conformance to Contract…………………………………………………….. 11 1.35 Default Provisions……………………………………………………………………… 11 1.36 Secondary/Other Bidders…………………………………………………………… 11 1.37 Definitions………………………………………………………………………………… 11 1.38 Bid Award…………………………………………………………………………………. 13 City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  3     1.39 Execution of Agreement…………………………………………………………...... 14 1.40 Laws and Regulations…………………………………………………………………. 14 1.41 Taxes……………………………………………………………………………………….. 14 1.42 Duty to Defend, Indemnify and Save Harmless…………………………….. 14 1.43 Decisions on Disagreements……………………………………………………….. 14 1.44 City May Terminate……………………………………………………………………. 14 1.45 Miscellaneous……………………………………………………………………………. 15 1.46 Waiver of Jury Trial……………………………………………………………………. 15 1.47 Governing Law………………………………………………………………………….. 15 1.48 Venue………………………………………………………………………………………. 15 1.49 Project Records…………………………………………………………………………. 15 1.50 Severability……………………………………………………………………………….. 15 1.51 Independent Contractor……………………………………………………………… 15 1.52 Subcontractors………………………………………………………………………….. 15 1.53 Consultant Services……………………………………………………………………. 16 1.54 Authority of the Project Manager(s)…………………………………………….. 16 1.55 Hurricane Preparedness……………………………………………………………… 16 1.56 Time for Completion …………………………………………………………………... 16 Section 2: Special Terms & Conditions 2.1 Purpose of Bid……………………………………………………………………………. 17 2.2 Pre-Bid Conference…………………………………………………………………….. 17 2.3 Term………………………………………………………………………………………… 17 2.4 Options to Renew………………………………………………………………………. 17 2.5 Method of Award……………………………………………………………………….. 18 2.6 Multiple Award…………………………………………………………………………… 19 2.7 Collusion…………………………………………………………………………………… 19 2.8 Price…………………………………………………………………………………………. 20 2.9 Performance and Payment Bond………………………………………………….. 20 2.10 Bid Bond……………………………………………………………………………………. 20 2.11 Insurance………………………………………………………………………………….. 20 2.12 Monthly Invoicing………………………………………………………………………. 21 2.13 Federal, Local and State Regulations …………………………………………… 22 2.14 Personnel Requirements/Qualifications………………………………………… 22 2.15 Professional Organizations/Certifications……………………………………… 24 2.16 Uniform/Appearance…………………………………………………………………. 25 2.17 Standards of Conduct……………………………………………………………….. 25 2.18 Alcohol and Controlled Substances……………………………………………… 25 2.19 Employee Safety Requirements………………………………………………….. 25 2.20 Employee Training/Operating of Equipment…………………………………. 26 2.21 Safety Precautions…………………………………………………………………….. 26 2.22 Material Safety Data Sheets……………………………………………………….. 27 2.23 Protection of Property, Utilities and the Public……………………………… 27 2.24 Contractor’s Responsibility for Utility Properties and Service………….. 28 2.25 Access to Water and Utilities ………………………………………………………. 29 2.26 Coordination of the Work……………………………………………………………. 29 City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  4     2.27 Access to the Project Sites………………………………………………………….. 29 2.28 Clean-up…………………………………………………………………………………… 30 2.29 Maintenance & Service Plan……………………………………………………….. 30 2.30 Annual Execution Plan……………………………………………………………….. 31 2.31 Quality Control Plan………………………………………………………………….. 31 2.32 Weekly Work Plan……………………………………………………………………... 32 2.33 Monthly Report………………………………………………………………………….. 32 2.34 Emergency Response Plan ………………………………………………………….. 33 2.35 Priority ……………………………………………………………………………………… 33 2.36 Unsatisfactory Work to be Corrected by the Contractor………………….. 33 2.37 Termination for Convenience………………………………………………………. 34 2.38 Labor, Materials, & Equipment shall be Supplied by the Bidder……….. 34 2.39 Licenses, Permits and Fees………………………………………………………….. 35 2.40 Limited Contract Extension to Maintain Service Levels……………………. 35 2.41 Materials shall be New and Warranted against Defects…………………… 35 2.42 Additional Services Not Listed Within this Solicitation Based on Price Quotes ………………………………………………………………. 35 2.43 Deletion of Services……………………………………………………………………. 36 Section 3: Performance Standards/Technical Specifications 3.1 Scope of Services……………………………………………………………………….. 37 3.2 Locations of the Work…………………………………………………………………. 37 3.3 Satellite Storage and Operation Center………………………………………… 38 3.4 Equipment…………………………………………………………………………………. 38 3.5 Maintenance of Traffic………………………………………………………………… 39 3.6 Force Majeure………………….………………………………………………………… 40 3.7 Irrigation System Maintenance…………………………………………………….. 40 3.8 Pesticides and Fertilizers……………………………………………………………… 43 3.9 Weed Control……………………………………………………………………………… 49 3.10 Tree & Palm Maintenance……………………………………………………………. 50 3.11 Shrub & Groundcover Maintenance………………………………………………..51 3.12 Mulch………………………………………………………………………………………… 52 3.13 Mowing……………………………………………………………………………………… 52 3.14 Special Conditions for Bermuda Turf…………………………………………….. 54 3.15 Edging………………………………………………………………………………………. 55 3.16 Line Trimming……………………………………………………………………………. 56 3.17 Catch Basins……………………………………………………………………………… 56 3.18 Bus Shelter & Bench Locations…………………………………………………….. 56 3.19 Graffiti Removal…………………………………………………………………………. 57 3.20 Litter/Debris Removal…………………………………………………………………. 57 Section 4: Basic Services 4.1 Basic Services (“Recurring Monthly”)……………………………………………. 59 Section 5: Supplemental Services 5.1 Supplemental Services (“On Demand”)………………………………………… 63 City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  5     Section 6: Bid Submittal Forms……………………………………………………………………….. 70 Bid Form – Basic Services (“Recurring Monthly”)……………………………………. 71 Bid Form – Supplemental Services (“On Demand”)………………………………… 78 Acknowledgement of Addenda…………………………………………………………….. 89 Bid Submittal Form……………………………………………………………………………… 90 Section 7: Proposal Format & Questionnaire 7.1 Format…………..…………………………………………………………………………. 92 7.2 Questionnaire……………………………………………………………………………. 94 7.3 Equipment and Vehicles……………………………………………………………… 103 Client Reference Letter……………………………………………………………….. 104 Exhibits…………………………………………………………………………………………….. 105 Exhibit A - North Area Map Exhibit B - Central Area Map Exhibit C - South Area Map Exhibit D - Bus Shelter Locations Map Affidavits…………………………………………………………………………………………… 110 Non-Collusive Affidavit Public Entity Crimes Equal Opportunity / Affirmative Action Statement Conflict of Interest Statement Dispute Disclosure Form Anti-Kickback Affidavit Bid Bond Performance Bond City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  6     LEGAL ADVERTISEMENT NOTICE TO BIDDER NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as specified. City Wide Landscape Maintenance Services Invitation to Bid No. 17-05-01 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. Bidders 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 Bidders who are listed on the official list. The City may not accept incomplete Bids. 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 2:30 PM, on Wednesday, 06/28/2017 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. 17-05-01 City Wide Landscape Maintenance Services OPENING DATE AND TIME: Wednesday, 06/28/2017 at 2:30 PM A MANDATORY Pre-Bid Conference for all potential Bidders is set for 10:00 AM on May 24, 2017 in the First Floor Conference Room at the City of Sunny Isles Beach, Sunny Isles Beach Government 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. 17-05-01 shall be directed in writing to Mauricio Betancur, CMC, Deputy City Clerk, at least seven (7) business days prior to the date of the Bid opening. Questions may be submitted via email to: MBetancur@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Mauricio Betancur, CMC, Deputy City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Mauricio Betancur, CMC, Deputy City Clerk City of Sunny Isles Beach City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  7     SECTION 1 INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITI0NS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR ITB SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY. 1.1 CLARIFICATION/EXPLANATION/QUESTIONS: Any questions concerning the Bid Specifications or any required need for clarification must be made to Mauricio Betancur, CMC, City Clerk via email to: MBetancur@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Mauricio Betancur, CMC, Deputy 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 Mauricio Betancur, CMC, Deputy 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 Bid 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 Bidders from submitting their Bid on the required date and time as publicly noted. 1.2 PLAN HOLDER’S LIST: As a convenience to Bidders, the City of Sunny Isles Beach has made available via internet lists of all plan holders for each Invitation to Bid, 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. 1.3 INTENTION OF THE CITY: It is the intention of the City to describe in the ITB the Work to be completed in accordance with all codes and regulations governing all the Work to be performed under this Contract. Any work, labor, materials and/or equipment that may reasonably be inferred from the Contract as being required to produce the intended results must be supplied by Contractor whether or not specifically called for in the Contract Documents. Where words, which have well- known technical or trade meanings are used to describe Work, materials or equipment, such words will be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, will mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of Bids and Contractor must comply therewith. City will have no duties other than those duties expressly set forth within the Contract Documents. 1.4 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 sole responsibility of the Bidder 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. 1.5 SPECIAL ACCOMMODATIONS: Any person requiring a special accommodation at a Pre-Bid Conference or RFP/ITB/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 RFP/ITB/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). 1.6 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 Bidder 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 Bidder list”. 1.7 BID DEADLINE: Bids must be submitted no later than the time and date City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  8     shown within this document. 1.8 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. 1.9 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 bidders prior to the opening must be initialed and dated by the bidders. No changes or corrections will be allowed after Bids are opened. Bids must contain an original, manual signature of an by an officer or employee having authority to bind the company or firm. 1.10 PREPARATION OF BID: The Bid Form contains multiple line items and the Bidder must provide prices for all line items and must provide for the total Bid amount. Failure to include pricing on all line items as well as the total Bid Amount will result in the Bid being found non-responsive. Bidder must use the blank forms provided herein. The Bid must be signed and acknowledged by the Bidder in accordance with the directions on the ITB. Failure to utilize the City’s forms, or fully complete the required forms may result in determination that the Bid is non-responsive. A Bid will be considered non-responsive if it is conditioned on modifications, changes, or revisions to the terms and conditions of the ITB. The Bid prices are to include the furnishing of all labor, materials, equipment, all overhead/indirect expenses and profit, necessary for the completion of the Work, except as may be otherwise expressly provided in the Contract Documents. Joint venture firms or teaming agreements will not be considered for award under this ITB. 1.11 BID PREPARATION COSTS AND RELATED COSTS: All cost involved with the preparation and submission of a Bid to the City or any work performed in connection therewith is the sole responsibility of the Bidder(s). No payment will be made for any Bid received, or for any other effort required of or made by the Bidder prior to commencement of Work as defined by any contract duly approved by the City Commission or City Manager. The City will bear no responsibility for any cost associated with any judicial proceedings resulting from the ITB process. 1.12 QUALIFICATION OF BIDDERS: Bidder, by virtue of submitting its Bid, certifies that it is qualified and capable of performing the Work required under the Contract. To qualify for award, Bidder must meet the minimum qualification requirements stated in Section 1. Bidders must submit a completed Questionnaire Form utilizing the form included in Section 7 of the ITB. Failure to complete and submit this form or to meet the minimum qualifications will result in the Bid being deemed non-responsive. The City may at its sole discretion allow a Bidder to amend an incomplete Questionnaire during the evaluation process provided that the Bidder has included the Questionnaire in its Bid. 1.13 EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: 1.13.1 Examine the solicitation thoroughly. 1.13.2 Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. 1.13.3 Take into account federal, state, and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. 1.13.4 Study and carefully correlate Bidder’s observations with the solicitation. 1.13.5 Notify the City Clerk of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. 1.13.6 The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 1.14 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 Bidders in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. 1.15 BID OPENING: Bids will be opened publicly at the time and place stated in the Notice to Bidder. It is the responsibility of the bidders 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 Bidders 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. 1.16 EVALUATION OF BIDS: The City, at its sole discretion, reserves the right to inspect any/all Bidders facilities to determine their capability of City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  9     meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Bidders, 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. 1.16.1 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. 1.16.2 Cancellation: Failure on the part of the Bidders to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. 1.16.3 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. 1.17 COLLUSION: Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 1.18 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. The Bidder 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 Bidders 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 Bidders 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. 1.19 PAYMENTS: Payment will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or work order. Invoices must bear the work order number. 1.20 BRAND NAMES: If a brand name, make, of any "or equal" manufacturer trade name, or Bidder 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. Bidder 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. 1.21 MATERIAL: Material(s) delivered to the City under this Bid 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. 1.22 SAMPLES: Samples of items, when required, must be furnished by the Bidders free of charge to the City. Each individual sample must be labeled with the Bidders name and manufacturer's brand name and delivered by them within ten (10) calendar days of Bidders 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. 1.23 QUANTITY GUARANTY: No guaranty or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting Contract or Award. These quantities are for Bid 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. 1.24 GOVERNMENTAL RESTRICTIONS ON MATERIALS: City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  10     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 Bidders 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. 1.25 SAFETY STANDARDS: The Bidders 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. 1.26 WARRANTIES: Successful Bidders shall act as agent for the City in the follow-up and compliance of all items under Warranty/Guaranty and complete all forms for Warranty/Guarantee coverage under this Contract. 1.27 COPYRIGHTS/PATENT RIGHTS: Bidders 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. 1.28 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 Bidder submitting a Bid on this Invitation to Bid shall include a copy of the company’s local business tax/occupational license(s) with the Bid response. For information specific to City of Sunny Isles Beach local business tax/occupational licenses, please call Code Enforcement & Licensing at (305) 792-1705. If the contractor is operating under a fictitious name as defined in Section 865.059, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted with the Bid. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulations or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and/or proof of current active status with the Division of Corporations of the State of Florida. 1.29 LIABILITY, INSURANCE, PERMITS AND LICENSES: Bidders shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Bidders shall be liable for any damages or loss to the City occasioned by negligence of the Bidders (or their agent) or any person the Bidders 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, 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. 1.30 CERTIFICATE(S) OF INSURANCE: Bidders 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 Bidders 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 Bidders 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 Bidders, which relate to the activities of such Bidder 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 Bidders hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. 1.31 ASSIGNMENT: The Contractor shall not transfer or assign the performance required by this Bid without prior written consent of the City Manager. Any award issued pursuant to the Invitation to Bid and monies which may be due hereunder are not assignable except with prior written approval of the City Manager. Further, in the event that the majority ownership or control of the Contractor changes hands subsequent to the award of this contract, Contractor shall promptly notify City in writing (via United States Postal Service – Certified Mail, Return Receipt Requested) of such change in ownership or control at least thirty (30) days prior to such change and City shall have the right to terminate the City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  11     contract upon sixty (60) days written notice, at City’s sole discretion. 1.32 HOLD HARMLESS/INDEMNIFICATION: The Contractor shall indemnify, hold 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. 1.33 GRATUITIES: Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 1.34 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 Bidder 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. 1.35 DEFAULT PROVISION: In case of default by the Bidders, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Bidders responsible for any excess costs occasioned or incurred thereby. 1.36 SECONDARY/OTHER BIDDERS: The City reserves the right in the event the primary Bidder 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. 1.37 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. Basic Services: The offer of the Bidders submitted on the prescribed form setting forth the prices for the Work to be performed on a recurring basis. Bid: The offer of the Bidders submitted on the prescribed form setting forth the prices for the Work to be performed. Bid Form: The form that contains the goods or services to be purchased and that must be completed and submitted with the bid. Bidder: Any person, firm or corporation or its duly authorized representative tendering a Submittal in response to this solicitation. 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. Consultant: A firm that has entered into a separate agreement with the City for the provision of professional services. 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 City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  12     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. Designee: A person(s) selected by the City Manager to carry out a duty or role. 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 any one 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. Non-Compliant Work: Work performed by the Contractor that has been determined through City inspection to not meet the Performance Standards. Notice of Award: The written notice by City to the apparent successful Bidders 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: The written letter or directive issued by the City Manager or designee acknowledging that all conditions precedent to award have been met and directing that the Contractor may begin Work. Performance Standards: The desired results established for each type of Work described in the ITB, necessary to be deemed Satisfactory. Project: A task or series of tasks that the Contractor must complete in accordance with the Contract Documents. Project Manager: The individual(s) assigned by the City Manager or designee to manage the project. Quality Assurance: Those actions taken by the City to assure Services meet the Satisfactory Performance Standards established by the Contract Documents. Quality Control: Those actions taken by the Contractor to ensure the Contractor’s performance meets the Performance Standards. Re-Work: Corrective Work performed by the Contractor, at no cost to the City, to meet the Performance Standards. Responsive Bidder: The Bidder whose Bid conforms in all material respects to the terms and conditions included in the ITB. Responsible Bidder: The Bidder who has the capability in all respects to perform in full the contract requirements, as stated in the ITB, and the integrity and reliability that will assure good faith performance. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Satisfactory: Work performed by the Contractor that has been determined through City inspection to meet the Performance Standards. Site(s): The location(s) where Work is to be performed under this Contract. Specifications: Those portions of the Contract Documents consisting of written City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  13     technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor: A person, firm, or corporation having a direct Contract with Contractor, including one who furnishes material, equipment or services necessary to perform the Work. Supplemental Services: Those services that are performed on a periodic basis (on demand) for which the Contractor receives compensation on the prescribed form setting forth the prices for the Work being performed. 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. Turf: Grass or other vegetation considered desirable for the particular park or right-of-way. Unbalanced Bid: Pricing that is not consistent with pricing in the industry or with market conditions and a comparison to the pricing submitted by other Bidders. Unsatisfactory Work: Work performed by the Contractor that has been determined through City inspection to not meet the Performance Standards. 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. Work Order: A document issued by the City awarding Additional Services to a Contractor. Written Notice: The term “Notice” as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the City under this Contract shall be delivered to the City. 1.38 BID AWARD: The City anticipates awarding one or more contracts to the lowest responsive and responsible Bidder(s) that is in the best interest of the City. The City reserves the right to reject any and all Bids, with or without cause, to waive technical errors and informalities, or to cancel or re-issue this solicitation at its sole discretion. The City also reserves the right to reject the Bid of any Bidder who has failed to previously perform under a contract, is in arrears to the City, is involved in an on-going bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding. The City reserves the right to reject any Bid where the line item pricing is determined to be unbalanced. Such determination will be made at the sole discretion of the City. An unbalanced Bid price, which will be determined at the sole discretion of the City, includes, but is not limited to, pricing that is not consistent with pricing in the industry or with market conditions and a comparison to the pricing submitted by other Bidders. An unbalanced Bid typically occurs where the prices for one or more line items are too low a price to cover the actual cost to perform the Work (including overhead and profit) or too high a price where excessive profit will occur. Bids shall be awarded by the City after the City performs all necessary searches, inquiries, exploration, and analysis of the Bids. The City may require demonstration of competency and, at its sole discretion, conduct site visit(s) and inspections of the Bidder’s place of business, require the Bidder to furnish documentation or require the Bidder to attend a meeting to determine the Bidder’s qualifications and ability to meet the terms and conditions of this Contract. 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 Services as described in this ITB, RFQ or ITQ, 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 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 Bidders 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. If the Contract is awarded, the City will issue the Notice of Award and give the successful Bidders a Contract for execution within ninety (90) days City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  14     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 bidders on the basis of the results of these queries and investigation(s). 1.39 EXECUTION OF AGREEMENT: At least four counterparts of the Agreement, 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. 1.40 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. Where portions of the Work traverse or cross federal, state, county or local highways, roads, streets, or waterways, and the agency in control of such property has established standard specifications, the most stringent specifications, rules and regulations will apply. 1.41 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 work order. Exemption certificates are available upon request. 1.42 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 hold 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 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 Sec. 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.S., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Contractor to defend at its own 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. 1.43 DECISIONS ON DISAGREEMENTS: The City will be the initial interpreter of the Performance Standards and Technical Specifications. 1.44 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 disregard 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 violate 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. City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  15     1.44.1 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. 1.44.2 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. 1.45 MISCELLANEOUS: Bidders acknowledge the following miscellaneous conditions: 1.45.1 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. 1.45.2 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. 1.45.3 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. 1.45.4 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. 1.46 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 there under. 1.47 GOVERNING LAW: The Contract shall be construed in accordance with and governed by the law of the State of Florida. 1.48 VENUE: Venue of any action to enforce the Contract Documents shall be in Miami-Dade County, Florida. 1.49 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. 1.50 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. 1.51 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. 1.52 SUBCONTRACTORS: No Subcontracting or use of a temporary labor force is permitted for this Contract. The City may permit subcontracting for specialized landscape maintenance services that are not within the basic scope of services for this Contract. In said special circumstances, the Contractor must obtain the prior written approval of the City before subcontracting any portion of specialized grounds maintenance work. City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  16     1.53 CONSULTANT SERVICES: The City, at its sole discretion may hire a Consultant who may serve the City’s representative for the Project. Where a Consultant has been identified, the Consultant and the Project Manager will both have authority to act on behalf of the City to the extent provided in the Contract Documents and as outlined in Article 1.54, Authority of the Project Manager, where such authority has been delegated in writing by City Manager. 1.54 AUTHORITY OF THE PROJECT MANAGER(S): The City Manager hereby authorizes the Project Manager(s) to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under the Contract Documents. The Project Manager may delegate some of the authority contained in the Article to the Consultant. The Contractor is bound by all determinations or orders of the Project Manager(s) and must promptly respond to requests of the Project Manager(s), including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager’s determination or requests. Where requests are made orally, the Project Manager(s) will follow up in writing, as soon thereafter is practicable. The Project Manager(s) and Consultant have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor will be issued through the City Manager or designee or the Project Manager. The Project Manager(s) will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. All interpretations and recommendations of the Project Manager(s) and Consultant will be consistent with the intent of the Contract Documents. Interpretation of the Contract terms and conditions will be issued by the City’s Procurement Manager. The Project Manager(s) and Consultant will have authority to reject Work that does not conform to the Contract Documents. Whenever, in their opinion, it is considered necessary or advisable to ensure the proper completion of Work the Project Manager or Consultant have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. The Project Manager’s authority to act under this paragraph, or any decision made in good faith either to exercise or not to exercise such authority, give rise to any duty or responsibility of the Project Manager to the Contractor, any subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. The Project Manager is not responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work. 1.55 HURRICANE PREPAREDNESS: During such time as are designated by the United States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch or warning, the Contractor, at no cost to the City, must take all precautions necessary to secure any Work in response to all threatened storm events, regardless of whether the Contractor has given notice of same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather event or alert precautions will not constitute additional work. In the event of a severe weather event, the City must be a priority client to the Contractor. At a minimum, Contractor must respond to the City’s request in accordance with its Emergency Response Plan under Article 2.34. 1.56 TIME FOR COMPLETION: Time is of the essence with regard to completion of the Work to be performed under the Contract. Contractor will promptly perform its duties under the Contract and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis. Delays and extensions of time may be allowed only in accordance with the provisions of the Contract. The time allowed for completion of the work will be stated in the Bid. End of Section   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  17      Section 2 Special Terms and Conditions 2.1 PURPOSE OF BID: The City of Sunny Isles Beach (the “City”) intends to secure the services of a qualified, experienced and licensed contractor(s) with a minimum of ten years experience to provide Landscape Maintenance Services, in accordance with the terms, conditions and specifications contained in this Invitation to Bid (ITB). It is the intent of this bid document that all work shall result in compliance with the contract documents and all regulatory requirements applicable to such service. 2.2 PRE-BID CONFERENCE A MANDATORY Pre-Bid Conference is scheduled for the time and location shown in the Notice to Bidder. It is mandatory that all Bidders attend the pre-bid conference. Failure to attend the mandatory pre-bid conference shall be cause for disqualification. No claim 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. Oral statements may not be relied upon and will not be binding or legally effective. As such an addendum will be issued if any alterations are made to the specifications contained herein. 2.3 TERM This contract will commence upon execution by both parties which shall be the effective date succeeding approval of the contract by the City Commission, or designee, unless otherwise stipulated in the Notice of Award letter; and contingent upon the completion and submittal of all required proposal documents. This contract shall remain in effect for one (1) year; provided that the services rendered by the Bidder during the contract period are satisfactory. 2.4 OPTIONS TO RENEW Prior to, or upon completion of that initial term, the City shall have the option at its sole discretion to renew this contract for an additional four (4) one (1) year renewal terms. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on changes in the following pricing index: Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W): Miami-Fort Lauderdale, FL. It is the Bidder’s responsibility to request any pricing adjustment under this provision, which shall not exceed 5%. For any adjustment to commence on the first day of any exercised option period, the Bidder’s request for adjustment shall be submitted no later than ninety (90) days prior to   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  18      expiration of the then current contract term. In no event will the price be increased or decreased by a percentage greater than the percentage change reflected in the C.P.I. as published by the U.S. Department of Labor. If no adjustment request is received from the Bidder, the City will assume that the Bidder has agreed the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. The City reserves the right to negotiate lower pricing for the additional term(s) based on market research information or other factors that influence price. The City reserves the right to apply any reduction in pricing for the additional term(s) based on the downward movement of the applicable index. The City reserves the right to reject any price adjustments submitted by the Bidder and/or to not exercise any otherwise available option period based on the proposed price adjustments. Any continuation of the contract beyond the initial period, and any option subsequently exercised shall be at the sole discretion of the City, and not a right of the Bidder. Renewals shall be exercised only when such continuation is clearly in the best interest of the City. Should the Bidder decline the City’s right to exercise the option period, the City may consider the Bidder in default, which may affect the Bidder’s eligibility for future contracts. NOTE: IF MULTIPLE BIDDERS ARE INVOLVED UNDER THE GIVEN CONTRACT, ANY OPTIONS TO RENEW WILL BE RESTRICTED TO THE SPECIFIC ITEMS OF WORK INITIALLY AWARDED TO ANY SPECIFIC BIDDER. 2.5 METHOD OF AWARD Following the review of proposals, the lowest responsible, responsive bidder(s) meeting all terms, conditions, and specifications of the ITB shall be recommended for award either by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City. The City Manager may also reject all proposals received. In determining the lowest responsible, responsive bidder, and in addition to price, section 62-8 of the City Code provides that the City may consider the following:  The ability, capacity and skill of the bidder to perform the Contract.  Whether the bidder can perform the Contract within the time specified, without delay or interference.  The character, integrity, reputation, judgment, experience and efficiency of the bidder.  The quality of performance of previous contracts.  The previous and existing compliance by the bidder with laws and ordinances relating to the Contract.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  19      No contract will be awarded to, any person who is in arrears to the City of Sunny Isles Beach, upon any debt or contract, or who has defaulted, as surety or otherwise, upon any obligation to any public agency, or who is deemed irresponsible or unreliable by the City Commission of the City of Sunny Isles Beach, in its sole discretion. 2.6 MULTIPLE AWARD The City may award multiple Bidders (primary, secondary and tertiary) as available, by line item, by group, or in its entirety. The City will endeavor to utilize Bidders in order of award. The lowest Bidder for each group shall be considered the primary awardee and should receive the largest volume of work, upon meeting the required qualifications and acceptance to the City’s terms. However, the City may utilize other Bidders in the event that: 1) a contract Bidder is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. In the event that one of the successful bidders (primary, secondary or tertiary) are deemed to be performing unsatisfactorily as determined by the City, the City may opt to award their designated bid group to the Bidder performing to City’s approval. 2.7 CONTRACTOR’S EMPLOYEES AND REQUIRED IDENTIFICATION Contractor is responsible for performing criminal background checks and employee verification on all individuals that will be assigned to this contract. Employees of the Contractor must be 18 years or older. Contractor’s employees shall be considered to be at all times the sole employees of the Contractor under the Contractor’s sole discretion and not an employee or agent of the City. The Contractor shall supply competent and physically capable employees, and the City may require the Contractor to immediately remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued employment is not in the best interest of the City. Prior to working in the City, all managers and employees of Contractor, any independent contractors, and any subcontractors shall be required to undergo background checks. A thorough State and national background check that identifies an individual’s entire criminal history shall be conducted in accordance with Section 435.03, Florida Statutes (level 1 screening) and all other applicable law. A background check shall be conducted on new employees prior to employment and on each employee at least once every three years. Prior to the beginning of the contract term and upon agreed renewals the contractor shall submit written certification to the City that Contractor has complied with the City’s requirement regarding background checks on all employees. The Contractor shall submit to the Project Manager within fourteen (14) days of the execution of the Contract a list of all personnel proposed to work under the Contract and who have passed the background check. The list shall be updated immediately when changes occur. The certifying document shall be signed by the authorized officer of the corporation. Failure to perform a state and national criminal background check in accordance with the rules above shall be cause for termination of the Agreement. The Successful Bidder(s) shall bear all cost associated with the criminal background check.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  20      2.8 PRICE Unit prices shall remain fixed and firm through the term of the contract. 2.9 PERFORMANCE AND PAYMENT BOND The City of Sunny Isles Beach shall require the successful Bidder to furnish a Performance and Payment Bond in the amount of 100% of the total Basic Services “recurring monthly” (The subtotal of lines 1-76 of the bid form) of the extended total, with the City of Sunny Isles Beach as the Obligee, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith within ten (10) calendar days after notification of the award by the City. The bonds shall be with a surety company authorized to do business in the State of Florida. The Bond(s) shall not contain a provision allowing the Surety(ies) to cancel the Bonds prior to the completion of the Contract, including any optional renewal periods. 2.10 BID BOND The City of Sunny Isles Beach shall require that every Bidder furnish a Bid Bond in the amount of 5% of the total Basic Services “recurring monthly” (The subtotal of lines 1-76 of the bid form) of the extended total. 2.11 INSURANCE Comprehensive General Liability with minimum limits of Five Million Dollars ($5,000,000.00) 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:  Premises and Operation  Workers Compensation (Statutory Limits)  Independent Contractors  Products and/or Completed Operations Hazard  Broad Form Property Damages  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. 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   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  21      Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include:  Owned Vehicles;  Hired and Non-Owned Vehicles;  Employers’ Non-Ownership. Before starting the Work, the Bidder 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 manager or his designee by certified mail. The City shall be named as an additional insured on the above-referenced policies. The Bidder agrees that if any part of the Work under the Contract is sublet, they will require the Sub-Bidder(s) to carry insurance as required, and that they will require the Sub- Bidder(s) to furnish to them insurance certificates same as to those required by the City in this section. 2.11.1 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. 2.11.2 NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. THE CITY OF SUNNY ISLES BEACH MUST BE SHOWN AS AN ADDITIONAL INSURED WITH RESPECT TO THIS COVERAGE. 2.12 MONTHLY INVOICING Cut-off date is the end of the last business day of the month. Bidder shall submit by the 10th day of the following month Bidder's completed Invoice. Should the 10th fall on a weekend or holiday, Contractor shall submit his application on the next workday. Bidder is advised that processing of invoices must follow this schedule, as the City has funding requirements and other payment obligations which may prevent payment of late Invoice for that month’s billing cycle. A late Invoice with a recommendation for payment will be paid in the next month’s billing cycle.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  22      2.13 FEDERAL, LOCAL AND STATE REGULATIONS Bidder shall submit a copy of the following licenses and keep them current throughout the term of the Contract: Certified Pest Control Operator in Lawn and Ornamentals licensed by the State of Florida, ISA certified Arborist, Miami-Dade County Irrigation License, Dade County Occupational License; and current Local Business Tax Receipt. 2.14 PERSONNEL REQUIREMENTS/QUALIFICATIONS The Contractor will provide staff that is able to perform work at the highest standards of horticultural excellence. Key staff shall have current knowledge of best management practices regarding safety, plant health, pruning, Integrated Pest Management, pesticide application, hazardous material spill response, and irrigation maintenance. The City reserves the right to demand the replacement of Contractor’s staff who do not meet the City’s standards for safety, professionalism, or horticultural knowledge. The Contractor must manage the total Work effort associated with the Services required to assure fully adequate and timely completion of these Services in accordance with the Performance Standards and Technical Specifications. Such management includes, but is not limited to, planning, report preparation, establishing and maintaining records, and quality control. The Contractor must provide staff with the necessary management expertise to assure the performance of the required Work; and, trained and experienced field and office personnel who meet established standards to effectively perform the Services required and who exhibit capability to perform with minimum supervision. It is the City’s preference that turnover be kept to a minimum with personnel to ensure a continuity of operations through the Contract term. 2.14.1 PROGRAM MANAGER The Program Manager shall be responsible for the City of Sunny Isles Beach and must be a senior level management employee and have full authority on a day-to-day basis to act on behalf of the Contractor on all matters pertaining to the performance of the Work under this Contract. The Program Manager shall have 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 materials, equipment, labor, chemicals or otherwise as directed by the City. This person shall be available to attend all meetings with the City within twenty-four (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 twenty-four (24) hour notice. Special events are typically held on weekends and evenings, and Contractor shall receive schedule of events. There are typically twenty (20) or more major events per year. This person 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 Project Manager(s) and Consultant as   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  23      directed by the City for inspections, reviews, and consultation via telephone or other approved wireless communications on a 24/7/365 basis. When this person is out of town, an alternate contact shall be provided, and shall be approved at the City’s sole discretion. The Program Manager must be available to discuss Contract matters and performance issues with the Project Manager(s) or Consultant during regular City business hours and within one (1) hour during other times. This can be accomplished in person, or by telephone, as appropriate depending on the circumstances. The duties will be performed at no additional labor or travel charges. The Contractor must provide to the Project Manager(s) the contact information (i.e. phone, email address, cell phone, etc.) for the Program Manager and an alternate individual, within five (5) days of execution of the Contract. A resume of the Program Manager must be submitted with the Contractor’s Qualifications as specified in Section 7, which must include all contact information (i.e. telephone, email address, cell phone, etc.). The Contractor must provide an updated list no less than five (5) days of any changes of the Program Manager or contact information provided. Foreman, Field Supervisors, Account Managers, etc. are not acceptable. 2.14.2 FIELD SUPERVISOR The Contractor must provide two (2) qualified on-site full-time working Field Supervisors to manage Contractor’s personnel at the Work sites. One (1) Field Supervisor shall be assigned to the Cultural & Community Services Department and one shall be assigned to the Public Works Department. These people (and their substitutes) must have full authority to act for the Contractor on all matters relating to the daily performance of the Work at the Work site(s). The Field Supervisors must be the central point of contact in the field for the City; and, must effectively communicate in English. The Field Supervisors must understand and be able to fulfill, completely and clearly, the Performance Standards and Technical Specifications and reporting requirements of the Contract. A resume of the Field Supervisors must be submitted with the Contractor’s Qualifications as specified in Section 7, which must include all contact information (i.e. telephone, email address, cell phone, etc.). The field supervisors must have a minimum of ten (10) years combined horticultural education and experience as a landscape field maintenance supervisor on contracts of similar size, scope, and complexity, and must remain on-site at all times while Work is being performed under the Contract. When the on-site working Field Supervisor is absent for the day or for an extended period (more than 4 hours), the Project Manager(s) must be notified and the Contractor must appoint a qualified substitute. Within five (5) days of execution of the Contract, the Contractor must provide the Project Manager(s) with a cellular phone number for the Field Supervisor where he/she can be reached at all times. 2.14.3 The Contractor must provide a minimum of twelve (12) full time staff in addition to the two (2) on-site Field Supervisors stationed in the City during weekdays. During weekends, the Contractor must provide a minimum of one (1) on-site Field Supervisor and six (6) full time staff. All Work shall be accomplished between the hours of 7:00 A.M. to 5:00 P.M. Monday through Friday. The minimum required staff is for routine landscape maintenance services only and does not include services such as annual flower change-outs, shrub replacement, special projects, irrigation repair, tree and palm pruning. The Contractor is   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  24      responsible to provide additional staff as needed to perform this work and all other work contained in this ITB. The City shall not be liable for any overtime costs for any staff working in excess of eight (8) hours per day or (40) hours per week in order to accomplish the Work in accordance with the Performance Standards. 2.14.4 PERSONNEL QUALIFICATIONS The Contractor must furnish sufficient competent and qualified personnel to perform all Work specified in the Contract. The Contractor must submit within fourteen (14) days of execution of the Contract, a list of all personnel proposed to work under the Contract. The list must be updated immediately when changes occur. 2.14.5 All irrigation maintenance and repairs shall be performed by, or under the direct supervision of a Certified Irrigation Technician. 2.14.6 All pesticide applications shall be performed by a Contractor licensed and insured as a State of Florida Licensed Commercial Applicator. In addition, the staff performing the pesticide application shall be licensed as Commercial Operators per Florida Statute Chapter 482 and Rule 5E-14. 2.14.7 All pruning will be performed by, or under the direct on-site supervision of, staff with proper documented education and training in proper pruning techniques. Pruning shall be performed under the supervision of an ISA certified Arborist with a minimum five (5) years experience with South Florida trees. The certified arborist shall be on site at all times when pruning occurs. 2.14.8 All Maintenance of Traffic personnel shall be trained and certified in accordance with FDOT Temporary Traffic Control (TTC) standard specifications. 2.14.9 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. 2.15 PROFESSIONAL ORGANIZATIONS/CERTIFICATIONS The Contractor, as a minimum, must be a member, in good standing, of the following organizations:  Florida Nursery, Growers and Landscape Association (FNGLA) membership  Florida Certified Landscape Contractor (FCLC) certification  Tree Care Industry Association (TCIA) and/or International Society of Arboriculture (ISA) membership  ISA certified Arborist  FDOT certified Worksite Traffic Supervisor for Temporary Traffic Control (TTC)   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  25      The Contractor shall submit proof of membership along with required certificates with the Bid submittal, and provide concurrent proof of membership and certifications annually throughout the duration of the contract, including renewals, if any. Failure to submit the certificates and proof of memberships may result in rejection of the Bid, due to unresponsiveness. 2.16 UNIFORM/APPEARANCE Contractor personnel located at Work sites must present a neat appearance, and must wear distinct clothing bearing the Contractor’s name for easy identification. All Contractor employees, including the Field Supervisor, must wear a distinctive and neat uniform, which the Contractor must supply at no cost to the employee. Any color or color combination may be used for the uniforms. The following clothing types are not to be worn: tube tops, tank tops, shorts, leotards, sandals, cutoffs, multicolored pants/shorts, items in disrepair, or any other inappropriate or offensive clothing as determined by the Project Manager(s) to be unacceptable for representing the City. The Project Manager(s) may request the removal of any employee not properly uniformed. 2.17 STANDARDS OF CONDUCT The Contractor must maintain satisfactory standards of employee competency, conduct, appearance, and integrity, and must take such disciplinary action against his/her employees, as necessary. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, the community, and the City. Being that the Contractor will be visible at all times to the public during the performance of its duties under the Contract, the Contractor should ensure its employees continue to adhere to standards of conduct while on breaks. Contractor’s employees must not sleep or lay down in public view at any time during the Work. If any of Contractor’s employees are found sleeping or laying down in public view by City staff, or if such activity is reported by the public and verified by the City, the City may impose a performance penalty of $250 per occurrence assessed to the Contractor. 2.18 ALCOHOL AND CONTROLLED SUBSTANCES The Contractor’s employees must not possess, distribute, consume, use or cause to be used, any controlled substance or alcohol on the Work sites. Any Contractor employee under the influence of alcohol or a controlled substance must not be permitted to perform any Work under the Contract. Any Contractor or Contractor employee found to be in violation of this requirement will be permanently prohibited from performing any Work under this Contract. Actions taken under this Article must not relieve the Contractor of the obligation to provide sufficient personnel to perform adequate and timely Service as required in this Contract. 2.19 EMPLOYEE SAFETY REQUIREMENTS The Contractor must require their employees to comply with the instructions pertaining to conduct, safety and health regulations forming a part of this Contract. All equipment operators must wear   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  26      safety protection equipment required or recommended by the equipment manufacturer and OSHA; and, all power operating equipment, truck, hand, mechanical or vehicular tools, etc. must be operated within the safety parameters defined by OSHA. Equipment must be carefully maintained and operated with proper safety guards and devices installed and fully operational and with discretion when near pedestrians or vehicles. All employees must wear a safety vest when working by roads and in areas with vehicular traffic. 2.20 EMPLOYEE TRAINING/OPERATING OF EQUIPMENT The Contractor must ensure that all employees have been properly trained, certified, and/or licensed to operate power equipment, power and mechanical tools, mowers, trucks, and etc., and must maintain records of all training, qualifications and certifications to be made available for the City’s review upon request. The Contractor must provide training to all employees, at Contractor’s expense, to ensure the competencies in performing tasks are met to prevent the endangerment of personnel or the public. At no time must the safeguards on lawn mower, edger, weed eater or any other power equipment with factory installed safety measures be altered, turned off or used improperly. All safeguards must be in place and operational at all times. Employees must not be permitted to use radios, cell phones, texting devices, mp3 players, or other media devices, while operating equipment and may be subject to removal from the Work site for repeated violations. Employees are prohibited from smoking during performance of the Work under this Contract. 2.21 SAFETY PRECAUTIONS Contractor is solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor must take all necessary precautions for the safety of, and must provide the necessary protection to prevent damage, injury or loss to:  All employees on the Project site(s) and other persons who may be affected thereby;  All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site(s).  Other Property at the Project site(s) or adjacent thereto, including trees, shrubs, lawn, walks, pavements, roadways, structures and utilities. The Contractor must take all necessary precautions for the safety of employees in the performance of the Work on, about or adjacent to the premises, and must comply with all applicable provisions of Federal, State, and local laws, including, but not limited to the requirements of the Occupational Safety and Health Act of 1970 (OSHA), and amendments thereto, to prevent accidents or injury to persons on, about or adjacent to the premises where the Work is being performed. Contractor must notify owners of adjacent property and utilities when execution of the Work may affect them. The Contractor must comply with the OSHA “Federal Right to Know” Regulation, 29 CFR 1910, 1915, 1917, 1918, and 1926, regarding informing employees of toxic substances in the workplace, providing training, and emergency procedures.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  27      Contractor must adhere to applicable environmental protection guidelines for the duration of the Work. The Contractor must comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami-Dade County, State of Florida), which bear on the performance of the Work. The Contractor must provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to person who may be injured during the Project(s) duration. Barricades shall be provided by the bidder when work is performed in areas traversed by persons, or when deemed necessary by the City Project Manager(s). Contractor’s duties and responsibilities for the safety and protection of the Work must continue until such time as all the completion of the Contract. 2.22 MATERIAL SAFETY DATA SHEETS In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a part of the Project must be accompanied by a Material Safety Data Sheet (MSDS) which must be obtained from the manufacturer. The MSDS must include the following information:  The chemical and the common name of the substance.  The hazards or other risks in the use of the substance, including: o The potential for fire, explosion, corrosion, and reaction; o The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the substance; and o The primary routes of entry and symptoms of overexposure.  The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the substances, including appropriate emergency treatment in the case of overexposure.  The emergency procedures for spills, fire, disposal, and first aid.  A description in lay terms of the known specific potential health risks posed by the substance intended to alert any person reading information. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 2.23 PROTECTION OF PROPERTY, UTILITIES, AND THE PUBLIC The Contractor must continuously maintain adequate protection of all its Work from all losses or damage and must protect public and private property, and utilities from injury or loss arising in connection with the Work, and take all necessary precautions to prevent accidents, injuries, or damage to persons or property on or near the Work.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  28      The Contractor is solely responsible for, and must replace and make good all loss, injury, or damage to any property including, but not limited to, landscaping, irrigation, walks, drives, structures, or utilities resulting from performance of the Work. 2.24 CONTRACTOR’S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE Where the Contractor’s operations could cause damage or inconvenience to telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor must make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least forty-eight (48) hours in advance. Under no circumstance expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and its Subcontractors will be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under the Contract Documents. Neither the City nor its officers or agents will be responsible to the Contractor for damages as a result of the Contractor’s failure to protect property encountered in the Work. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, Contractor must promptly notify the owner, any required regulatory authority, and the Project Manager(s). Contractor shall also cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair and any required interim measures to ensure safety. In no event will interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor’s expense and as approved by the Project Manager(s). The Contractor shall replace with material approved by the Project Manager(s) or Consultant, at Contractor’s expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the Project Manager(s) or Consultant. The Contractor shall replace with material approved by the Project Manager or Consultant, at Contractor’s expense, any existing utilities damaged during the Work.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  29      2.25 ACCESS TO WATER AND UTILITIES The Contractor is responsible for providing all water and power required for the performance of the Work, including the use of a generators, fuel, etc. The use of a generator may be subject to the prior approval of the Project Manager(s) and may be withheld when the Work is in a primarily residential neighborhood. Electrical power required during construction must be installed by a qualified electrical contractor approved by the Project Manager(s). Contractor will be responsible to provide all of its employee’s sufficient access to drinking water at the Site(s). The City may at its sole discretion provide access to City utilities or water should such be available at the Work site. However, the Contractor is responsible to ascertain the location and accessibility of any utilities and potable water sources necessary to perform the Work. The ability of the City to make utilities available to the Contractor must not form any basis for a change order or claim by the Contractor. 2.26 COORDINATION OF THE WORK Prior to the commencement of the Work under the Contract, the Project Manager(s) will make every effort, based on available information, to notify the Contractor of any ongoing or scheduled project(s) that will be ongoing or commence during the Work on a Project that may require coordination. The Contractor will be solely responsible for coordinating the Work with any other project(s) to minimize any potential adverse impact. Contractor will not be entitled to any days of delay for failure to properly coordinate the Work. The Project Manager(s) may assist the Contractor in coordinating the Work. However, any such assistance, or lack thereof will not form the basis for any claim for delay or increased cost. If any part of Contractor’s Work depends upon proper execution or results from the work of any other persons, Contractor must inspect and promptly report to Project Manager(s) any defects in such work that render it unsuitable for such execution and results. Contractor’s failure to so inspect and report will constitute an acceptance of the other person’s work as fit and proper for the reception of Contractor’s Work, except as to defects which may develop in other contractor’s work after the execution of contractor’s Work. Contractor must conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor will be liable to the affected contractor for the cost of such interference or impact. 2.27 ACCESS TO THE PROJECT SITE(S) City will provide the lands upon which the Work is the be performed, rights-of-way and easements for access thereto and such other lands as are designated by City for use of Contractor.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  30      2.28 CLEAN-UP Contractor must, at all times, keep the work site(s) free from accumulation of excess materials, waste materials or rubbish caused by its operations. At the completion of Work at a work site(s), Contractor must remove all tree and landscape cuttings, excess leaves, waste materials and rubbish from the site(s) as well as any tools, equipment, machinery and surplus materials or supplies. If Contractor fails to clean up during the performance of the Work or at the completion of the Work, the City may do so and the cost incurred will be charged to the Contractor. Any combustible waste materials must be removed from the work site(s) at the end of each day. Any paved areas including curbs and sidewalks which have been strewn with soil, sod waste, fertilizer or other waste must be thoroughly swept. The City is not required to supply areas or facilities for storage or removal of waste on-site. 2.29 MAINTENANCE & SERVICE PLAN The Contractor must prepare a Maintenance and Service Plan (“M&S”) establishing a program of inspections and maintenance for meeting the Performance Standards and Technical Specifications of the Contract Documents. The Contractor must submit the M&S for the first twelve (12) months of the Contract term to the Project Manager(s) within fourteen (14) days of the execution of the Contract, for review and acceptance. Should the Project Manager(s) recommend or require revisions, the Contractor must make the necessary revisions, and re-submit a revised M&S to the Project Manager(s) within seven (7) days. Thereafter, the Contractor must submit another M&S to the Project Manager(s) sixty (60) days prior to the start of each twelve (12) month period. The M&S must:  Outline the Contractor’s overall strategy for providing the Landscape Maintenance Services contained in the Contract Documents;  Establish the Contractor’s program of inspections and maintenance for each Contract year, to include a month to month breakdown by task;  Project a level of unscheduled work (including re-work);  Document basis for the Contractor’s Annual Execution Plan – i.e, the Contractor’s schedule of activities and resources (labor and material) to accomplish the Contractor’s program;  Provide the Contractor’s standard operation procedures, emergency operating procedures, safety plan, and contingency plans, when applicable;  Identify any Project site(s) considered to need re-sodding or re-planting to be brought to the Performance Standards and the associated cost for completing the Work; Once accepted, the Contractor’s M&S Plan will provide the baseline for tracking the Work and expenditures against the Contract and for evaluating performance in accordance with the Contract Documents.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  31      2.30 ANNUAL EXECUTION PLAN The Annual Execution Plan (“AEP”) must include a breakdown of the Work to be performed on a monthly basis by Task and Site, and must also include a breakdown of the labor force and equipment to be used on a monthly basis. The Contractor must reflect in the AEP when the annual planting change-outs, pruning, mowing, fertilization, mulching, tree and palm maintenance, irrigation maintenance, etc. will occur. The AEP must also reflect a budget estimate for each month. The initial AEP must be submittal within fourteen (14) days of execution of the Contract. Each subsequent AEP must be submitted one month prior to the start of the new Contract year. Any revisions to the AEP must be subject to the prior written acceptance of the Project Manager. 2.31 QUALITY CONTROL PLAN Within fourteen (14) days of the execution of the Contract, the Contractor must submit a Quality Control Plan (“QCP”) to the Project Manager(s) for review and acceptance. The rationale underpinning the QCP is that the Contractor is responsible for Quality Control. All methods, procedures, and forms must support this rationale. The QCP must clearly identify how the Contractor will monitor its own Work to ensure that the Work is performed and meets the Performance Standards established in the Contract. The QCP must provide for the inspection and assessment of the quality and progress of the Work at each Site where Work is being performed. The QCP must be designed to keep the Contractor’s management and the City informed of all issues affecting quality, to include timely and effective corrective action for all deficiencies. These inspections must be in addition to the requirement for daily supervision. The QCP records must, in part, consist of checklists of inspections and must indicate the nature, frequency and number of observations made, number and type of deficiencies found, and the nature of corrective action taken as appropriate. At a minimum the QCP must address the following:  An inspection system that is tailored to the different Tasks and Sites covered under the Performance Standards and Technical Specifications;  A system for identifying and correcting deficiencies in the quality of the Work before the level of performance becomes unacceptable and/or the Project Manager(s) or Consultant independently identify the deficiencies;  A system to ensure that the Contractor’s employees are notified of deficiencies, that the noted deficiencies are corrected (if possible), and that the employees are counseled/retrained as necessary to ensure that deficiencies do not recur;  A system that provides the Project Manager(s) access to all Contractor documentation, reports, and files (to include any forms on which quality control inspections are documented) with respect to Contractor quality control inspections and any corrective action taken;  If the Contractor has a corporate/home office, how it will provide Contract support, services, and controls; and   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  32       The identity of all personnel who will be performing quality control inspections by name and title, and verification that the person who actually performed the Work must not perform quality control inspections. Where the QCP is returned by the Project Manager for revisions or corrections, the Contractor must resubmit the QCP within seven (7) days of receipt from the Project Manager(s), with requested revisions or corrections. The Contractor must not implement any changes to its approved QCP prior to review and acceptance by the Project Manager(s). The Contractor must perform quality control inspections by qualified personnel (i.e. personnel knowledgeable of all technical aspects of the Work, which would allow identification/discovery of improperly performed services, and provide documentation of the inspection results to the Project Manager(s) on a monthly basis). The documentation must be signed and dated by the inspector at the time the inspection is completed. All completed inspection reports must be submitted to the Project Manager(s). 2.32 WEEKLY WORK PLAN Concurrent with the submission of the Annual Execution Plan (AEP), the Contractor must submit a work plan for the initial two weeks of Work. Subsequently, the Contractor must provide a Work Plan every Thursday to the Project Manager(s), which will reflect the Work to be performed during the next week, broken down by Site(s) and Task, and day(s) of the week the Work will be performed. 2.33 MONTHLY REPORT The Contractor must furnish a monthly report (“Report”) to the Project Manager no later than the fifteenth (15th) of each month that must consist of five (5) parts, broken down as follows: Part 1: Prior month’s Basic Services activities accomplished, identified by park, right-of-way, beach, beach access path, bus shelter or government facility and must include the date(s) the Work was performed. Part 2: Prior month’s Supplemental Services activities accomplished, identified by park, right-of- way, beach access path, bus shelter, parking lot, or government facility, the date(s) the Work was performed and the cost(s) associated with the Work. Part 3: Prior month’s Re-Work activities accomplished, identified by park, right-of-way, beach access path, bus shelter, parking lot, or government facility, the date(s) the Work was performed. Part 4: Prior month’s Additional Services activities accomplished, identified by park, right-of-way, beach access path, bus shelter, parking lot, or government facility, the date(s) the Work was performed.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  33      Part 5: Prior month’s inspections conducted under the QCP. This Part of the Report must include the following: a. Dates of inspections b. Name and signature of inspector c. Location of the inspection d. Work inspected e. Locations found to be non-compliant i. Deficiencies found per location ii. Actions taken to correct deficiencies iii. Actions taken to mitigate future occurrences of the deficiencies Contractor must provide Project Manager(s) with a hard copy and/or electronic copies of all forms and documents prepared as part of the Quality Control Plan monitoring. 2.34 EMERGENCY RESPONSE PLAN The Contractor must prepare and furnish to the Project Manager(s) for review and acceptance an Emergency Response Plan (“ERP”) within thirty (30) days after execution of the Contract. The ERP must outline the Contractor’s response procedures in the event of an emergency, damage, or adverse weather conditions including hurricanes, rain, high winds, or flooding. The ERP must address the Contractor’s coordination procedures with the City. The ERP must include a provision for cooperating with the City to furnish Contractor’s forces to supplement the City’s staff in hurricane preparedness, evacuation plans, and hurricane disaster response of the disaster event within the project limits. In the event that services or equipment will be deemed as Supplemental Services and paid for in accordance with Section 7 of the Contract. 2.35 PRIORITY 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, an Emergency Response Plan specifically relating to manpower, equipment and scheduling in accordance with Article 2.34. 2.36 UNSATISFACTORY WORK TO BE CORRECTED BY THE CONTRACTOR The Contractor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any Unsatisfactory Work that fails to conform to the contract documents regardless of project completion status. If Unsatisfactory Work is identified, through planned, random or   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  34      unannounced inspections, or any other circumstance which the City becomes aware of non- Compliant Work, the Contractor will be notified in writing within two (2) business days. All cor- rections shall be made within two (2) business days after such rejected defects, deficiencies, and/or Non-Compliant Work are verbally reported to the Contractor by the City's Project Manager(s), who may confirm all such verbal reports in writing. The Contractor shall bear all costs of correcting such rejected work. If the Contractor fails to correct the work within the period specified, the City may, at its discretion, notify the Contractor, in writing, that the Contractor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the City within one (1) business day of receipt of the notice. If the Contractor fails to correct the work within the period specified in the notice, the City may place the Bidder in default. In addition to random or unannounced inspections, the City will conduct planned inspections, one for parks and facilities and one for rights-of-way each month, which will be conducted prior to the Contractor submitting its monthly invoice. The City may provide the Contractor an opportunity to correct any Non-Compliant Work or the City will withhold payment or assess a payment reduction for the Unsatisfactory Work. When either planned or unplanned inspection efforts identify Non-Compliant Work or Unsatisfactory Work, the Contractor will be notified per the procedure set forth above and the City will conduct a subsequent inspection to ensure compliance. The City will incur additional administrative expenses for the additional time required to re-inspect Contractor Work. The City will assess a payment reduction of $250.00 for parks and facilities re-inspection and $250.00 for rights-of-way re- inspection to cover the administrative expenses associated with each re-inspection effort; such reduction will be in addition to other payment reductions that may apply per the Contract. 2.37 TERMINATION FOR CONVENIENCE This agreement may be terminated by the City without cause upon ten (10) day written notice to the Contractor. In the event of such a termination without cause, the Contractor shall be compensated for all services performed to the City’s satisfaction and prior to the effective date of termination. 2.38 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE BIDDER Unless otherwise provided in Section 3 entitled "Performance Standards and Technical Specifications", of this solicitation the Bidder shall furnish all labor, material, equipment and supplies necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade customarily used for the purpose. All power operating equipment, trucks, lawn mowers, tractors, etc., and all hand or vehicular tools must be operated within the safety parameter as defined by the manufacturer and OSHA; and, must be carefully maintained and operated with proper safety guards and devices and with discretion when near the public and vehicular traffic. All material, workmanship, and equipment shall be subject to the inspection and approval of the Project   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  35      Manager(s). 2.39 LICENSES, PERMITS AND FEES The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and or fines imposed on the City or the Bidder for failure to obtain required licenses, permits or fines shall be borne by the Bidder. 2.40 LIMITED CONTRACT EXTENSION TO MAINTAIN SERVICE LEVELS It is hereby agreed and understood that this contract may be extended for an additional thirty (30) day transitional period after the stated expiration date of the contract including any contract extensions exercised under the initially established option period terms of the contract. During this transitional period the Bidder agrees to continue the same or a reduced level (if such reduction is mutually agreed to and appropriately documented) of service to the City at the same prices while the new contract, also in force, is being mobilized. If the Bidder is supplying equipment in conjunction with this contract, the Bidder agrees to retain the equipment at the designated City premise for an additional thirty (30) calendar days after the current expiration of the Contract, at which time the equipment shall be removed from the premises. 2.41 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Bidder hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the Bidder in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the Bidder are found to be defective or do not conform to specifications: (1) the materials may be returned to the Bidder at the Bidder’s expense and the contract cancelled or (2) the City may require the Bidder to replace the materials at the Bidder’s expense. 2.42 ADDITIONAL SERVICES NOT LISTED WITHIN THIS SOLICITATION BASED ON PRICE QUOTES: While the City has listed all major items within this solicitation which are utilized by City in conjunction with their operations, the City may request the Bidder to perform Additional Services for which prices are not established in the Contract. Under these circumstances, the City Project Manager(s) will contact the primary Bidder to obtain a price quote for the similar items. If there are multiple Bidders on the contract, the City representative may also obtain price quotes from these Bidders. The City reserves the right to award these similar items to the primary contract Bidder, another contract Bidder based on the lowest price quoted, or to acquire the items through a separate solicitation. The Contractor shall be required to submit a written estimate on each specialty project under this contract before a Work Order for that specific project is issued.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  36      The price quote must reflect the regular hourly wages for each classification represented in this contract, and the percentage discounts or mark-ups for materials and equipment that were quoted by the Bidder on its initial offer or the most current contract pricing. The price quote shall be itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum estimates shall not be accepted. The City reserves the right to award the project based on the lowest written price quote, or to reject all quotes when such action is determined to be in the best interests of the City, and obtain the required services from another source of supply. The actual charge to the City from an awarded Bidder for a specific project shall not exceed the Bidder’s initial price quote without the expressed prior approval from an authorized agent of the City. 2.43 DELETION OF SERVICES This contract includes all types of services that the City MAY elect the Bidder to provide. As such, it is hereby agreed and understood that the City may delete service or reduce quantity of items and/or frequency of service during the contract period with seven (7) calendar days notice to the Bidder. It shall also be understood that the cost of any services that are not provided by the contractor are not subject to the unit prices outlined in Section 6 of the ITB response. The City will only pay for services that have been requested and at the adjusted final price as outlined in Section 6 of this ITB response. In the event that a site not listed herein is added to the Contract, the Bidder shall invoice the same amount as prices quoted herein for similar service(s). END OF SECTION   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  37      SECTION 3 Performance Standards & Technical Specifications   3.1 SCOPE OF SERVICES The City of Sunny Isles Beach (the “City”) intends to secure the services of a qualified landscape contractor for Landscape Maintenance Services to be rendered throughout the City. It is the intent of this bid document that all work shall result in compliance with the Performance Standards and Technical Specifications and all regulatory requirements applicable to such project. The Contractor shall provide all labor, materials, equipment, tools, qualified and certified supervision, and other items and services both necessary and incidental to ensure that the Landscape Maintenance Services are performed in a manner that will maintain a healthy landscape and present a neat, clean, and professional appearance of all parks, rights-of-way, beach access areas, bus shelter locations, parking lots and government facilities. The Work shall include, but not be limited to, weeding, mowing, turf maintenance, edging, pruning, hedge trimming, raking, sweeping, blowing and vacuuming sidewalks, herbicide applications including preventive and corrective applications, fertilization and pest management services using Integrated Pest Management principles, irrigation system maintenance, monitoring and repair, maintaining and replacing, if necessary, any plants lost due to negligence of the Contractor, seasonal color replacement, removing graffiti on a daily basis, daily removal of all litter including dead animals, shopping cart removal and litter pick up seven days per week, or as defined by the City. The Contractor shall adhere to the City Noise Ordinance. The intent of the following descriptions in this ITB is to convey the requirement that the various areas listed in this ITB shall be maintained to a superior level such that they are viewed by the public as the best maintained and most beautiful in all of southern Florida. It is this standard that will be required of the Bidders. If the Contractor intends to use sub-contractors to perform any work on this contract, these contractors are subject to approval by the City, at its sole discretion. 3.2 LOCATIONS OF WORK Accompanying these specifications is an area service map attached hereto as Exhibits A through D defining areas to be serviced and maintained. By submitting a Bid, the Bidder certifies that he/she is familiar with the sites, service areas, the proposed scope of work, performance standards and technical specifications, prior to submitting a Bid. The City reserves the right to remove or include specific locations on a temporary or permanent basis, as deemed appropriate.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  38      3.3 SATELLITE STORAGE AND OPERATION SITE The Contractor must operate their own storage and operation site within a thirty (30) mile radius from the City of Sunny Isles Beach City Hall, 18070 Collins Avenue, Sunny Isles Beach, Florida, within sixty (60) days of award of Contract, as follows: The storage site must have a minimum of 3,000 square feet area, with a minimum of 1,200 square feet of fully enclosed, lockable, and secure materials storage area, and must be continually available to the Contractor and the City for storage use at no charge from the Contractor, (including delivery and pick up charges) 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. Limited space is available from the City of Sunny Isles Beach under the William Lehman Causeway that may be utilized for storage of equipment and materials specific to this contract. 3.4 EQUIPMENT 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. The Contractor shall be solely responsible and liable for injury to persons, and/or property damage caused by operation of the equipment. All equipment will be inspected and evaluated by the City, prior to award of this Bid. The following equipment shall be located at the satellite and operation site 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 3.4.1 Special equipment required (in addition to standard maintenance equipment). The City, at its sole discretion, may require that any of the special equipment be located in the satellite storage and operation site specified herein.  One 400 gallon portable water sprayer and one 3500 PSI pressure washer.  FDOT Compliant arrow board and 75 FDOT compliant traffic cones.  Three fertilizer spreaders.  One pull behind aerator  Portable Stump Grinder 6” below grade  Underground wiring location equipment  Two hydraulic bucket-trucks with a reach capacity of no less than 65 feet.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  39       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  Two portable gasoline generators (5000 W Minimum)  One 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 equipment at the time of bid submittal. The City may require proof of such ownership or lease agreement at its sole discretion. 3.4.2 EQUIPMENT SPECIAL CONDITIONS MOWERS 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. EDGER’S 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. VACUUMS In lieu of blowers, vacuums shall be used as part of this contract on streets and sidewalks so as not to blow debris on or near cars, adjacent properties, gutters, etc. 3.5 MAINTENANCE OF TRAFFIC This section is applicable to any task requested in this ITB that involves traffic of any kind. Any Work performed in the public right-of-way will require the prior approval of the appropriate public agencies. These public agencies include, but are not limited to, the City, Miami-Dade County Public   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  40      Works Department, and FDOT. The bidder shall include all appropriate traffic control devices that conform to an approved Maintenance of Traffic (MOT) plan. The cost of the MOT shall be taken into consideration and all traffic control costs shall be a part of the unit price bid and shall not be paid for separately. This shall apply throughout this entire ITB. 3.5.1 MOT OF RIGHT-OF-WAYS 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 proposal items that may include work on both FDOT and all City roadways. All traffic control costs shall be a part of the unit price bid and shall not be paid for separately. 3.5.2 The Contractor is responsible to have required FDOT certification for initiating, installing, and maintaining all temporary traffic control devices within FDOT rights-of-way in accordance with the latest FDOT standard specifications. 3.5.3 Due to construction projects within the City, FDOT may require that tree pruning be completed at night. The Contractor is responsible to perform the work in accordance with FDOT requirements at no additional cost to the City. 3.6 FORCE MAJEURE If weather or other acts of nature prevents the Contractor from conducting the requested services or maintenance on the day specified by the City or otherwise planned by the Contractor, the Contractor shall conduct the services or maintenance requested on the following day at no additional cost to the City (unless otherwise directed by the City). This shall apply throughout this entire ITB. 3.7 IRRIGATION SYSTEM MAINTENANCE The Contractor must be responsible for the complete management, operation and maintenance of all irrigation systems. Within thirty (30) days of Contract execution, the Contractor must complete an assessment to determine what repairs are required at each Project Site to bring each Irrigation System to full operations at no additional cost to the City. This assessment will provide a detailed breakdown by Project Site of the repair work required and cost of repair. Contractor will be responsible for each Irrigation system once it is fully operational. All improved and existing areas must receive sufficient amounts of water to flower beds, turf and landscaping, as necessary to present a uniform green color without browning or barren areas resulting from lack of water. Any dead or under -developing plants shall be immediately replaced by the Contractor at no cost to the City.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  41      The Contractor, at his/her expense, will be responsible for the proper maintenance, replacement, repair, or retro-fitting of all irrigation components. Contractor will be reimbursed for the purchase of materials only, at actual cost to the Contractor, without mark-up, to maintain the Irrigation System except where the repair or replacement results from damage caused by the Contractor. Any damages resulting from accidents, vandalism, or an Act of God are reimbursable to the Contractor on a materials basis only with proper documentation and approval by the City. Any necessary repairs, other than routine irrigation head replacement must be approved in writing by the City prior to start of work. Under no circumstances will the City reimburse Contractor for mark-up on material cost. All repairs to the system shall be identical to the original installation, unless approved otherwise in advance by the City. If a change to the installation or material will result in lower future maintenance costs, less frequent breakage, or an increase in public safety, the Contractor shall request authorization, in writing, to make the change for the City. Replacement of system components shall be the same manufacturer and model as original equipment, or better, as authorized by City. Contractor shall submit a monthly wet-check reports, or more frequently as required by the City, at its sole discretion, to ensure the proper coverage is being achieved, and utilize this wet-check report for proposals for repairs. In addition to wet checks, the Contractor shall provide meter readings to verify viability of systems at least once per month, or more frequently as required by the City, at its sole discretion. 3.7.1 IRRIGATION GENERAL CONDITIONS All irrigation lines are to be flushed, cleaned, and maintained monthly, or as required to maintain the required water flow. This shall include, but not be limited to, the adjustment of the throw of water of irrigation heads so as to minimize or eliminate the throw of water onto the public roadway, sidewalk and buildings, and the checking of breaks, and replacement of broken or stolen heads. 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 adjustments 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. The Contractor shall check for breaks in the lateral lines. All irrigation breaks or malfunctions must be repaired by the Contractor within twenty-four (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 Project Manager(s) within twenty-four (24) hours. Irrigation repairs and maintenance shall not be sub-contracted. Contractor shall have sufficient labor, materials, tools, equipment, and qualified and certified supervision to adequately maintain irrigation systems to the City’s specifications and be approved by the City. 3.7.2 COLLINS AVENUE MEDIAN   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  42      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. 3.7.3 ON-GOING MAINTENANCE Required on-going maintenance as follows: Weekly: Contractor is to visually inspect all irrigated areas once per week to identify potential leaks as evidenced by water related plant stress, surface water, dry spots, correct spray patterns, prevention of overspray on pavement, head clogging and retracting, broken or damaged equipment, and paved surfaces and walls affected by irrigation spray. Monthly: Turn system on with controllers and check program. Adjust program as needed for seasons, new plantings, and weather conditions. Verify that system is running 20 minutes on and 20 minutes off, per cycle, to prevent ‘wethose’ hydration (decrease leak rate). Suggested frequency of watering (will vary based on rainfall) is 5 cycles per day/5 days per week during dry season and 4 cycles per day/3 days per week during 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. The Contractor shall also conduct meter readings to verify viability of systems at least once per month 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. 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). Accidental: Accidental damage to system – Follow the monthly procedure and be mindful to always flush the system before and after making repairs. 3.7.4 CONVENTIONAL IRRIGATION SYSTEMS   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  43      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, or more frequently as required by the City, 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. Contractor shall ensure that all irrigation systems have 100% coverage with 50% overlap. 3.8 PESTICIDES AND FERTILIZERS The Contractor must perform an effective commercial fertilization program. Fertilizers must be approved in advance by the Project Manager(s) and must be applied in accordance with the manufacturers instruction’s. The actual type and amount of fertilizer applied must be based on results of soil test(s) and in accordance with manufacturer’s instructions. Contractor shall perform a soil fertility test at least twice per year or before major fertilization as recommended below, at Contractor’s expense. The soil samples shall be taken in a variety of locations, sixteen (16) minimum (10 in parks and facilities, 6 in rights-of-way), to determine the need for soil/plant nutrients before applying fertilizer. The fertilization needs may be adjusted based on the results of the soil sampling and prior approval of the City. Soil test(s) must be conducted by a college or university with a specialty in land management or a commercial soil laboratory; such tests are the full responsibility of the Contractor at no additional cost to the City. In addition to the soil fertility tests, any sign of sickness or disease in trees, palms or shrubs shall be tested immediately, at the Contractor’s cost. Contractor must notify the Project Manager(s) one (1) week in advance of fertilizing so that the Project Manager(s) can make any necessary changes to City operations or activities. Contractor must maintain records of all fertilizer usage on a Contractor provided form. This form must be filled out as fertilizing operations are performed, and all entries must be available for inspection upon request from the Project Manager(s). Fertilizer must be delivered in the original, unopened containers bearing the manufacturer’s chemical analysis, name, trade name, trademark, and indication of conformance to state and federal laws. In lieu of containers, fertilizer may be furnished in bulk if accompanied by a certificate indicating the above information with each delivery. Failure by the Contractor to provide adequate fertilizer and/or insecticide shall constitute a failure to properly maintain landscaping. Resulting foliage or landscaping damage occasioned by such failure, as determined by the City, shall be replaced immediately by the Contractor at no cost to the City. Special attention shall be given to control chinch bug infestation in a timely manner such that turf damage does not occur. Aerial spraying of trees, with the exception of Royal and   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  44      Date Palms, is prohibited (unless otherwise directed by the City). Any spraying on top of palms must occur between the hours of 1:00 AM and 3:00 AM. Avoid spraying when residents are active. Fertilizer and insect/disease control materials shall be applied at the rates established by accepted horticultural standards, manufacturer’s recommendations, by certified specialists, and as approved by City. Contractor shall provide a list of suppliers for the fertilizer / insect control materials including MSDS (Material Safety Data Sheets) for approval by the City. Review by the Project Manager(s) or Consultant shall not be deemed to be an approval that is contrary to any other applicable law or regulation. The Contractor shall apply additional fertilizer or soil amendments as needed to keep lawn and plants in a healthy, green, weed free and nutrient rich condition, at no additional charge. The following fertilization schedule outlines a minimum of applications. Changes in fertilization rates, methods and composition must be approved by the Project Manager(s) in writing. 3.8.1 LAWN (St. Augustine) Apply four applications per year at quarterly intervals in February, May, August, and November. Lawn fertilizer shall be in granular form and have a 3-1-2, 4-1-3 (ie; 12-6-8 or 16-4-8) or similar ratio of N, P, and K with at least 50% of the nitrogen in the insoluble or slow-release form. Fertilizer mix shall also contain iron (at least 0.5%) and other micronutrients such as magnesium, manganese, and zinc. A lower nitrogen product can be used during the summer months so as not to substantially increase growth rates. “Weed and Feed” products containing Atrazine herbicide may be used in cooler months. Products should be applied at the rate of 1 pound of actual nitrogen per 1,000 square feet of lawn area. Contractor is responsible to follow manufacturer’s recommendations for fertilization rates and quantities. 3.8.2 TREES Apply two applications per year in spring and fall of 8-2-12 granular fertilizer or approved equal unless soil conditions or plant species dictate differently. Apply ½ pound per foot of canopy diameter or ½ pound per inch of trunk diameter at breast height, not to exceed 8 to 10 pounds per tree. Contractor is responsible to follow manufacturer’s recommendations for fertilization rates and quantities. 3.8.3 SHRUBS AND GROUNDCOVER Apply four applications per year at quarterly intervals. Flowering shrubs are to receive applications of granular 8-10-10 SCU with micro-nutrients supplemented with liquid 16-4-8 with micro-nutrients unless soil conditions or plant species dictate differently. Non-flowering shrubs are to receive applications of granular and liquid 16-4-8 with micro-nutrients. All Ixora species shall receive TRI-NITE   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  45      (or equivalent) w/minor elements fertilizer. Contractor is responsible to follow manufacturer’s recommendations for fertilization rates and quantities. Due to lack of above ground irrigation on Collins Avenue median, plant material is to receive four applications per year (Every three months) of liquid 16-4-8 with micro-nutrients (no granular fertilizer is to be used). 3.8.4 SEASONAL COLOR Apply one initial and one “mid-term” application of Nutricote total seventy (70) day 13-3-13 fertilizer for each seasonal color planting. Apply Snapshot pre-emergent herbicide to seasonal color planting bed at each seasonal color change. 3.8.5 PALMS Palms shall be fertilized four times per year in the months of February, May, August, and November. Fertilizer to be a granular “Palm Special” 8-2-12 product, with at least 50% of the nitrogen and potassium in the slow-release form, preferably sulfur-coated. Fertilizer mix shall also contain micronutrients, specifically magnesium (kieserite, at least 3%), manganese sulfate (at least 1%), chelated iron (Trachelene, at least 1%), and trace amounts (less than 1%) of boron (boric acid), copper sulfate, and zinc sulfate. For Medjool and Sylvester Date Palms, apply 6-7 lbs. per application and for Canary Island Date Palms apply 8-9 lbs. per application. Fertilizer to be applied in small piles scattered 12” to 48” out from trunk. Contractor shall follow manufacturer’s recommendations for fertilization rates and quantities for all other palms. During the two summer applications (May and August) the 8-2-12 shall be mixed with Sul-Po-Mag or K-Mag in a 1:1 ratio and applied together at the recommended rates. Apply Supplemental Sul-po-mag, K-Mag, manganese sulfate or other micronutrients, as needed, to correct nutritional deficiencies. Palms with reduced rooting space in small planters or beds, or those with extensive ground cover beneath, shall have overall fertilizer rates proportionately reduced by 1/3 to ½ and frequencies increased to 6 times per year (1 time each 2 months) to prevent phytotoxicity. Observation: It shall be the Contractor’s obligation to perform regular monthly inspections of all palms and report to the City any site condition which may be detrimental to the health and vitality of the palms. The base of palm trunks, canopy and palm leaf spears must be observed. Further, the Contractor is   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  46      responsible to harvest and submit appropriate frond, spear leaf or root tissue samples from palms demonstrating unusual characteristics to an approved lab for disease analysis report and forward results and recommendations to the City. Palms that show signs of distress shall be immediately top drenched, if necessary. Insect and disease activity will be treated on an as-needed basis upon inspection. Required service calls and treatment between scheduled maintenance shall be at Contractor’s expense. 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. 3.8.6 INSECT AND DISEASE ACTIVITY The Contractor shall control or eradicate infestations by chewing or sucking insects, leaf miners, fire ants, whitefly and other pests and disease by spraying affected grasses or plants with chemical sprays and combinations of sprays suitable for that particular pest when the infestation or infection becomes evident and as often thereafter as necessary using Integrated Pest Management Principles. The Contractor shall be fully licensed to spray pesticides, and shall use sound cultural practices that aid in preventing the presence or proliferation of insects and diseases. The Contractor shall develop a pest management plan for approval by the City. The Contractor’s plan must establish the strategy and methods for performing the work in a safe, effective, and environmentally sound manner. Should the Contractor fail to report any disease or pest infestation that results in damage to the Site(s) under the responsibility of the Contractor, the Contractor must replace such damage, including, but not limited to, re-sodding, replacement of trees, palms, shrubs, groundcover, etc. Whitefly shall be controlled on all trees, palms, shrubs and groundcover and Contractor shall develop preventive measures in the pest management plan. Contractor is responsible to monitor infestations during the daily servicing and inspection of the site(s). 3.8.7 SPECIALTY PALM/TREE CARE Specialty palms such as Dates Palms, Royal Palms, Bismark Palms and other specialty foliage shall be treated with preventive chemicals per each individual need to properly maintain them. This includes pest infestation, fungicides and deficiencies. Any specialty palm and other trees damaged due to over/under treatment shall be the responsibility of the Contractor and all damaged material shall be replaced within one (1) week of the damage being noticed, at the Contractor’s expense, at no cost to the City. Aerial spraying on top of palms must   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  47      occur on weekdays between the hours of 1:00 AM and 3:00 AM. Avoid spraying when residents are active. The following outlines a minimum of applications. Insect Control: In January, April, August and November, inspect terminal bud of all palms 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 applications assume a continuing boring insect presence on site. OTC Injections: Upon evidence of LY (lethal yellowing) or TPPD (Texas Phoenix Palm Decline) inform the City immediately and upon approval by the City, begin injections per label rate, per palm, of OTC tree injection formula (Tree Saver Inc. or equal). Follow manufacturer’s recommendations re: injection method and frequency. OTC injections are on an “As Needed” basis and will be considered a “Supplemental Service.” Date Palms (Phoenix dactylifera, Phoenix canariensis & Phoenix sylvestris): 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 with Date Palms in South Florida. Disease Control: Three times per year all Date Palms will be treated with a systematic fungicide(s). These applications will be performed as a root/soil drench during the months of March/April, July/August, and November/December and are considered to be preventive maintenance. Contractor is responsible to follow manufacturer’s recommendations for rates and quantities. Soil/root drench utilizing “T-Storm” or “Cleary’s 3336” fungicide combined with either “Subdue Max” or “Chip-co-Aliette” and “Mancocide”. For every other application alternate between Subdue and Aliette. Take steps to ensure that the fungicide doesn’t run off but is instead absorbed into the root system. In the event Thielaviopsis paradoxa is identified in any of the palms and/or has infected a palm in close proximity to the subject palms, commence top to bottom trunk drenches utilizing T-Storm OR Cleary’s 3336. Perform these trunk drenches concurrently to the root/soil drenches. Continue this requirement until such time as infected host palms have been removed from the proximity of the subject palms. Top to bottom fungicide trunk drenches are on an “As Needed” basis   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  48      and will be considered a “Supplemental Service.” Royal Palms: As a preventative measure, apply a Merit systemic insecticide root drench on all Royal Palms with a follow-up within 21 days, twice per year. In addition, apply a foliar application of Cygon, or approved equal, once per year. Drench head of palm until runoff occurs and repeat foliar spray within 21 days. Follow manufacturers’ recommendations regarding application methods and rates. It is the responsibility of the Contractor to perform monthly evaluations of all Royal Palms to keep them healthy. 3.8.8 LAWN (St. AUGUSTINE) Insects and fungus shall be controlled by both curative and preventative measures. Spray all lawn areas, as required, for control of chinch bugs, army worms, sod webworm, fungus, and other pests. Unless specifically approved by the City, only liquid pesticide applications are to be used for chinch bug control. 3.8.9 TREES, SHRUBS AND GROUND COVER Treat trees, shrubs and ground cover, as needed, with the most appropriate selective pesticide for the targeted pests. Follow manufacturer’s instructions for application, using Integrated Pest Management Principles. It is the Contractor’s responsibility to perform monthly evaluations of all trees, shrubs and ground cover and treat as needed to keep them healthy. 3.8.10 HERBICIDE APPLICATIONS Contractor may use selective herbicide by means of spray type to aid in the control of unwanted weeds and vegetation. All applications shall be performed by persons holding a valid herbicide application license as issued by the State of Florida and shall be done in accordance with herbicide manufacturer’s recommended rates and applicable Federal, State, County and Municipal regulations. Contractor must only utilize herbicides registered by the EPA and the Florida Department of Agriculture and Consumer Service’s Bureau of Pesticides. The use and application of any pesticides must comply with Chapter 487 of the Florida Statutes and Chapter 5E-2 of the Florida Administrative Code. The Contractor is required to obtain written approval as to the type, location and method of applications from the Project Manager(s) prior to the use of any herbicides. Any proposed changes in approved herbicide usage must be submitted for the Project Manager’s approval at least five (5) working days in advance of the anticipated usage. The Contractor shall exercise extreme care so as not to overspray and affect areas not intended for treatment. Areas adversely affected   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  49      by such overspray shall be the responsibility of the Contractor and all damaged material shall be replaced, within one (1) week of the damage being noticed, at the Contractor’s expense. Contractor must maintain records of all herbicide usage on a Contractor provided form. This form must be filled out as weed control operations are performed, and all entries must be available for inspection upon request from the Project Manager(s). NOTWITHSTANDING ANY LANGUAGE IN THIS CONTRACT, ALL CHEMICAL APPLICATIONS SHALL REQUIRE WRITTEN APPROVAL BY THE CITY PRIOR TO APPLICATION. CONTRACTOR SHALL SUBMIT YEARLY, QUARTERLY, AND MONTHLY CALENDARS FOR APPROVAL PURPOSES RELATING TO CHEMICAL APPLICATIONS AND LOCATIONS. 3.9 WEED CONTROL The Contractor must perform weed control to prevent the encroachment of weeds into established turf and landscaping, including grass areas, around trees, shrubs, hedges, flower beds, sidewalks, fencing, paved areas, drains, walls, concrete areas, etc. Landscaping, including all annual flower beds, must receive weed control to eliminate unsightly and/or noxious weeds and are to be maintained free of weeds and grass. No weeds shall be visible in any landscape beds at the end of each month. All ditch lines must be line trimmed and weeded to prevent tall weeds or grass from showing above ditch. The Contractor must trim and/or mow as far over the edge of the ditch line as possible to prevent this occurrence. Weed control must be performed to eliminate grass and weeds in cracks and joints within or along sidewalks, jogging paths, curbs, parking lots, fences, in expansion joints, catch basins, gutter areas, etc. At no time must there be any visible weeds left to die in sidewalk cracks, curbs, flower beds, mulched areas, parking blocks and parking lots/areas, or fences. If herbicides are used, weeds are not to be left, to die or dead, in mulched areas or flower beds, creating an unsightly appearance. For trees and palms within lawn areas, herbicide must be kept 2” away from trunk. Do not spray tree leaves, suckers or open wounds. Do not use string weed-eaters or string trimmers for trees and palms within lawn area to avoid trunk damage. All vines growing along or on fences, walls or poles must be removed unless the Project Manager(s) directs in writing that they are to remain in a specific area. Turf must be free of the following, or similar, undesirable vegetation alone or in combination and as further identified in the IFAS Extension Book, “Weeds or Southern Turfgrasses” from the University of Florida as follows: Annual, Purpler, and Yellow Sedge; Broomsedge; Castor Bean; Crowsfoot;   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  50      Dogfennel; Goosegrass; Johnsongrass; Maiden Cane; Ragweed; Rhodegrass; Sandspur; Spanish Needle; Torpedo Grass; Tropical Soda Apple; Vaseygrass; White Clover; Dollarweed; Florida Pusley, Large Pusley. 3.10 TREE & PALM MAINTENANCE All pruning shall be in accordance with the American National Standards Institute ANSI A-300 standards and practices. Tree maintenance must be under the direct supervision of an ISA certified arborist. A tree maintenance schedule developed by an ISA certified arborist shall be provided to the City in writing within (14) days after award of contract as part of the Maintenance and Service Plan. An ISA certified arborist shall be available for tree health inspections and tree maintenance recommendations when requested by the City. All work shall be performed by workers trained in accordance with ANSI Z133.1 safety regulations as required by OSHA. Maintain integrity of original design when trimming. Cuts shall be made with sharp and proper tools. On trees or palms known to be diseased, disinfect tools after each cut and between trees. Prune only at the time of season proper for the variety. Pruning of trees and palms shall only take place after notifying the City. All tree, palm and shrub pruning is included in this Contract. 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 and no plant material shall be trimmed using weed eaters. The contractor shall haul away all trimming debris from site, and properly dispose of at Contractor’s expense. 3.10.1 TREES Prune, thin, and trim all trees once per year, or as needed, to keep the trees healthy, to maintain the natural character of the variety, to control shape and to prevent crowding. Pruning shall consist of the removal of dead, broken, fungus infected, superfluous and intertwining branches, vines, and the removal of dead or decaying stumps and other undesirable growth. Selectively prune all mature 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 in accordance with Tree Care Industry Association and Miami- Dade County standards and practices. Remove sprouts or stems to maintain single trunk on single-trunk trees. Contractor must be responsible for the removal of water- sprouts/suckers growing from trees in areas where landscape maintenance is being conducted, up to the height of 8 feet. No pruning will be done immediately following growth flushes, branches will be pruned just outside the branch collar, and pruning paint will not be applied. Sucker growth will be removed by hand from the base of trees and no herbicide will be used for this purpose. Prune only at time of season for the variety. Shape the top of small trees as needed. Tree pruning will also be required from time to time due to damage from storms, frost or when blocking sight distances, following the ANSI A-300 and ANSI Z-133 standards and Miami-Dade County Tree Ordinance, etc.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  51      Contractor is responsible to prune mangroves if needed or requested by the City. Contractor is responsible for obtaining any required permits and licenses from Miami-Dade County DRER and other agencies to properly prune mangroves. 3.10.2 PALMS Remove dead, dying and hanging fronds from palms, as needed, for clean appearance. Fronds removed shall be severed close to the petiole base without damaging live trunk tissue. The Contractor shall prune Coconut Palms (frond and fruit removal) a minimum of three times per year and other palms (frond and fruit removal) a minimum of two times per year to remove lower hanging fronds and fruit between 9 and 3 o’clock position, or more often as needed to keep fruit free or directed by City. Do not remove fronds that do not hang below a line parallel to the ground. Do not over-prune palms by removing live green fronds. Never pull or rip off palm fronds. The hurricane or candle cut pruning of palms is not allowed, also the use of climbing spikes is not allowed. When pruning palms, thoroughly sanitize pruning tools using chlorine bleach or isopropyl alcohol before use on site and in between each palm to mitigate the risk of disease translocation from site to site and/or from palm to palm. Prune all Date Palms two times per year (May and October) to remove Date Palm seeds and lower fronds, or more often as needed to keep fruit free or directed by City. When pruning Date Palms, thoroughly sanitize pruning tools using chlorine bleach or isopropyl alcohol before use on site and in between each palm to mitigate the risk of disease translocation from site to site and/or from palm to palm. Prior to hurricane season (June 1st), prune Date Palms as follows: Prune seed stalks cutting the stems to within 6” of trunk and two lowest sets of fronds on palms that have been established on site for more than two years. Remove all of the inflorescence/date stalks. Follow with a fungicide application as specified in Article 3.8.7. At no time shall Date Palm fruit droppings litter sidewalks, streets or landscape areas. Using palm spikes to climb is not allowed. 3.11 SHRUB & GROUNDCOVER MAINTENANCE Shrub and groundcover material shall be pruned a minimum of once per month to ensure the best shape, health and character of the individual plant if needed. Mechanical trimming may only be used when the health or appearance of the plant will not be damaged by the mechanical trimmers. Groundcover plants shall be selectively cut back to encourage lateral growth and kept in bounds and out of other plantings. On SR A1A (Collins Avenue) the Contractor shall trim shrubs and groundcover, as needed, to meet the criteria set forth in FDOT Index 546. Cut back overgrowth of shrubs and groundcover that extends into the right-of-way preventing clear line of sight. Contractor shall fertilize, water (as necessary), trim, eliminate weeds, add or replace mulch around all shrub and groundcover beds within all of the Work areas and repair or replace damaged or dead   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  52      landscaping. Dying or dead shrubs, hedges, plants and flowers shall be replaced at no cost to the City unless the condition of the landscaping is due to an outside third party, force majeure, or directly by the City’s representatives. Examples include damage due to vehicular accidents, third party pruning, hurricanes, etc. Keep areas surrounding the base of bromeliads and cups free from leaf debris and hardwood mulch. Remove dead leaves at base to give clean appearance. Remove mother plant after the flower spike has declined. When pups become approximately 1/3 the size of mother plant, divide pups and re- plant. Dust with snail bait if needed and dust soil with timed released fertilizer as needed. Do not allow micro-nutrients to drift into bromeliads and do not overwater. Every year, depending on growing conditions, remove all the mother plants and replenish the planting bed soil and replant that seasons pups for all clumping species such as Aechmea species, Neorgelia species, etc. 3.12 MULCH Mulch shall be certified arsenic free, Premium Gold, Grade ‘A’ Mulch or approved equal (provide evidence of type and grade of mulch to City prior to delivery for approval). Contractor shall maintain a maximum depth of (2.5”) of mulch around landscaping beds including tree rings. If trees or shrubs are mulched too heavily it is detrimental to the plant. Contractor shall remove excess mulch while taking care not to injure the plant. Mulch shall be installed so as to not be within 4” of base of tree trunk (trunk and flare should be visible) and 1” below adjacent curbs and pavement. Mulch shall be laid evenly and Contractor shall be careful not to cover any ground landscape lighting or irrigation heads. Contractor will provide and install all required mulch at the contract unit prices established in the Contract as requested by the City. Mulch is on an “as needed” basis and will be considered a “Supplemental Service.” 3.13 MOWING Properly maintained grass and vegetation provide a pleasing appearance and proper ground cover for recreational areas and rights-of-way and are essential elements of a healthy community. More vitally, presents less chance of defects and potential safety problems, including a reduction in possible injuries during recreational activities, as a result of improperly maintained turf. All St Augustine, Bahia and Bermuda turf must be maintained at a uniform height. Turf cutting is to be accomplished free of scalping, rutting, bruising, uneven and rough cutting. If this occurs, the Contractor may be asked to re-cut the area(s), as determined by the Project Manager(s), at no additional cost to the City. The Contractor’s Maintenance and Service Plan must include the mowing schedule for St. Augustine and Bermuda turf, including the minimum number of mow cuts required. The standards for mowing are: 3.13.1 Contractor must pick up and dispose of litter, leaves, debris (not limited to bags, cans and   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  53      paper) prior to mowing. This litter and debris includes but is not limited to glass, rocks, dead foliage, metal, branches, paper, plastic items, palm fronds or other debris subject to becoming a projectile if engaged by a mower. The associated cost must be included in the cost of mowing. 3.13.2 Use string trimmers for areas not accessible to mowing equipment. Trim around poles, guardrails, fence posts, and other fixed objects. Trimming must be done in such a way as to avoid damaging the trunk, bark, or roots of trees and shrubs, fence posts, poles, guardrails and other fixed objects. Contractor shall be responsible for replacing or repairing damaged vegetation and fixed objects including chipped paint due to string trimming. Do not use string trimmers adjacent to trunks to avoid trunk damage. All cuttings must be removed after trimming. 3.13.3 There must never be visible rows or clumps of turf clippings allowed to remain on turf areas that have been cut. Grass clippings may be mulched to remove clumping or reduce visibility or the clippings must be removed from the site. No turf clippings or trimming must be left in any of the flower beds, mulched areas, or paved areas. Sidewalks and other paved areas must be swept or vacuumed free of any resulting dirt and debris. 3.13.4 Grass/Turf must be free of bare ground, which is defined as any single area of five (5) square feet without vegetation. Bare grass areas must be restored and re-sodded and soil conditions improved at no cost to the City. All stones and rubbish that appear on the surfaces must be removed. The areas must be sufficiently watered to promote growth. Areas damaged by disease, vehicular traffic, removal of vegetation, erosion or construction, must be restored and re-sodded as approved by the Project Manager(s) to match the existing turf. The Contractor must perform soil testing and sampling at the Project Manager’s request, which must be conducted by a college or university with a specialty in land management or a commercial laboratory; such tests are the responsibility of the Contractor. 3.13.5 St. Augustine grass shall be mowed with a rotary mower for a minimum of (45) cuts per year or more frequently as needed to maintain a well-manicured appearance at all times. The cutting height shall be a maximum of 3 ½” to 4” above soil. 3.13.6 Bahia grass shall be mowed with a rotary mower for a total of (36) cuts per year or more frequently as needed to maintain a well-manicured appearance at all times. The cutting height shall be a maximum of 3 ½” to 4” above soil. 3.13.7 The mowing of wet grass shall be avoided when possible. Mower blades must be kept sharp so that the cut grass edge is clean and not ragged. Mowing patterns shall be changed frequently to avoid ruts or wear. Wind-row mowing patterns are not permitted. 3.13.8 The Government Center and School shall be mowed on Saturdays only.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  54      3.13.9 Shallow tine slice aeration shall be performed at least twice per year to provide proper air and water exchange for maximum growth potential and health of St. Augustine turf in parks only. Aeration shall result in a hole depth of 5 inches with average spacing of 16 holes per square foot. In areas with noticeable compaction and wear, additional aeration will be required at no additional cost. Coordinate dates for this work with the City. Contractor is to check the depth of any wires, irrigation or utilities prior to application.   3.14 SPECIAL CONDITIONS FOR BERMUDA TURF Bermuda turf shall be vibrant, healthy, green, thatch free and nutrient rich at all times. Apply high quality commercial fertilizer and soil amendments to maintain best horticultural practices and standards for major and minor nutrients, and optimum soil pH levels year-round to ensure healthy and vibrant Bermuda turf as defined by the City, at its sole discretion. Contractor shall complete a minimum of (4) soil analyses per year to verify the major and minor element requirements as well as pH levels, and adjust fertilizer application and soil amendments as needed to maintain year-round healthy and vibrant turf, subject to City approval. Submit all soil analyses to City for review. 3.14.1 MOWING BERMUDA TURF The mowing of Bermuda turf is not to exceed 1 ½” and not below 1” or as directed by City with a reel type or rotary type with contour deck mower. Remove all clippings and thatch after each cut. Cutting blades and bed-knife shall be washed down before and after each use to prevent the spread of spores, weed seeds and other contaminants. Mow and edge all Bermuda turf a minimum of two (2) times per week, including weekends (104 cuts per year). Turf shall be cross-cut and direction shall be changed weekly. 3.14.2 FUNGUS & INSECT CONTROL Insects and fungus in Bermuda turf shall be controlled by both curative and preventative measures. Apply fungicide at the first symptoms of fungal presence in Bermuda turf. Follow manufacturer’s instructions for application methods and amounts. Turf shall be maintained to remain 100% fungus free year-round. Apply ‘TopChoice’ manufactured by Bayer or approved equal for fire ant and mole cricket control two times per year minimum on Bermuda turf. Timing will be critical on mole cricket applications and frequencies or application will be as needed to successfully control their infestations. Nematode samples will be taken at least two (2) times per year and action shall be taken per the recommendation of the lab results to control the populations. Follow manufacturer’s instructions for application methods and amounts. Any turf damaged due to over/under treatment shall be the responsibility of the Contractor and all damaged material shall be replaced, within one (1) week of the damage being noticed, at the Contractor’s expense, at no cost to the City. Turf shall be maintained to remain 100% pest free year-round. 3.14.3 FERTILIZATION For fertilization on Bermuda turf, the Contractor shall apply Polyon 22-0-22 slow release   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  55      fertilizer with 67% Ronstar manufactured by Harrell’s. The granular fertilizer shall have an analysis N-P-K ratio of 1-0-1 applied every 90 days (4 times per year). Products should be applied at the rate of 2 pounds of actual nitrogen with 2 pounds of Ronstar per 1,000 square feet of lawn area. Granular applications may be adjusted based on soil tests. The Contractor is responsible for contracting with a laboratory approved by the City, to complete two soil analyses per year to verify the minor element requirements, and adjust fertilizer application as needed. The Contractor will submit soil analysis to City for review. Micronutrients and supplemental macronutrients to be determined by soil and tissue tests. All micronutrients and supplemental macronutrients should be applied as a liquid form for foliar uptake. Contractor is responsible to follow manufacturer’s recommendations for fertilization rates and amount. 3.14.4 AERATION, VERTICUTTING, SLICING Shallow tine slice aeration shall be performed at least every other month (six times per year) to provide proper air and water exchange for maximum growth potential and health of Bermuda turf. Aeration shall result in a hole depth of 3-4 inches with average spacing of 16 holes per square foot. Deep tine aeration, minimum 8” deep, shall be performed twice per year. In areas with noticeable compaction and wear, additional aeration will be required at no additional cost. Coordinate dates for this work with the City. Contractor is to check the depth of any wires, irrigation or utilities prior to application. Verticutting must be performed once a year and thatch build-up needs to be monitored and alleviated when necessary. De-thatching should be maintained at a depth of ¼” – ½” of depth and thatch shall be collected and disposed of by the Contractor. 3.14.5 WEED CONTROL For weed control, on Bermuda turf, the Contractor shall apply Sencor 75 Turf herbicide and Revolver Selective herbicide by Bayer or approved equal to maintain a 95% weed free turf, following the manufacturer’s instructions for application methods and amounts. Visible weeds shall be removed by hand before the base reaches more than one inch in diameter. 3.15 EDGING Sidewalks, driveways, curbs, and other concrete or asphalt edges must be edged concurrently (same day) with each mowing cycle. Edging height must match surrounding area turf heights and must be neat and clean, providing a clear zone free of scalping, rutting, bruising, uneven or rough cutting. All sidewalks, driveways, street edges, curbs, and other paved areas must be edged to maintain a clear zone immediately adjacent to paved surfaces and to provide uniform edge lines. In addition, the following edging standards have been established:  Edging must be performed at the same time as mowing and must be cut to the same height standards established for turf mowing heights.  Contractor must maintain the shape of planting beds when edging.  No vegetation or debris may encroach onto the curb or sidewalk.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  56       No deviation of soil height of more than 4” above or 2” below the top of curb or sidewalk.  No grass, vegetation, or debris may encroach onto a path.  No encroachment of vegetation more than 3” over mulch on trees and landscape beds.  Edging may be accomplished by mechanical (cutting or trimming by machine) and/or chemical control. The use of any chemicals must be subject to the approval of the Project Manager(s) in accordance with the requirements of the Contract Documents.  The contractor is to ensure that proper attention is given where tree roots are in close proximity to curbs and sidewalks. Extreme care must be exercised to prevent damage to concrete during the edging process. 3.16 LINE TRIMMING Turf must be line trimmed, using line trimming or other standard industry practices or sprayed in a manner that does not leave dead or dying grass in areas around trees, shrubs, buildings, fences, light poles, sign posts, fire hydrants, picnic tables, benches, parking lot bumper blocks, boulders, or other fixed obstacles. Line trimming must be performed concurrently (same day) as turf mowing. Trimming height must match surrounding area turf heights. Trimming around trees should be done to so as to leave a neat tree ring appearance. Trees or shrubs damaged as a result of line trimming must be replaced or repaired by the Contractor. If vegetation should die or become unhealthy due to line trimming damage, the Contractor will be responsible for replacing the damaged vegetation with the same species and size at no cost to the City. Trimming must be done in such a way as to avoid damaging the trunk, bark, or roots of trees and shrubs, fence posts, poles, guardrails and other fixed objects. Contractor shall be responsible for repairing fixed objects including chipped paint due to line trimming. All cuttings must be removed after trimming. 3.17 CATCH BASINS No fuels, oils, solvents, or similar materials are to be disposed of in any catch basins. The Contractor must closely adhere to Federal Environmental Protection Agency requirements, and is responsible for all non-compliance penalties. 3.18 BUS SHELTER & BENCH LOCATIONS The Contractor shall provide a well maintained, safe, clean, and attractive bus shelter and bench locations at all times keeping all benches, trash receptacles, concrete pads, pavers, shelters and surrounding areas clean and free of all foreign debris, mineral deposits, graffiti, trash, litter, cigarette butts, newspapers, gum, food, cups, stickers, posters, stains, spills, spotting, weeds, overhanging trees, bees, insects, spider webs, etc. This includes cleaning the glass panels of all bus shelters so that it is clean and free from mineral deposits. All areas shall be patrolled and maintained 7 days a week, including all weekends and holidays. All trash receptacles shall be emptied on a daily basis, seven days a week including all weekends and holidays.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  57      The Contractor shall conduct a visual check of each area and immediately report to the Project Manager(s) items needing special repair or attention including bus shelter damage and missing signs. There are (3) extra-large, (35) large, (8) small bus shelters located throughout the City. The quantities are subject to change during the term of the Contract and the contract cost will change accordingly, based on unit prices. 3.19 GRAFFITI REMOVAL The Contractor shall provide graffiti removal from all site furnishings, retaining walls, utility boxes and vaults, barrier wall of William Lehman Causeway and Sunny Isles Blvd. Causeway. The Contractor shall assess each surface for the most efficient and effective method of removal with the least impact to the structure and the environment. Methods shall include wipe-off with solvent, commercial self-contained power washing and/or paint-over with closely matched paint with paint sprayer or roller, as directed by the City. The removal of graffiti shall receive high priority and should be addressed within one business day of notice of work to be performed and the work must proceed continuously and expeditiously until the work is complete. The Contractor is responsible for immediately notifying the City of any graffiti found during the regular servicing and inspection of the City. Graffiti removal shall include the barrier walls of the William Lehman Causeway and Sunny Isles Blvd. Causeway. Graffiti removal is on an as needed basis and will be considered a “Supplemental Service.” 3.20 LITTER/DEBRIS REMOVAL Litter removal is performed for aesthetic and safety reasons. It is desired to present a pleasing appearance and environment to the patrons of our parks, beach as well as to motoring and pedestrian traffic within the City, but it is more important to provide safety. Litter in the parks and adjacent swale areas, roadways, cul-de-sacs, landscaped areas and swales is to be removed prior to mowing or edging in order to reduce the possibility of hazards to those using the parks, motorists, pedestrians, and the equipment operators. The Contractor must perform litter and debris removal in all areas where Work is performed. Responsibilities must include, but not be limited to, the removal and disposal of all natural debris (tree limbs, leaves, fallen trees, dry brush, dead animals, etc.), and man-made debris (tires, tire pieces, plastic bags, bottles, lumber, building materials, furniture, shopping carts, household items, vehicle parts, metal junk, packaging materials, campaign/advertising or other signs and postings, etc.). Leaves must be removed from all turf areas, gutters, sidewalks, pathways, and paved areas. Landscape lighting shall be wiped down, blown off or vacuumed as needed to prevent accumulation of clippings and dead insects. The Contractor shall properly and legally dispose of any dead animals located within the City limits when discovered by the contractor or 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.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  58      The Contractor shall collect shopping carts from public property and return them to the owner on a daily basis. The Contractor must sweep all driveways, parking areas and sidewalks where turf cuttings and trimmings are evident as well as any dirt or stones resulting from the Work and remove the trimmings, dirt, and stones from the premises. The Contractor shall use a mechanized leaf vacuums 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. Contractor must properly dispose of all litter and debris at off-site locations in accordance with existing local, state, and federal regulations, at Contractor’s expense. City dumpsters or other containers are not to be used for disposal of any litter, debris or turf trimmings. The Contractor shall empty and dispose of contents of all trash containers in all rights-of-way, beach access paths, government facilities, and parking lots once per day, seven days per week including all weekends and holidays. In addition, the Contractor shall empty and dispose of contents of all trash containers (including fish guts) at the Pier Park Fishing Pier twice per day on Saturday and Sunday, including holidays, in the morning between 7:00 am and 10:00 am and in the evening by 6:00 pm, including all weekends and holidays. Litter and debris removal in all rights-of-way, including area within 5’ from back of sidewalk on all interior streets, beach access paths, government facilities, and parking lots shall occur once per day, 7 days a week, including weekends and holidays. A minimum of two employees shall be assigned to litter and debris pick up in these areas and the Work shall be completed by 10:00 am in the morning. Litter and debris removal within the rights-of-way on Collins Avenue including and including area within 5’ from back of sidewalk on the east side and 10’ from back of sidewalk on west sides of Collins Avenue from 195th Street to 156th Street, to include the two landscaped parcels on the west side of Collins Avenue, north and south sides of 189 Street, at the eastern end of the William Lehman Causeway (including 20’ sodded alleyway between landscaped area and fence), and both sides of Sunny Isles Blvd, including the Business Loop shall be twice per day, 7 days a week, including weekends and holidays. A minimum of two employees shall be assigned to litter and debris pick up in these areas and the Work shall be completed between 7:00 am and 10:00 am in the morning and 3:00 pm to 6:00 pm in the evening. Particular attention must be made to remove litter accumulation under shrubs in medians and swales along Collins Avenue and Sunny Isles Boulevard. Contractor must notify the Project Manager(s) of any debris or any other situation(s) that create a hazardous condition. 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. END OF SECTION   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  59      SECTION 4 Basic Services 4.1 BASIC SERVICES (RECURRING MONTHLY) The basic services listed within this section are services to be conducted on a routine schedule as outlined in the Contractor’s Maintenance and Service Plan and approved by the City. This section is to include the supplying of all necessary personnel, materials, supplies, labor, supervision, equipment, fuel, and other miscellaneous necessities to fully maintain the general condition of the City’s parks, rights-of-way, beach access areas, bus shelter locations, parking lots and government facilities to a superior level that will meet or exceed the Performance Standards and Technical Specifications in accordance with Section 3 and all requirements of the Contract Documents.  Section A: Parks  Section B: Right-of-Ways  Section C: Beach Access Areas  Section D: Bus Shelter  Section E: Parking Lots  Section F: Government Facilities This work shall include, but not be limited to, weeding, mowing, turf maintenance, edging, pruning, hedge trimming, raking, sweeping, blowing and vacuuming sidewalks, herbicide applications including preventive and corrective applications, fertilization and pest management services using Integrated Pest Management principles, irrigation system maintenance, repair and adjustments, landscape maintenance, replacing any plants lost due to negligence of the Contractor, seasonal color replacement, daily cleaning of all bus shelter and bench locations, daily removal of all litter including dead animals, shopping cart removal and litter pick up seven days per week. The Bidder will be responsible for the supply and installation of all irrigation materials necessary for a fully operational irrigation system. The supplying and placing of this section is separate and unique from the Supplemental Services (“On Demand”) Section 5, also listed in this ITB and the bid price shown for this section 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. 4.1.1 A. PARKS (See section A of the bid form) The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to all City parks. All the tasks required in the maintenance of the Parks shall be completed in accordance with Section 3, Performance Standards & Technical Specifications.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  60      4.1.2 B. RIGHTS-OF-WAY (See section B of the Bid Form) The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to all City Rights-of-Way. All the tasks required in the maintenance of the Rights-of-Way shall be completed in accordance with Section 3, Performance Standards & Technical Specifications. B1 thru B2 Removal of all litter and debris in the medians on Collins Avenue and all areas within 10’ from back of sidewalk on the west side and 5’ from back of sidewalk on the east side from 195th Street to 156th Street, to include the two landscaped parcels on the west side of Collins Avenue at the eastern end of the William Lehman Causeway, and the north and south sides of Sunny Isles Blvd., including the Business Loop, shall be conducted two times per day, 7 days a week for items B1 and B2. B3 thru B23 Removal of all litter and debris on all interior streets within 5’ from back of sidewalk shall be conducted once per day, 7 days a week for items B3 thru B23. B11 This bid item is to include the 172nd Street right-of-way from North Bay Road to Collins Avenue including area along the private parking lot on the south side in between the parking lot and back of sidewalk.   4.1.3 C. BEACH ACCESS PATHS (See section C of the Bid Form) The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to all Beach Access Paths. All the tasks required in the maintenance of the Beach Access Paths shall be completed in accordance with Section 3, Performance Standards & Technical Specifications. C1 thru C17 Removal of all litter and debris shall be conducted once per day, 7 days a week. The landscaping for the beach access paths is maintained by the adjacent property owners. 4.1.4 D. BUS SHELTER AND BENCH LOCATIONS (See section D of the Bid Form) The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to all Bus Shelter and Bench locations in accordance with Section 3, Performance Standards & Technical Specifications.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  61      D1 thru D3 Removal of all litter and debris shall be conducted once per day, 7 days a week. 4.1.5 E. PARKING LOTS (see section E of the Bid Form) The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to all City parking lots. All tasks required in the maintenance of City parking lots shall be completed in accordance with Section 3, Performance Standards & Technical Specifications. E7 This bid item is to include the areas around the Heritage Park Parking Garage, the area along the pathway to the Wm Lehman Causeway on the south side of the garage, the areas along the Ocean Reserve Condo and those areas adjacent to the right-of- way (i.e. the wall). E8 This bid item is to include the North, South and West sides of the Gateway Park Parking Garage between the property line and garage. E1 thru E8 Removal of all litter and debris shall be conducted once per day, 7 days a week. 4.1.6 F. GOVERNMENT FACILITIES (see section F in the Bid Form) The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to all Government facilities. All tasks required in the maintenance of Government Facilities shall be in accordance with Section 3, Performance Standards & Technical Specifications. F7 This bid item is to include the Public Works compound with trailers underneath the Wm Lehman Causeway between the Intracoastal Waterway and North Bay Road. F1 thru F7 Removal of all litter and debris shall be conducted once per day, 7 days a week. 4.1.7 G. SEASONAL COLOR REPLACEMENT (see section G in the Bid Form) The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to replace the City’s seasonal color three times per year in a timely fashion. All tasks required   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  62      in the replacement of seasonal color shall be in accordance with Section 3, Performance Standards & Technical Specifications. G1 thru G3 This bid item is to include the removal and proper disposal of prior season’s flowers and soil, new Atlas 3000 planting soil mix and soil amendments, pre-emergent herbicide, delivery, layout and placement of annual flowers in 4.5” pots, cleanup and maintenance of new flowers in the locations designated by the City. 4.1.8 H. ROYAL PALM MAINTENANCE The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to maintain all Royal Palms. All tasks required in the maintenance of Royal Palms shall be in accordance with Section 3, Performance Standards & Technical Specifications. H1 This bid item is to include Merit soil drench for Royal Palms two times per year including a follow-up application per specifications in the locations designated by the City. H2 This bid item is to include Cygon Foliar spray for all Royal Palms once per year, including a follow-up per specifications in the locations designated by the City. 4.1.9 I. DATE PALM MAINTENANCE The Bidder shall conduct “Landscape Maintenance Services” as defined in this ITB to maintain all Phoenix dactylifera, Phoenix canariensis and Phoenix sylvestris. All tasks required in the maintenance of Date Palms shall be in accordance with Section 3, Performance Standards & Technical Specifications. I1 This bid item is to include Date Palm maintenance including all root/soil fungicide drench applications per specifications in the locations designated by the City. END OF SECTION   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  63      SECTION 5 Supplemental Services 5.1 Supplemental Services (“On Demand”): This section is separate from the Basic Services (Recurring Monthly) maintenance. Even though some of the items listed in this section are part of the monthly recurring maintenance, the Bidder must assure that these are also available on demand. These services will be requested as needed by the City. The bid and award evaluation will include the unit prices submitted in the Supplemental Services Bid Form. 5.1.1 J. PLANT REPLACEMENT (see section J in the Bid Form) Plant replacements shall conform to, or exceed the minimum standards for Florida No. 1 grade or better in the most current edition of the Florida Grades and Standards for Nursery Plants prepared by the State of Florida Department of Agriculture and Consumer Services. J1 thru J105 This bid item is to include removal and proper disposal of existing plants, and then delivery, layout, placement, staking, mulch, initial hand watering until established if needed, cleanup and maintenance of new plants in the locations designated by the City. 5.1.2 K. MATERIALS (See section K in the Bid Form) 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. 5.1.2.1 OTC INJECTIONS K1-K2 This bid item is to provide Coconut and Date Palm OTC (Lethal Yellowing) injections in the locations designated by the City. Follow manufacturer’s recommendation regarding application rates and methods. 5.1.2.2 TOPSOIL K3 This bid item is to include the supplying, delivery, placement, and grading of 70/30 topsoil in the locations designated by the City. This topsoil shall be a high quality mix of 70% organics (Florida peat, etc.) and 30% sand. 5.1.2.3 PREMIUM GOLD COLORED MULCH   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  64      K4-K5 This bid item is to include the supplying, delivery, placement, and grading of certified arsenic free certified Premium Gold colored mulch in the locations designated by the City. 5.1.2.3.1 SPECIAL CONDITIONS Certified arsenic free certified Premium ‘Gold’ (provide evidence of type and grade of mulch, to City, prior to delivery, for approval by Project Manager). 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. Contractor will provide and install all required mulch at the contract unit prices. 5.1.2.4 TRAP SAND K6 This bid item is to include the supplying, delivery, placement, and grading of #70 Trap Sand in the locations designated by the City. 5.1.2.5 ATLAS 3000 MIX K7 This bid item is to include the supplying, delivery, placement, and grading of Atlas 3000 planting soil mix by Atlas Peat & Soil (or approved equal) in the locations designated by the City. 5.1.2.6 ST. AUGUSTINE ‘FLORATAM’ SOD K8-K9 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. 5.1.2.7 BERMUDA ‘TIFWAY’ 419 K10 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. 5.1.2.8 PASPALUM NOTATUM   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  65      K11 This bid item is to include the supplying and delivery of Paspalum notatum (Argentine Bahia Sod) on pallets, off-loaded and installed in a location designated by the City. 5.1.2.9 PALM BEACH CAP ROCK K12 This bid item is to include the supplying and delivery of Palm Beach Cap Rock (or approved equal) by square feet, and off- loaded in a location designated by the City. 5.1.3 L. LABOR (see section L of the Bid Form) 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. 5.1.3.1 LANDSCAPE SUPERINTENDENT L1 thru L2 This bid item is for additional work by a trained and competent Landscape Superintendent who shall be fluent in English. 5.1.3.2 LANDSCAPE LABORER L3 thru L4 This bid item is for additional work by a trained and competent Landscape Laborer. 5.1.3.3 IRRIGATION SPECIALIST L5 thru L6 This bid item is for additional work by a trained and competent Irrigation Specialist who shall be fluent in English. 5.1.3.4 IRRIGATION LABOROR L7 thru L8 This bid item is for additional work by a trained and competent Irrigation Laborer. 5.1.4 M. EQUIPMENT (See section M in the Bid Form) 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   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  66      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. 5.1.4.1 BACKHOE OPERATOR INCLUDING OPERATOR M1 thru M2 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. 5.1.4.2 DUMP TRUCK INCLUDING OPERATOR M3 thru M4 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. 5.1.4.3 TRAILER MOUNTED WATER TANK INCLUDING OPERATOR M5 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. The Bidder shall be responsible for paying for any water usage and shall obtain a water meter from the City of North Miami Beach. The City will designate specific areas where the Bidder will be allowed to fill up. 5.1.4.4 SELF PROPELLED TRENCHER INCLUDING OPERATOR M6 thru M7 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. 5.1.4.5 BUCKET TRUCK M8 This bid item is to provide a fully functioning and properly maintained bucket truck of no less than 65'. 5.1.4.6 CHIPPER BRUSH M9 This bid item is to provide a fully functioning and properly maintained chipper brush.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  67      5.1.4.7 STUMP GRINDER M10 This bid item is to provide a fully functioning and properly maintained stump grinder. 5.1.4.8 GRAPPLE LOADER M11 This bid item is to provide a fully functioning and properly maintained grapple loader with a 30 cubic yard capacity. 5.1.4.9 BULLDOZER INCLUDING OPERATOR M12 thru M13 This bid item is to provide a fully functioning and properly maintained bulldozer with competent operator. 5.1.5 N. MISCELLANEOUS ITEMS (see section N of the Bid Form) This bid item is to include the supplying of all necessary materials, supplies, labor, equipment, fuel, and other miscellaneous necessities to conduct the following tasks. Such work shall be considered as miscellaneous items which are subject to the City’s final approval. Upon approval, the City will pay the contractor based on the labor rate specified in the Bid Form, Section N, of the Bid Cost Proposal. For work requested beyond the provided labor rates, the City’s Project Manager may request quotes from other contractors for the stated miscellaneous items. N1 REPLACE / REPAIR NETTING Repair or replace any netting or screening at the baseball field in Pelican Community Park and soccer field at Senator Gwen Margolis Park. The repairs are to be made only upon authorization of the City, but the Bidders are 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. N2 PRESSURE CLEAN VARIOUS CITY FACILITIES Pressure clean various City facilities and sidewalk areas with a 3500 PSI pressure washer, as specifically directed by the City. This proposal item is to include 2 persons and is intended to cover unique situations such as an accident that leaves debris or staining on the City’s sidewalks, streets and/or parking lots, bus shelters, or other areas as specified by the City.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  68      N3 HANG BANNERS Hang banners in the locations designated by the City. This proposal 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 Bidders is responsible for immediately notifying the City if any missing or damaged banners are found during the regular servicing and inspection of the streets. N4 MOVE THE LIFE GUARD STANDS Move the Life Guard Stands on the beaches within the City to areas within the beach that are closer to the dune. The Contractor is required to have the proper equipment to move the stands without damage to the structures. N5 GRAFFITI REMOVAL Cover over or remove, as directed by the City, any graffiti. This proposal 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. This shall include the removal of the graffiti along the barrier walls of the William Lehman Causeway and Sunny Isles Boulevard. N6 BEE, WASP AND HORNET REMOVAL Proper removal and eradication of bee, wasp and hornet nests by a registered beekeeper or trained Pest Control Operator. N7 CLEANING BEACH This bid item includes 2 persons, 7 days a week including weekends and holidays patrolling the beach to remove all litter and debris. Such work shall be considered as miscellaneous items which are subject to the City’s final approval. Upon approval, the City will pay the contractor based on the labor rate specified in the Bid Form Section N of the Bid Cost Proposal. For work requested beyond the provided labor rates, the City’s Project Manager may request quotes from other contractors for the stated miscellaneous items.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  69      N8 PREVENTIVE MOSQUITO CONTROL WITHIN CITY RIGHTS-OF-WAY This bid item includes fogging seven miles of City rights-of-way and the Public Works compound under the William Lehman Causeway. Fogging to be performed with truck mounted fogger. Work to be completed overnight in the pre-dawn hours (exact times to be determined by City) in a manner safe to the public. Avoid spraying when residents are active. N9 PREVENTIVE MOSQUITO CONTROL WITHIN CITY PARKS AND BEACH This bid item includes fogging the City parks with a motorized cart and /or backpack. Work to be completed overnight in the pre-dawn hours (exact times to be determined by City) in a manner safe to the public. Avoid spraying when residents are active. N10 PREVENTIVE MOSQUITO CONTROL WITHIN CATCH BASINS This bid item includes installing Altosid Briquets, or approved equal, in catch basins throughout the City. N11 DATE PALM FUNGICIDE TRUNK DRENCH This bid item includes a top to bottom fungicide trunk drench utilizing T-Storm or Cleary’s 3336 in the event that Thielvopsis paradoxa is identified in close proximity to subject palms. END OF SECTON   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  70      DELIVER TO: City of Sunny Isles Beach City Clerk 18070 Collins Avenue Sunny Isles Beach, FL 33160 SECTION 6 INVITATION TO BID BID SUBMITTAL FORMS OPENING: 2:30 P.M. 06/28/2017 PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: Purchasing Agent Date Issued: 05/12/2017 This Bid Submittal Consists of Pages 71 through 88 Sealed bids are subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. ITB 17-05-01 City Wide Landscape Maintenance Services A Bid Deposit in the amount of 5% (See Section 2.10) of the bid shall accompany all bids A Performance and Payment Bond in the amount of 100% (See Section 2.9) of the bid will be required upon execution of the contract by the successful bidder and City of Sunny Isles Beach Procurement Agent: Firm Name: Genesis Cuevas, MPA ________________________________________ Commodity Code(s): RETURN ONE ORIGINAL AND 4 COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 91 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  71      BID FORM for LANDSCAPE MAINTENANCE SERVICES Basic Services (“Recurring Monthly”) Section 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 Bidders, 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 proposal unit price of the items times the number of items authorized, ordered, placed, and accepted by the City. The following work consists of furnishing all labor, materials, supplies, equipment, tools, transportation and supervision necessary to perform and maintain the City’s landscape maintenance needs for City Facilities, Bus Shelters, Beach Access Paths, Parks and Public Rights-of-Way in accordance with the Performance Standards, Technical Specifications and Scope of Services detailed herein. A. PARKS No. Ref Item No. DESCRIPTION Est. Quantity Per Week Price Extended Total 1  A1 Senator Gwen Margolis Park (17815 North Bay Rd) 52 Weeks $ $ 2  A2 Town Center Park (17200 Collins Avenue) 52 Weeks $ $ 3  A3 Samson Oceanfront Park (17425 Collins Avenue) 52 Weeks $ $ 4  A4 Pelican Community Park (18115 North Bay Road) 52 Weeks $ $ 5  A5 Golden Shores Park (201 195 Street) 52 Weeks $ $ 6  A6 Heritage Park (19250 Collins Avenue) 52 Weeks $ $ 7  A7 Oceania Park (16320 Collins Avenue) 52 Weeks $ $   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  72      8  A8 Intracoastal Parks (16000 - 16200 Collins Avenue) 52 Weeks $ $ 9  A9 Gateway Park (151 Sunny Isles Blvd.) 52 Weeks $ $ Subtotal Section “A” Lines No. 1 – 9:    $   B. RIGHTS-OF-WAY 10  B1 Collins Avenue (including 10’ easement on west side from 195 St. to 156 St.) 52 Weeks $ $ 11  B2 Sunny Isles Boulevard (eastbound and westbound including Business Loop) 52 Weeks $ $ 12  B3 William Lehman Causeway 52 Weeks $ $ 13  B4 174th Street (including medians) 52 Weeks $ $ 14  B5 158th Street / Bayview Drive 52 Weeks $ $ 15  B6 159th Street / Kings Point Drive 52 Weeks $ $ 16  B7 Atlantic Isles Entrance and Bridge 52 Weeks $ $ 17  B8 Atlantic Isles Lagoon including Atlantic Isle Bridge planters and WASA Pump Station 52 Weeks $ $ 18  B9 Atlantic Isles Cul-de-sac 52 Weeks $ $ 19  B10 North Bay Road (from S. Isles Blvd. to 172 St.) 52 Weeks $ $ 20  B11 172nd Street (from N. Bay Road to Collins Ave.) 52 Weeks $ $   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  73      21  B12 175th Terrace (from Atlantic Blvd. to Collins Ave.) 52 Weeks $ $ 22  B13 North Bay Road (from 174 St. to 183 St.) 52 Weeks $ $ 23  B14 Atlantic Boulevard (from 175 Terr. to 183 St.) 52 Weeks $ $ 24  B15 177th Drive (from Church Dr. to Atlantic Blvd.) 52 Weeks $ $ 25  B16 Church Drive (from 178 Dr. to 177 Dr.) 52 Weeks $ $ 26  B17 178th Drive (from N. Bay Rd. to Collins Ave.) 52 Weeks $ $ 27  B18 178th Street (from N. Bay Rd. to Collins Avenue) 52 Weeks $ $ 28  B19 179th Drive (from N. Bay Rd. to 178 St.) 52 Weeks $ $ 29  B20 180th Drive (from N. Bay Rd. to Atlantic Blvd.) 52 Weeks $ $ 30  B21 181st Drive (from N. Bay Rd. to Atlantic Blvd.) 52 Weeks $ $ 31  B22 182nd Drive (from N. Bay Rd. to Atlantic Blvd.) 52 Weeks $ $ 32  B23 183rd Street (from N. Bay Rd. to Atlantic Blvd.) 52 Weeks $ $ 33    Daily Litter Pickup for B1 – B2 (7 Days A Week, Twice per Day) 52 Weeks $ $   34  Daily Litter Pickup for B3 – B23 (7 days A Week – Once per Day) 52 Weeks $ $ Subtotal Section “B” Lines No. 10 – 34:    $      City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  74      C. BEACH ACCESS PATHS (7 Day a Week Trash & Litter Pick-Up Only) 35  C1 Regalia (north side) 19501 Collins Avenue 52 Weeks $ $ 36  C2 Oceans I (north side) 19405 Collins Avenue 52 Weeks $ $ 37  C3 William “Bill” Lone 19101 Collins Avenue 52 Weeks $ $ 38  C4 Cecile Sippin Near 189th Street on Collins Avenue 52 Weeks $ $ 39  C5 Future location of Varadero IV 18801 Collins Avenue 52 Weeks $ $ 40  C6 Marenas (north side) 18683 Collins Avenue 52 Weeks $ $ 41  C7 Millennium (north side) 18671 Collins Avenue 52 Weeks $ $ 42  C8 Trump Beach Resort (south side) 18001 Collins Avenue combined w/ Acqualina (north side) 52 Weeks $ $ 43  C9 Walter Bresslour Near 178th Street on Collins Avenue 52 Weeks $ $ 44  C10 Pinnacle (north side) combined w/ 17555 Collins Avenue Mansions at Acqualina (south side) 52 Weeks $ $ 45  C11 Florida Ocean Club (north side) 17275 Collins Avenue 52 Weeks $ $ 46  C12 Ocean IV (south side) 17201 Collins Avenue combined w/ Muse (north side) 52 Weeks $ $ 47  C13 Jade Ocean (north side) 17121 Collins Avenue 52 Weeks $ $   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  75      48  C14 Jade on the Beach (south side) combined w/ 17001 Collins Avenue combined w/ Future location of Jade Signature (north side) 52 Weeks $ $ 49 C15 Oceania (south side) 16425 Collins Avenue 52 Weeks $ $ 50  C16 Sayan (north side) 16275 Collins Avenue 52 Weeks $ $ 51  C17 Trump Tower III (south side) 15811 Collins Avenue combined w/ Ritz Carlton Residences (north side) 52 Weeks $ $ Subtotal Section “C” Lines No. 35 – 51:      $    D. BUS SHELTER AND BENCH LOCATIONS 52  D1 (3) Extra-Large Bus Shelter location 52 Weeks $ $ 53  D2 (35) Large Bus Shelter location 52 Weeks $ $ 54  D3 (8) Small Bus Shelter location 52 Weeks $ $ Subtotal Section “D” Lines No. 52 – 54:      $    E. PARKING LOTS 55 E1 Under the William Lehman Causeway Bridge (East/West) 52 Weeks $ $ 56 E2 Under the north bound William Lehman Flyover Ramp 52 Weeks $ $ 57 E3 Ellen Wynne Parking Lot/Beach Access 52 Weeks $ $ 58 E4 Pier Park Parking Lot (including fishing pier) 52 Weeks $ $   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  76      59 E5 Bella Vista Parking Lot 52 Weeks $ $ 60 E6 Parking lot behind the Walgreens at 17534 Collins Avenue 52 Weeks $ $ 61 E7 Heritage Park Parking Garage 52 Weeks $ $ 62 E8 Gateway Park Parking Garage 52 Weeks $ $ 63  Daily Litter Pickup for E1 – E6 (7 Days A Week) 52 Weeks $ $ Subtotal Section “E” Lines No. 55 – 63:    $ F. GOVERNMENT FACILITIES 64  F1 Sunny Isles Beach Government Center 18070 Collins Avenue 52 Weeks $ $ 65  F2 Stormwater Pond at Sunny Isles Boulevard and Collins Avenue 52 Weeks $ $ 66  F3 Stormwater Pond at Sunny Isles Boulevard and North Bay Road 52 Weeks $ $ 67  F4 Stormwater Pond at Sunny Isles Boulevard on West end 52 Weeks $ $ 68  F5 Norman S. Edelcup K-8 School 52 Weeks $ $ 69  F6 Public Works Compound under Wm Lehman Causeway 52 Weeks $ $ 70  Daily Litter Pickup for F1 – F6 (7 Days A Week) 52 Weeks $ $ Subtotal Section “F” Lines No. 64 – 70:      $      City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  77      G. SEASONAL COLOR REPLACEMENT   71  G1 Seasonal Color Replacement Pentas, 4.5” pot, full; remove old plantings and fertilize with Nutricote 12,000 plants $ $ 72  G2 Seasonal Color Replacement Begonia ‘Big Series’, 4.5” pot, full; remove old plantings and fertilize with Nutricote 12,000 plants $ $ 73  G3 Seasonal Color Replacement Caladium ‘Florida Sweetheart’, 4.5” pot, full; remove old plantings & fertilize with Nutricote 12,000 plants $ $ Subtotal Section “G” Lines No. 71 – 73:    $    H. ROYAL PALM MAINTENANCE 74  H1 Merit Soil Drench for Royal Palms (Two times per year) 554 Applications $ $ 75  H2 Cygon Foliar Spray for Royal Palms (One time per year) 277 Applications $ $ Subtotal Section “H” Line No. 74 ‐ 75:    $    I. DATE PALM MAINTENANCE 76  I1 Date Palm Root/Soil Drench (3 times per year) 1248 Applications $ $ Subtotal Section “I” Line No. 76: $  TOTAL BASIC SERVICES (“Recurring Monthly”) Lines No. 1 – 76:    Written Total Basic Services:       $     City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  78      Supplemental Services (“On Demand”) Section (This Is Not Included in the Monthly Maintenance)  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 Bidders, 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 proposal unit price of the items times the number of items authorized, ordered, placed, and accepted by the City. No. Ref Item No. DESCRIPTION Est. Qty. UNIT PRICE (For One Item) Extended Total J. PLANT REPLACEMENT Shrubs & Groundcover 77 J1 Aechmea blanchetiana - Orange Bromeliad 3 gallon 25 $ $ 78 J2 Aechmea blanchetiana - Orange Bromeliads 7 gallon 25 $ $ 79 J3 Alcantarea imperialis – Imperial Bromeliad 17” Pot 25 $ $ 80 J4 Arachis glabrata - Rhizoma (Perennial) Peanut 1 gallon 200 $ $ 81 J5 Argusia gnaphalodes - Sea Lavender 3 gallon 25 $ $ 82 J6 Bromeliad Neorgelia ‘Fireball’ 1 gallon 25 $ $ 83 J7 Capparis cynophallophora - Jamaica Caper 3 gallon 50 $ $ 84  J8 Chrysobalanus icaco ‘Horizontal’ Horizontal Cocoplum 3 gallon 50 $ $ 85 J9 Chrysobalanus icaco ‘Red Tip’ - Cocoplum 3 gallons 100 $ $ 86 J10 Chrysobalanus icaco ‘Red Tip’ - Cocoplum 7 gallon 25 $ $   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  79      87 J11 Clusia guttifera - Small Leaf Clusia 3 gallon 25 $ $ 88 J12 Clusia guttifera – Small Leaf Clusia 7 gallon 200 $ $ 89 J13 Clusia guttifera – Small Leaf Clusia 15 gallon 25 $ $ 90 J14 Coccoloba uvifera – Seagrape 3 gallon 25 $ $ 91 J15 Coccoloba uvifera – Seagrape 7 gallon 25 $ $ 92 J16 Codiaeum variegatum ‘Mammey’ – Croton 3 gallon 25 $ $ 93 J17 Codiaeum variegatum ‘Petra’ – Croton 3 gallon 25 $ $ 94 J18 Conocarpus erectus - Green Buttonwood 3 gallon 100 $ $ 95 J19 Conocarpus erectus - Green Buttonwood 7 gallon 50 $ $ 96  J20 Conocarpus erectus ‘Sericeus’ Silver Buttonwood 3 gallon 100 $ $ 97  J21 Conocarpus erectus ‘Sericeus’ Silver Buttonwood 7 gallon 50 $ $ 98 J22 Cordyline fruticosa ‘Aunie Lou’ – Ti Plant 3 gallon 25 $ $ 99 J23 Cordyline fruticosa ‘Red Sister’ – Ti Plant 3 gallon 200 $ $ 100 J24 Crinum augustum ‘Queen Emma’ 7 gallon 25 $ $ 101 J25 Crinum asiaticum – Crinum Lily 7 gallons 25 $ $ 102  J26 Dianella tasmanica ‘Variegata’ Variegated Blueberry Flax Lily 1 gallon 25 $ $   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  80      103 J27 Dietes vegeta - White African Iris 3 gallon 25 $ $ 104 J28 Ernodea littoralis - Golden Beach Creeper 1 gallon 25 $ $ 105 J29 Ficus microcarpa ‘Green Island’ 3 gallon 200 $ $ 106 J30 Ficus microcarpa ‘Green Island’ 7 gallon 800 $ $ 107 J31 Ficus pumila – Creeping Fig 1 gallon 25 $ $ 108 J32 Furcraea foetida – Erect False Agave 7 gallon 25 $ $ 109 J33 Hamelia nodosa – Dwarf Firebush 3 gallon 25 $ $ 110 J34 Hamelia patens - Firebush 3 gallon 25 $ $ 111 J35 Ixora ‘Nora Grant’ 3 gallon 200 $ $ 112 J36 Ixora ‘Taiwanese’ 7 gallon 25 $ $ 113 J37 Jasminum volubile - Wax Jasmine 3 gallon 300 $ $ 114 J38 Lantana depressa ‘Gold’ – Gold Lantana 1 gallon 50 $ $ 115 J39 Liriope muscari ‘Big Blue’ – Lilyturf 1 gallon 200 $ $ 116 J40 Microsorum scolopendria – Wart Fern 3 Gal. 25 $ $ 117 J41 Monstera deliciosa - Ceriman 3 gallon 25 $ $ 118 J42 Muhlenbergia capillaris - Muhly Grass 3 gallon 100 $ $   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  81      119 J43 Myrcianthes fragrans - Simpson Stopper 3 gallon 25 $ $ 120 J44 Neomarica caerulea ‘Regina’ – Apostle’s Iris 3 gallon 25 $ $ 121 J45 Nephrolepis exaltata – Boston Fern 1 gallon 100 $ $ 122  J46 Pennistum setaceum ‘Alba’ White Fountain Grass 3 gallon 25 $ $ 123 J47 Philodendron ‘Rojo Congo’ 3 gallon 25 $ $ 124 J48 Podocarpus macrophyllus – Japanese Yew 7 gallon 50 $ $ 125 J49 Psychotria ligustrifolia – Bahama Coffee 3 gallon 25 $ $ 126 J50 Psychotria nervosa – Wild Coffee 3 gallon 25 $ $ 127 J51 Ruellia brittoniana ‘Purple Showers’ 3 gallons 50 $ $ 128 J52 Scheflerra arboricola ‘Trinette’ 3 gallon 300 $ $ 129 J53 Scheflerra arboricola ‘Trinette’ 7 gallon 100 $ $ 130 J54 Scheflerra arboricola ‘Dazzle’ 3 gallon 300 $ $ 131 J55 Scheflerra arboricola ‘Emerald Green’ 3 gallon 25 $ $ 132 J56 Serenoa repens ‘Cinerea’ - Saw Palmetto 7 gallon 25 $ $ 133 J57 Serenoa repens ‘Cinerea’ - Saw Palmetto 15 gallon 25 $ $ 134 J58 Sophora tomentosa - Necklace Pod 3 gallon 25 $ $   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  82      135 J59 Spartina bakeri – Sand Cordgrass 1 gallon 25 $ $ 136  J60 Stachytarpheta jamaicensis Native Blue Porterweed 3 gallon 25 $ $ 137 J61 Tripsacum floridanum – Florida Gamagrass 3 gallon 100 $ $ 138 J62 Tripsacum dactyloides – Fakahatchee Grass 3 gallon 100 $ $ 139 J63 Uniola paniculata – Sea Oats 1 gallon 200 $ $ 140 J64 Zamia furfuracea – Cardboard Palm 7 gallon 25 $ $ 141 J65 Zamia pumila - Coontie 7 gallon 25 $ $ Trees & Palms  142 J66 Acoelorrhaphe wrightii ‘Paurotis Palm’ 14’ ht. (7-8 trunks min 6’ c.t. min) 3 $ $ 143 J67 Bismarkia nobilis- Bismark Palm 12’ g.w. 5 $ $ 144 J68 Bulnesia arborea - Verawood 12’ ht. 5 $ $ 145 J69 Bursera simaruba - Gumbo Limbo 12’ ht. 3 $ $ 146 J70 Chamaerops humilis – European Fan Palm 3’-4’ ht. 3 $ $ 147 J71 Chrysophyllum oliviforme - Satin Leaf 6’ o.a. 3 $ $ 148 J72 Clusia guttifera - Small Leaf Clusia 10’ ht. 3 $ $ 149 J73 Clusia rosea – Pitch Apple 12’ ht. 3 $ $ 150 J74 Coccoloba diversifolia - Pigeon Plum 12’ ht. 3 $ $   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  83      151 J75 Coccoloba uvifera - Seagrape 12’ ht. 3 $ $ 152 J76 Cocos Nucifera Gr. Malayan - Coconut Palm 4’ g.w. 3 $ $ 153 J77 Cocos Nucifera ‘Gr. Malayan - Coconut Palm 8’ g.w. 3 $ $ 154 J78 Cocos Nucifera ‘Gr. Malayan’ - Coconut Palm 12’ g.w. 3 $ $ 155 J79 Cocos Nucifera ‘Gr. Malayan’ - Coconut Palm 20’ g.w. 3 $ $ 156 J80 Conocarpus erectus - Green Buttonwood 12’ ht. 5 $ $ 157  J81 Conocarpus erectus ‘Sericeus’ Silver Buttonwood 12’ ht. 5 $ $ 158 J82 Cordia sebestena - Orange Geiger 12’ ht. 4 $ $ 159 J83 Delonix regia – Royal Poinciana 16’ ht. 3 $ $ 160 J84 Ilex cassine – Dahoon Holly 10’ Ht. 3 $ $ 161 J85 Krugiodendron ferreum – Black Ironwood 12’ Ht. 3 $ $ 162 J86 Ligustrum japonicum - Japanese Privet 10’ ht., Multi-trunk 3 $ $ 163 J87 Livistona chinensis - Chinese Fan Palm 12’-14’ ht. 3 $ $ 164 J88 Lysiloma latisiliqua – Wild Tamarind 12’ ht. 3 $ $ 165 J89 Myrcianthes fragrans – Simpson Stopper 10’ ht. 3 $ $ 166 J90 Pandanus utilis - Screw Pine 10’-12’ ht., triple trunk 3 $ $ 167 J91 Phoenix dactylifera ‘Medjool’ 16’ c.t. to nut (certification required) 10 $ $ 168 J92 Phoenix dactylifera ‘Medjool’ 22’ c.t. to nut (certification required) 10 $ $   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  84      169 J93 Phoenix sylvestris – Sylvester Date Palm 14 c.t. to nut 3 $ $ 170 J94 Phoenix roebelenii - Pygmy Date Palm 6’-8’ ht., triple 5 $ $ 171 J95 Ptychosperma elegans - Alexander Palm 10’-12’ ht., double trunk 5 $ $ 172 J96 Ptychosperma elegans - Solitare Palm 20’ ht., single 5 $ $ 173 J97 Roystonea elata - Florida Royal Palm 16’ g.w. 5 $ $ 174 J98 Roystonea elata - Florida Royal Palm 8’ g.w. 5 $ $ 175 J99 Sabal palmetto - Cabbage Palm 16’-20’ ht. 10 $ $ 176 J100 Taxodium distichum - Bald Cypress 12’ ht. 5 $ $ 177 J101 Thrinax radiata - Florida Thatch Palm 4’ ht. 3 $ $ 178 J102 Thrinax radiata - Florida Thatch Palm 8’ ht. 3 $ $ 179 J103 Veitchia montgomeryana - Montgomery Palm 12’ ht., single trunk 5 $ $ 180 J104 Veitchia montgomeryana - Montgomery Palm 18’-20’ ht., triple trunk 5 $ $ 181 J105 Wodyetia bifurcata – Foxtail Palm 12’ g.w. 5 $ $ Subtotal Section “J” Lines No. 77 – 181:    $   K. MATERIALS 182  K1 Coconut Palm OTC Injection 800 Application $ $ 183  K2 Date Palm OTC Injection 416 Application $ $ 184  K3 Topsoil (70/30 Mix) Delivered and Installed 200 Cu. Yd.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  85      185  K4 Premium Gold Mulch Delivered and Installed 1,500 Cu. Yd. $ $ 186  K5 Premium Gold Mulch Delivered and Installed 100 Bags (2 cu. ft.) $ $ 187  K6 #70 Trap Sand Delivered and Installed 700 Cu. Yd. $ $ 188  K7 Atlas 3000 (or equal) Mix Delivered and Installed 100 Cu. Yd. $ $ 189  K8 Solid St. Augustine ‘Floratam’ Sod Delivered and Installed 2500 Sq. Ft. $ $ 190  K9 Solid St. Augustine ‘Floratam’ Sod Delivered and Installed 60 pallets (500 SF Each) $ $ 191  K10 Solid Bermuda ‘Tifway 419’ Turf Delivered and Installed 5 pallets (400 SF Each) $ $ 192  K11 Solid Paspalum notatum ‘Argentine’ Bahia Sod Delivered and Installed 5 pallets (400 SF Each) $ $ 193  K12 Palm Beach Cap Rock 4 Sq. Ft. $ $ Subtotal Section “K” Lines No. 182 – 193:    $   L. LABOR 194  L1 One Landscape Superintendent 100 Hours (8am – 5pm, M-F) $ $ 195  L2 One Landscape Superintendent 100 Hours (All other times) $ $ 196  L3 One Landscape Laborer 100 Hours (8am – 5pm, M-F) $ $   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  86      197  L4 One Landscape Laborer 100 Hours (All other times) $ $ 198  L5 One Irrigation Specialist 75 Hours (8am – 5pm, M-F) $ $ 199  L6 One Irrigation Specialist 50 Hours (All other times) $ $ 200  L7 One Irrigation Laborer 75 Hours (8am – 5pm, M-F) $ $ 201  L8 One Irrigation Laborer 50 Hours (All other times) $ $ Subtotal Section “L” Lines No. 194 – 201:    $   M. EQUIPMENT 202  M1 One Front End Loader with Backhoe, including an Operator (Hourly Rate) 5 Hours $ $ 203  M2 One Front End Loader with Backhoe, including an Operator (Daily Rate) 5 Days $ $ 204  M3 One 15,000 GVW (or larger) Dump Truck with an Operator (Hourly Rate) 5 Hours $ $ 205  M4 One 15,000 GVW (or larger) Dump Truck with an Operator (Daily Rate) 5 Days $ $ 206  M5 One Trailer Mounted Water Tank (500 gallon minimum) with Pump and Hose Reel (Daily Rate) 5 Days $ $ 207  M6 One Self Propelled 24” Deep by 6” Wide Trencher with an Operator (Hourly Rate) 5 Hours $ $ 208  M7 One Self Propelled 24” Deep by 6” Wide Trencher with an Operator (Daily Rate) 5 Days $ $   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  87      209  M8 Bucket Truck (equipment only) (Hourly Rate) 20 Hours $ $ 210  M9 Chipper Brush (equipment only) (Hourly Rate) 20 Hours $ $ 211  M10 Stump Grinder (equipment only) (Hourly Rate) 10 Hours $ $ 212  M11 Grapple Loader (30 cu. yd. capacity, equipment only) (Hourly Rate) 10 Hours $ $ 213  M12 Bulldozer (Including Operator) (Hourly Rate) 10 Hours $ $ 214  M13 Bulldozer (Including Operator) (Daily Rate) 5 Days $ $ Subtotal Section “M” Lines No. 202 – 214:        $   N. MISCELLANEOUS ITEMS 215  N1 Repair Ball Field Netting at Pelican Community Park & Gwen Margolis Park 100 Square Yards $ $ 216  N2 Pressure Clean Various City Facilities and sidewalks throughout the City 1 Day $ $ 217  N3 Install City-issued Banners or Flags, Including Repairing or Replacing City-issued Banner Arms, as Directed 300 Banners $ $ 218  N4 Move Lifeguard Stands (in both normal and extreme weather conditions) 20 Moves $ $ 219  N5 Remove or Cover Graffiti, as Directed 50 Hours $ $   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  88      220  N6 Bee, Wasp & Hornet nest removal 10 Removals $ $ 221  N7 Beach Litter & Debris Removal 52 Weeks $ $ 222  N8 Preventive Mosquito Control within City Rights-of-Way (excluding Collins Ave. & Sunny Isles Blvd.) 10 Hours $ $ 223  N9 Preventive Mosquito Control within City Parks and Beach 10 Hours $ $ 224  N10 Preventive Mosquito Control within Catch Basins with Altosid Briquets 100 Briquets $ $ 225  N11 Date Palm fungicide trunk drench 416 Application $ $ Subtotal Section “N” Lines No. 215 – 225: $   TOTAL SUPPLEMENTAL SERVICES (“On Demand”) Lines No. 77 – 225:      Written Total Supplemental Services:         $   GRAND TOTAL BASIC SERVICES (“Recurring Monthly”) & SUPPLEMENTAL SERVICES (“On  Demand”) Lines No. 1 – 225:      Written Grand Total of Basic Services & Supplemental Services:         $   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  89      ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: AUTHORIZED SIGNATURE: TITLE OF OFFICER: DATE:   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  90      BID SUBMITTAL FORM Bid Title: City Wide Landscaping Services   The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of Sunny Isles Beach 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. The Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, 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 Bidders 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. In submitting this Bid, the Bidder represents, as more fully set forth in the Agreement, that:  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.  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.  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 Bidders 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 Bidders or over the City. 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 Work Orders and/or Notice to Proceed.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  91      Firm Name: _____________________________________________________________________________ Street Address: _____________________________________________________________________________ Mailing Address (if different): _____________________________________________________________________________ Telephone No. _______________________________Fax No. _________________________ Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__ *“By signing this document the bidder agrees to all Terms Signature: __________________________________________________________________ (Signature of authorized agent) Print Name: _________________________ Title:_________________________________________ THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  92      SECTION 7 Proposal Format & Questionnaire 7.1 FORMAT Bidders must submit (1) original and four (4) copies of the Bid. The original Bid must contain an original signature. Be sure that the individual signing the Proposal is authorized to commit the Bidder’s organization to the Proposal as submitted. Each page of the Proposal should state the name of the Bidder, the ITB number, and the page number. The City reserves the right to request additional data or material to support Proposals. All material submitted in response to the ITB will become the property of the City. LABEL EACH SECTION AS NUMBERED The proposal must be in the following format. 1. Company Information  In response to this ITB, all Bidders must provide the following:  Name of Agency/Company (including any “Doing Business As” names)  Company Locations  Internet Web Site Address (if any)  Details of Entity Business Structure (Corporation, Partnership, LLC)  Date Founded  Home office address and telephone number, and local address and phone number  List of any outstanding litigation that would threaten the viability of the firm or the performance of this contract  Proof of Insurance  Indication of how long it would take to implement service after authorized to begin 2. Qualifications  Fully completed Questionnaire in accordance with Article 7.2.  The Contractor must demonstrate they 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 ten years experience in this type of work, including the maintenance of a wethose or similar sub-surface irrigation system.  Copies of all licenses and certifications   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  93      3. Staffing  Resumes including relevant experience and qualifications of key personnel, including key personnel of subcontractors, if any, that will be assigned to this project.  Organizational chart of entire structure that is proposed to service account.  List job description in the organization described above.  Overall employee policy and training program.  Outline of safety program. 4. Bid Form  A fully completed Bid Form in accordance with Section 6.  Any pricing conditions or contingencies must be clearly stated. 5. References Each Bidder must submit a minimum of (5) Client References Letters in accordance with Article 7.2.  Each reference must complete the Client Reference Letter  Each reference letter must be signed and dated with name of contact person, phone number and email address. The City retains the right to request any additional information pertaining to the Bidder’s ability, qualifications, and procedures used to accomplish all work under the contract as it deems necessary to ensure safe and satisfactory work. 6. Availability Indicate current and anticipated workloads and availability for other activities and include proximity or frequency to the City for service calls. Identify the extent and nature of any anticipated outside support. 7. Contract Forms All completed contract forms   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  94      7.2 QUESTIONNAIRE This Completed Form Must be submitted with the Bid. The City may, at its sole discretion, require that the Bidder submit additional information not included in the submitted form. Such information must be submitted with seven (7) Calendar Days of the City’s request. Failure to submit the form or additional information upon request by the City will result in the rejection of the Bid as Non-Responsive. Additional pages may be used following the same format and numbering. Some information may not be applicable. In such instances insert “N/A”. All questions are to be answered in full without exception. The City shall be entitled to contact every reference listed in response to this questionnaire, and each entity referenced in any response to any question in this questionnaire. The contractor, by completing this questionnaire, expressly agrees that any information concerning the contractor in possession of said entities and references may be made available to the City. Only complete and accurate information shall be provided by the Contractor. The Contractor hereby warrants that, to the best of its knowledge and belief, the responses contained herein are true, accurate, and complete. The Contractor also acknowledges that the City is relying on the truth and accuracy of the responses contained herein. If it is later discovered that any material information given in response to a question was provided by the contractor, knowing it was false, it shall constitute grounds for immediate disqualification, termination, or rescission by the City any subsequent agreement between the City and the Contractor. A. Business Information 1. How many years has your company been in business under its current name and ownership? a. Professional Licenses/Certifications (include name and number)* Issuance Date (*include active certifications of small or disadvantage business & name of certifying entity) b. Date company licensed by the State of Florida or Miami-Dade County: c. State and Date of Incorporation: d. What is your primary business? (This answer should be specific)   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  95      e. Name of licensed/certified employee(s), license/certification number, and relationship to company: f. Names of previous licensed/certified employee(s), with license/certification number during the past five (5) years including, license numbers, relationship to company and years as qualifier for the company 2. Name and Licenses of any prior companies: Name of Company License No. Issuance Date                                         3. Type of Company: Corporation “S” Corporation LLC Sole Proprietorship Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) 4. Company Ownership: a. Identify all owners of the company Name Title % of ownership                                       City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  96                       b. Is any owner identified above an owner in another company? Yes No If yes, identify the name of the owner, other company names, and % ownership           c. Identify all individuals authorized to  sign  for the  company,  indicating the  level of  their authority ( check applicable boxes and for other provide specific levels of authority)  Name Title Signatory Authority     All       Cost   No‐Cost   Other                                    Explanation for Other:      5. Employee Information Total No. of Employees: Number of Managerial/Admin. Employees: Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification)   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  97      6. Name of Certified Arborist: (provide copy of license) 7. Name of Certified Irrigation Technician: (provide copy of license) 8. Name of Certified Pest Control Operator: (provide copy of license) 9. Has any owner or employee of the company been convicted of a federal offense or moral turpitude: If yes, please explain: 10. Insurance & Bond Information  Insurance Carrier name & address: a. Insurance Contact Name, telephone, & e-mail: b. Insurance Experience Modification Rating (EMR): _ (if no EMR rating please explain why) c. Number of Insurance Claims paid out in last 5 years & value: d. Bond Carrier name & address: e. Bond Carrier Contact Name, telephone, & e-mail: f. Number of Bond Claims paid out in last 5 years & value: 11. Have any claims lawsuits been filed against your company in the past 5 years? If yes, identify all where your company has either settled or an adverse judgment has been issued against your company. Identify the year basis for the claim or judgment & settlement unless the value of the settlement is covered by a written confidentiality agreement.   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  98      12. Has your company been assessed liquidated damages or defaulted on a project in the past five (5) years? Yes No (If yes, provide an attachment that provides an explanation of the project and explanation) 13. Has your company been cited for any OSHA violations in the past five (5) years? If yes, please provide an attachment including all details on each citation. Yes No   14. Provide an attachment listing all of the equipment and vehicles owned or under lease or rental agreement, which will be used in the performance of the Work. Contractor must clearly identify which equipment and vehicles are owned versus rented or leased. Contractor must also provide the age of each piece of equipment or vehicle, and must specify whether the equipment or vehicle will be dedicated for use solely on the City’s Landscape Maintenance Work. During the Bid evaluation process the City may request copies of rented or leased equipment. The Equipment and Vehicles form in Section 7.3 has been provided to aid Bidders in submitting the requested information. B. Project Management & Subcontract Details 1. Program Manager for this Contract: a. Name: b. Years with Company: c. Licenses/Certifications: d. Last 3 projects with the company including role, scope of work, & value of project:   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  99      2. Field Supervisor for this Project: a. Name: b. Years with Company: c. Licenses/Certifications: d. Last 3 projects with the company including role, scope of work, & value of project: 3. Subcontractors: (See Contract restrictions on Subcontracting) Name Trade/Work to % of Work License No. be performed C. Disposal Site(s) 1. Will your company be disposing of cuttings and debris at a Miami Dade County Site? Yes/No (circle one). If yes, provide a copy of all applicable Landscape Permits. 2. If your company is using alternate disposal sites provide the following information for a maximum of two alternate sites: a. Name of Company: Address: Contact Person: Phone Number:   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  100      E-Mail Address: License Number: License Issued By: Miami-Dade County State of Florida (Circle one) b. Name of Company: Address: Contact Person: Phone Number: E-Mail Address: License Number: License Issued By: Miami-Dade County State of Florida (Circle one) D. Current and Prior Experience: 1. Current Experience including current projects or contracts, recently awarded, or pending award. Provide an attachment to this questionnaire that lists all such contracts or projects, including the owner’s name, title and value of project, scope of work, projected or actual start date, projected completion date. 2. Prior contracts or projects of a similar size, scope, and complexity: Provide an attachment to this Questionnaire that includes contracts or projects the Bidder considers of a similar, size, scope and complexity that the City should consider in determining the Bidders responsiveness and responsibility. This attachment must include the contracts or projects that meet the minimum number of contracts or projects identified by the bid solicitation. Information provided must include the owner’s name, address and contact person, including telephone & e-mail, title of contract or project, location of project, scope, initial value and final cost of the contract or project, projected and final timeframes for completion in calendar days. A reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. E. Bidder’s References Bidders are to include a minimum of five (5) references from contracts or projects listed in D2. above. The attached form is to be used and is to be included with the Bid submission. The City, at its sole discretion may allow the Bidder to submit the references after the specified date for Bid submission. F. Proposed Maintenance Plan Provide an attachment to this questionnaire specifically describing the proposed maintenance plan of action for the Work to be offered for the Landscape Maintenance Services Bid, ITB 17-05-01. How many crews of what size and makeup will be used to perform the work? How many days per week and how many hours per week will be allotted to accomplish the work? Will you adjust   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  101      staff seasonally, and, if so, how will you do so in order to meet demands of the Performance Standards & Technical Specifications? Contractor shall closely evaluate the City’s minimum manpower requirements defined in the Performance Standards and make recommendation if minimum specified manpower is sufficient and, if not, how many personnel do they recommend. The Contractor’s recommendation will be taken into consideration in Bid evaluation. G. Financial Status 1. Attach a professionally prepared financial statement with the City’s ability to audit upon request, including Contractor’s latest balance sheet and income statement showing the following items: a. Current assets, i.e. cash, joint venture account, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses. b. Net fixed assets. c. Other assets. d. Current liabilities, i.e. accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes, e. Other liabilities, i.e., capital, capital stock, authorized and outstanding shares per values, earned surplus, and retained earnings, and f. Name of firm preparing financial statement and date thereof 2. Bankruptcies: a. Has the Contractor, or any of its parents or subsidiaries, ever had a Bankruptcy Petition filed in its name, voluntarily or involuntarily? (If yes, specify date, circumstances, and resolution). b. Has any Majority Shareholder ever had a Bankruptcy Petition filed in his/her name, voluntarily or involuntarily? (If yes, specify date, circumstances, and resolution). c. Loans: Is this Contractor in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? (If yes, specify details, circumstances, and prospects for resolution).   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  102      H. Declaration I declare under penalty of perjury that the foregoing information is true and correct. Executed on (date) Authorized representative (print): Authorized representative (signature):   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  103      7.3 EQUIPMENT AND VEHICLES   *Note: This form is to be used for question A14 of the Questionnaire. Print as many as are required.   Vehicle/Equipment Manufacturer Vehicle/Equipment  Age (Years)  Rented/Owned Dedicated Solely  to City’s Work     ☐Rented/Leased  ☐Owned  ☐    ☐Rented/Leased  ☐Owned  ☐    ☐Rented/Leased  ☐Owned  ☐    ☐Rented/Leased  ☐Owned  ☐    ☐Rented/Leased  ☐Owned  ☐    ☐Rented/Leased  ☐Owned  ☐    ☐Rented/Leased  ☐Owned  ☐    ☐Rented/Leased  ☐Owned  ☐    ☐Rented/Leased  ☐Owned  ☐    ☐Rented/Leased  ☐Owned  ☐   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  104      CLIENT REFERENCE LETTER To Whom It May Concern, Subject: Reference Letter for Landscape Maintenance Services, ITB 17-05-01 Name of Bidder: The above referenced contractor is submitting on a bid solicitation that has been issued by the City. We require that the Bidder provide written references with their Bid submission. By providing you with this document the contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested as well as any other information you feel that is pertinent: Name of Public Entity: Name of Project: Scope of Work: Initial Value of Contract: $ Is contract active? Yes No Was the work performed timely: Yes No Was the work performed to acceptable quality standards? Yes No Were the number of RFI’s submitted reasonable for the scope of the project? Yes No Would you enter into a contract with the Contractor in the future? Yes No If no to any of the above, please provide details. Provide any other comment you feel appropriate. Name of Owner: Name of person completing this form: Signature: Title: Date: Telephone: Email: Sincerely, Genesis Cuevas, MPA Purchasing Agent   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  105      EXHIBITS   38 C t 194 Trl 39 A v e 39 C t 194 Trl 194 Ln 40 A v e 40 C t SR 856/Wm Lehman Cswy. 191 Terr. 191 St. 190 St. 189 Terr. 189 ST No r t h B a y R d . At l a n t i c B l v d . SR A 1 A / C O L L I N S A V E N U E 188 ST 187 St. 186 St. 185 St. 183 St. HERITAGE PARK GOLDEN SHORES PARK A6 C2 C1 E3 C3 E1 A5 B3 E2 C4 C6 C7 B23 B22 B13 F6 C5 B1 B14 E7 E1 B1 F6 At l a n t i c O c e a n In t r a c o a s t a l W a t e r w a y F9 Parks Right of Way Beach Access Paths Bus Shelter Locations City of Sunny Isles Beach Landscape Maintenance Services Area Map - North A B C Parking Lot Government Facility Restrooms E F LEGEND Exhibit 'A' - North Match Line 'A' (Refer to Exhibit 'D') ITB #17-04-01 Match Line 'A' No r t h B a y R d . 1 8 2 D r . 1 8 1 D r . At l a n t i c B l v d . 1 8 0 D r . 1 7 9 D r . 178 St. 178 D r . At l a n t i c B l v d . 177 D r . C h u r c h D r . 174 S t . 175 Terr. 172 St. N. B a y R d . N. B a y R d . SR A 1 A / C O L L I N S A V E N U E PELICAN COMMUNITY PARK GWEN MARGOLIS PARK SAMSON OCEANFRONT PARK TOWN CENTER PARK B22 B13 B21 F6A4 B20 B19 B14 B15 A1 C8 F1 C9 B14 B16 B17 B13 B4 C10 B12 A3 A2 B11 B10 C11 C12 C13 C14 E6 B1 B14 B13 B18 B18 B14 B11 B4 F6 At l a n t i c O c e a n In t r a c o a s t a l W a t e r w a y Parks Right of Way Beach Access Paths Bus Shelters City of Sunny Isles Beach Landscape Maintenance Services Area Map - Central A B C Parking Lot Government Facility Restrooms E F LEGEND Exhibit 'B' - Central Match Line 'B' Match Line 'A' (Refer to Exhibit 'D') Match Line 'B' Match Line 'A' ITB #17-04-01 N. B a y R d . (SR 826) SUNNY Isles Blvd. (West Bound) Atlantic Isle Poinciana Dr. 159 St./Kings Point Dr. (SR 826) SUNNY Isles Blvd. (East Bound) Atlantic I s l e Atl a n t i c A v e . 158 St. / Bayview Dr. N. B a y R d . SR A 1 A / C O L L I N S A V E N U E GATEWAY PARK PIER PARK OCEANIA PARK INTRACOASTAL PARK INTRACOASTAL PARK C14 E5 F4 F3 B8 B2 E8 A6 F2 D2 A8 B9 B6 A9 A9 B5 C17 E4 C15 C16 E4 B1 B1 B10 B2 At l a n t i c O c e a n B7 B2 B8 In t r a c o a s t a l Wa t e r w a y Parks Right of Way Beach Access Paths Bus Shelters City of Sunny Isles Beach Landscape Maintenance Services Area Map - South A B C Parking Lot Government Facility Restrooms E F LEGEND Exhibit 'C' - South Match Line 'B' (Refer to Exhibit 'D') Match Line 'B' ITB #17-05-01 !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!(!( !(!( !(!( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !A1A BAYVIEW DR CO L L I N S A V E POINCIANA D R 170 ST WILLIAMLEHMANCAUSEWAY AT L A N T I C B L V D !826 10A 25A 10B 41A 174 ST NO R T H B A Y R D 189 ST 172 ST 191 ST 192 ST 190 ST 178 D R 188 ST 178 ST 189 TER 187 ST 191 TER 186 ST 18 0 D R 183 ST 18 1 D R AT L A N T I C B L V D 177 D R 17 9 D R 194 TRL 18 2 D R 4 0 C T ATLANTIC AVE 38 C T 39 A V 194 LN SUNNY ISLES BLVD (167 ST) KINGS POINT DR 175 TER 195 ST NO R T H B A Y R D N O R T H B A Y R D NO R T H B A Y R D 9 8 7 6 5 4 3 2 44 43 42 40 39 38 37 36 3534 33 3130 2928 2726 25 24 23 21 20 19 18 17 16 15 14 11 10 41 32 22 12City of Sunny Isles Beach Bus Shelter Locations ² 0 0.2 0.4 Miles Bus Shelters Shelter Size !(EXTRA LARGE !(LARGE !(SMALL Date: 03-27-2017 Map: PW001B www.sibfl.net   City of Sunny Isles Beach | Invitation to Bid No. 17‐05‐01  110      AFFIDAVITS 1 of 10 NON-COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA ) ) COUNTY OF _____________) The undersigned being first duly sworn as provided by law, deposes, and says: 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. 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.) Neither the undersigned nor any person, firm, or corporation named above 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. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above has not colluded, conspired, connived or agreed directly or indirectly with any proposers 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 Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. ___________________________________ ___________________________________ AFFIANT’S NAME AFFI ANT’S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 2017. Personally Known ________ or Produced Identification ________; Type of identification ___________________________________ (Affix seal here) ___________________________________ NOTARY PUBLIC (name printed or typed) 2 of 10 PUBLIC ENTITY CRIMES City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 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, 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 Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to 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:_________________________________.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida 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. 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 3 of 10 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. 5.I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 6.Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) ____ 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 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 ________________________________ 4 of 10 EQUAL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 EQUAL OPPORTUNITY/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: ________________________________________ ________________________________________ 5 of 10 C O N F L I C T O F I N T E R E S T City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles each, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers 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 its agencies. STATE OF FLORIDA COUNTY OF ________________________ BEFORE ME, the undersigned authority, personally appeared __________________________________________ , who was duly sworn, deposes, and states: 18.1. I am the _________________________ of __________________________________________ with a local office in ______________________________________________________________________ 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 _________________________________________________________. 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 __________________________________, 20____. ____________________________________________ ____________________________________ AFFIANT Print or Type Name and Title Sworn to and subscribed before me this __________ day of ______________________________, 20____.  Personally Known, OR  Produced Identification - Type of Identification ____________________________________________ NOTARY PUBLIC STATE OF FLORIDA _______________________________________________________ 6 of 10 DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 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. 1.Has your 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 __________ 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 __________ 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. ________________________________________ ______________________________________ Firm Date ________________________________________ _______________________________________ Authorized Signature Print or Type Name and Title 7 of 10 ANTI-KICKBACK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 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 _____ day of __________________, 20____, by _________________________________________ [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 ________________________________ 8 of 10 BID BOND City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA ) ) COUNTY OF ____________) KNOW ALL MEN BY THESE PRESENTS, that we,_______________________________ as Principal, and _______________________________________________________, as Surety, are held and firmly bound unto the City of Sunny Isles Beach, a municipal corporation of the State of Florida in the sum of _______________________________ Dollars ($ __________), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated, ______________2017 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 Proposers 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 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. 9 OF 10 PERFORMANCE BOND City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 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, awarded the day of , 20 , with 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: 1.Fully performs the Contract between the Contractor and the City for services described within (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 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 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: 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 there under, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete the Contract in accordance with its terms and conditions; or 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 Proposers, or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest, qualified, responsible and responsive Proposers, arrange for a Contract between such Proposers 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. 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. 10 of 10 The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 . WITNESS: BY: (Name of Corporation) _________________________ Secretary (Signature) (CORPORATE SEAL) (Type Name and Title Signed Above) IN THE PRESENCE OF; INSURANCE COMPANY: BY: *Agent and Attorney-in-Fact *(Power of Attorney must be attached) (Address) ______________________________ (City/State/Zip Code) ______________________________ (Telephone) STATE OF FLORIDA COUNTY OF _________________________ The foregoing instrument was acknowledged before me this _____ day of __________________, 20____, by _________________________________________________________ [name of person], as __________________________________ [type of authority], for ________________________________ [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: ______________________________________ Signature: Notary Public – State of Florida ______________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________