HomeMy WebLinkAboutR-2005-119 Garden of Love Grounds Maintenance RESOLUTION NO. 2005-119
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AWARDING
A CONTRACT FOR GROUNDS MAINTENANCE TO GARDEN OF LOVE
NURSERY OF SOUTH FLORIDA, INC.; AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE THE CONTRACT WITH GARDEN, OF LOVE
NURSERY OF SOUTH FLORIDA, INC.; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a Request for Proposals ("RFP") for Grounds and Right-Of-Way
Maintenance Services was advertised by the City and responses were received on June 23, 2005;
and
WHEREAS, the City Manager has determined, after review of the bids received, that
such work can be obtained at the least cost to the City by awarding the contract to Garden Of
Love Nursery Of South Florida, Inc., a Florida corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That a contract with Garden Of Love Nursery Of South Florida, Inc., in
substantial form as Exhibit "A", attached, and related RFP documents incorporated into it, are
approved and the appropriate City officials are authorized to execute the contract in the amount
of$183,736.00.
Section 2. That the City Manager is authorized to pay Garden Of Love Nursery Of South
Florida, Inc. amounts for services as listed in the bid documents on an as-needed basis.
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to such contract as are deemed necessary and proper for the best interests of the City.
Such contract and the award of the contract shall not be deemed accepted by the City unless and
until the City has completed its execution of the contract.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on August 2/3,`2005.
1..(/y....c. >
ANNE CASTRO
MAYOR— COMMISSIONER
ATTEST: ROLL CALL:
j COMMISSIONER ANTON - YES
fl�U COMMISSIONER BERTINO - YES
LOUISE STILSON COMMISSIONER MCELYEA - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: i
MV
THOMA . A&§BRO
CITY ATTORNEY
•
2 RESOLUTION #2005-1 19
Exhibit "A"
AGREEMENT
IJ.
THIS IS AN AGREEMENT ("Agreement"), dated , 2005 between: THE CITY
OF DANIA BEACH ("City"), a Florida municipal corporation, a business location at 100
WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA 33004, and GARDEN
OF LOVE NURSERY OF SOUTH FLORIDA, INC. ("Contractor"), a Florida corporation with
its principal place of business located at 2601 SW 31S` STREET, DANIA BEACH, FLORIDA
33312.
In consideration ofrthe mutual terms, conditions, promises, covenants and payments set
forth in this Agreement, the sufficiency and receipt of which are acknowledged, City and
Contractor agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement,
and to generally express the objectives and intentions of the parties, the following statements,
representations and explanations are the predicates for the undertakings and commitments
included within the provisions which follow, and may be relied upon by the parties as essential
elements of the mutual considerations upon which this Agreement is based.
0 1.1 The Contractor, for the consideration fully set out below, shall furnish all the
materials, equipment and labor to perform all work requested by the City, all in full and complete
accordance with the City's Invitation to Bid and Contractor's response to it, which document is
attached and a made part of this Agreement.
1.2 The City advertised its notice to bidders of the City's desire to have the Project
completed, pursuant to the bid entitled:
INVITATION TO BID
GROUNDS AND RIGHT-OF-WAY MAINTENANCE SERVICES
1.3 On August 23 , 2005, the City awarded the bid to Contractor and
authorized the proper City officials to enter into this Agreement with Contractor.
ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 Contractor agrees to do everything required by this Agreement and to comply
with any and all other provisions in the documents and items incorporated by reference into this
Agreement. Contractor also agrees to perform all clean-up and bear the expense of any off-site
disposal, which is or may be necessitated by its work.
2.2 Contractor agrees that all work performed under this Agreement shall be done
• in a professional manner and that Contractor's efforts will produce a quality result.
2.3 Contractor represents to City, with full knowledge that City is relying upon
these representations when entering into this Agreement with Contractor, that Contractor has the
expertise, experience and work force sufficient to timely perform the services to be provided by
Contractor pursuant to the terms of this Agreement.
2.4 Contractor represents to City that Contractor is properly licensed by all
applicable federal, state and local agencies to provide the services specified under this
Agreement. If any of the Contractor's licenses are revoked, suspended or terminated for any
reason by any governmental agency, Contractor shall notify the City immediately.
2.5 Contractor agrees to conduct all work and services under this Agreement in
accordance with all applicable federal, state and local laws and regulations. Contractor will
identify all governmental authorities and agencies having jurisdiction to approve work and
Contractor agrees to obtain all, permits and approvals from any and all such governmental
authorities which have jurisdiction. If permitted by the permitting agency, and if City can realize
a cost savings by such action, City may authorize the Contractor to seek required permits on
behalf of and in the name of City as its Contractor; provided, however, that Contractor agrees to
fully indemnify and hold harmless the City in all respects as a result of the obtaining of any and
all such permits and approvals. Without limiting the foregoing, City agrees to reimburse
Contractor, upon City's receipt of adequate proof that Contractor has paid same, the amounts of
all permit fees incurred by Contractor in connection with the applications, processing and
securing of approvals or permits which are required to be obtained from all governmental
authorities which have jurisdiction over any and all aspects of this work, except City permits and
fees which shall be waived and except for so much of any fees as to which the City is required to
remit to other governmental agencies.
2.6 City's Public Services Director (the "Director"), or his designated
representative, will be the person through whom Contractor must communicate all information
pertaining to the Agreement.
2.7 Contractor shall guarantee all work against poor workmanship for a period of
one year and shall immediately correct any defects which may appear upon written notification
by the City's Director or his designated representative. Defective materials shall be warranted to
the extent of the manufacturer's applicable warranty.
ARTICLE 3
TERMS AND CONDITIONS
3.1 Contractor shall begin to perform the work as and when so directed by the
Director.
3.2 This Agreement may be terminated by City if Contractor fails to perform the
work to City's sole and reasonable approval, after City sends written notice of any deficiency to
Contractor and Contractor does not cure such deficiency within five (5) days from the date of
such notice. In such event, the Contractor shall be paid compensation for completed work
accepted by the Director, if such work meets City's sole and reasonable approval, which
approval will not be unreasonably withheld. In the event that the Contractor abandons work
specified in this Agreement or causes it to be terminated, Contractor shall indemnify the City
against any loss pertaining to its abandonment up to a maximum of the amount to be paid under
this Agreement. All finished or unfinished materials, documents and reports prepared by
Contractor shall become the property of City and shall be delivered by Contractor to City before
payment, if any, is made to Contractor by City.
ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT
4.1 Contractor shall be compensated as specified in the Invitation to Bids.
• 4.2 Payment will be made to Contractor at:
Garden of Love Nursery of South Florida, Inc.
2601 SW 3 1" Street
Dania Beach, FL 33312
4.3 The acceptance of work shall constitute a waiver of.all claims by the City
except for any or all claims arising from the guarantee in this Agreement and the Invitation to
Bid, unsettled liens, lawsuits, deficiencies or faulty work appearing within one(1) year after final
payment for such work. The acceptance of payment shall constitute a waiver of all claims against
City by the Contractor.
4.4 Contractor shall, before any final payment is made by City, provide City copies
of releases of all liens from any and all subcontractors, materials' providers and the like, who or
which supplied or furnished any labor, services or materials that were used in the Work.
Contractor shall then furnish the City a"No Lien Affidavit". Final payment shall be made upon
submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills
and other costs incurred by the Contractor in connection with the work, have been paid in full,
and after all guarantees and specifications for products, materials or both incorporated into the
Work that appear in this Agreement and as otherwise set forth in the Invitation to Bid have been
furnished to and found acceptable by the City.
•
ARTICLE 5
CHANGES IN SCOPE OF WORK
City or Contractor may request changes that increase, decrease or otherwise modify the
work, as described in this Agreement. These changes may affect the compensation specified
above and, if so, they must be described in a written amendment, executed by the authorized
agents of both of the parties, prior to any deviation from the terms of this Agreement. In no event
will Contractor deviate or permit deviation from the work described in this Agreement without
City's advance written consent.
ARTICLE 6
PROTECTION OF CITY'S PROPERTY
At all times during the performance of this Agreement, the Contractor shall protect the
City's property and the property of others from all damage whatsoever on account of
Contractor's performance of work.
ARTICLE 7
INDEMNIFICATION
7.1 Contractor shall indemnify and hold harmless City and the City's officers, employees
and agents as specified in the Invitation to Bid.
7.2 The Contractor agrees to release the City from and against any and all liability
and responsibility in connection with the work. If Contractor exposes City to liability for any
reason arising out of the work, Contractor's compensation may be withheld until City can
determine the extent of City's exposure and City retains the right to offset any amounts related to
such matters against Contractor's compensation, if any. City will notify Contractor in writing
when it determines Contractor may have exposed City to any liability and City will provide a
reasonably ascertainable date by which resolution of the exposure, offset or both will be
determined.
ARTICLE 8
INSURANCE
8.1 The Contractor shall not commence work under this Agreement until Contractor
has obtained all insurance required by the City Risk Manager, as specified in the Invitation to
Bid and coverages and insurance have been approved by the Risk Manager of the City. The
Contractor shall not allow any subcontractor to commence work on any subcontract until the
subcontractor, as provided in section 13.3, below, and all coverages required of any
subcontractor, have been approved by City. In addition, Contractor shall be responsible for any
policy deductibles and self-insured retentions.
8.2 Contractor shall file Certificates of Insurance with the City, reflecting evidence
O of the coverages. They shall be filed with the City Risk Manager within ten (10) days of the date
first above written. These Certificates shall contain a provision that coverages afforded under
these policies will not be canceled until at least thirty (30) days' prior written notice has been
given to the City. Policies for coverages shall be issued by companies authorized to do business
under the laws of the State of Florida and any such companies' financial ratings must be no less
than "A" in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best
Guide.
8.3 Coverages shall be in force until all work required to be performed under the
terms of this Agreement is satisfactorily completed as evidenced by the formal acceptance by the
City. In the event insurance certificates provided to City indicate that the insurance shall
terminate and lapse during the period of this Agreement, then in that event, the Contractor shall
furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed
certificate of insurance as proof that equal and like coverages for the balance of the period of the
Agreement and any extension of it is in effect. THE CONTRACTOR SHALL NOT PERFORM
OR CONTINUE TO WORK PURSUANT TO THIS AGREEMENT UNLESS ALL
COVERAGES REMAIN IN FULL FORCE AND EFFECT, SUCH DELAY BEING SUBJECT
TO ANY APPLICABLE PROVISIONS DESCRIBED IN THIS AGREEMENT,
8.4 The Contractor shall hold the City, its agents and employees, harmless on account
of claims for damages to persons, property or premises arising out of the operations to complete
any work. The City reserves the right to require Contractor to provide and pay for any other
insurance coverage City deems necessary depending upon the possible exposure to liability.
ARTICLE 9
INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the parties.
Contractor agrees that it is not the City's employee for any purposes, including but not limited to,
the application of the Fair Labor Standards Act, minimum wages' laws and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax
Act, the provisions of the Internal Revenue Code, the Florida Workers' Compensation Act, and
the Florida unemployment insurance law. The Contractor shall retain sole and absolute
discretion and exercise its judgment as to the manner and means of carrying out Contractor's
activities and responsibilities toward completion of work. Administrative procedures applicable
to services rendered under this Agreement shall be those of Contractor, which policies of
Contractor shall not conflict with City, H.U.D., or United States policies, rules or regulations
relating to the use of Contractor's funds provided for in this Agreement. The Contractor agrees
that it is a separate and independent enterprise from the City, that it has full opportunity to find
other business, that it has made its own investment in its business, and that it will utilize a high
level of skill necessary to perform the work. This Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will not be
liable for any obligation incurred by Contractor, including but not limited to unpaid minimum
wages, overtime premiums or both.
O ARTICLE 10
DEFAULT OF AGREEMENT AND REMEDIES
10.1 Remedies in Default. In case of any default by Contractor, the City, through
City's Director or his designated representative, shall notify the Contractor, in writing, of such
default and direct Contractor to comply with all provisions of the Agreement. If Contractor does
not timely cure such default of the date after notice was sent by City, City may declare a default
of this Agreement and may notify the Contractor of such declaration of default in writing and
terminate the Agreement.
ARTICLE 11
BANKRUPTCY
It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily,
then this Agreement shall terminate effective on the date and at the time the bankruptcy petition
is filed and Contractor will automatically be in default of this Agreement and the provisions of
Article 10 will be enforced at City's discretion.
ARTICLE 12
DISPUTE RESOLUTION
O 12.1 Venue; Fees. All claims, counterclaims, disputes and other matters in question
between City and Contractor arising out of, relating to or pertaining to this Agreement, or the
breach of it, or the services of it, or the standard of performance required in it, shall be addressed
by resort to non-binding mediation as authorized under the laws and rules of Florida; provided,
however, that in the event of any dispute between the parties, the parties agree to first negotiate
with each other for a resolution of the matter or matters in dispute and, upon failure of such
negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is
unsuccessful, any such matter may be determined by litigation in a court of competent
jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of
Florida and appropriate appellate courts for such venue and jurisdiction. In any litigation, the
parties agree to each waive any trial by jury of any and all issues. In the event of any litigation
which arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard
of performance required in it, the prevailing party shall be entitled to recover reasonable
attorneys' fees from the non-prevailing party.
12.2 Operations During Dispute.
12.2.1 In the event that a dispute, if any, arises between the City and the
Contractor relating to this Agreement, or its performance or compensation, the Contractor agrees
to continue to render service in full compliance with all terms and conditions of this Agreement
as required by the City.
• 12.2.2 Notwithstanding any other provisions in this Agreement, whellever
any service provided by the Contractor fails to meet City's reasonable approval, the City will
have the right to terminate the Agreement five (5) days after the date when the written notice was
sent by City of the deficiency, if Contractor has not cured such deficiency within that time.
• ARTICLE 13
MISCELLANEOUS
13.1 Legal Representation. It is acknowledged that each party to this Agreement had
the opportunity to be represented by counsel in the preparation of this Agreement. Further, the
rule that a contract shall be interpreted strictly against the party preparing same shall not apply to
this Agreement due to the joint contributions to it of both parties.
13.2 Records. Contractor shall keep such records and accounts and require any and
all subcontractors to keep records and accounts as may be necessary in order to record complete,
and correct entries as to personnel hours charged to the work, and any expenses for which
Contractor may attempt to claim reimbursement. Such books and records will be available at all
reasonable times for examination and audit by City and shall be kept for a period of three (3)
years after the completion of all work to be performed pursuant to this Agreement. Incomplete
or incorrect entries in such books and records will be grounds for disallowance by City of any
fees or expenses based upon such entries.
13.3 Assignments, Subcontracts and Amendments. This Agreement, and any
interests in it, shall not in whole or in part be assigned, subcontracted, transferred in any way or
otherwise encumbered, under any circumstances, by Contractor without the prior written consent
of City. For purposes of this Agreement, any change of ownership of or controlling interest in
Contractor shall constitute an assignment which requires City approval. Violation of the terms
. of this paragraph shall constitute a breach of this Agreement by Contractor and City may, in its
discretion, cancel this Agreement and all rights of Contractor under this Agreement will
terminate.
It is further agreed that no modification, amendment or alteration of the terms or
conditions contained in this Agreement shall be effective unless contained in a written document
executed by the authorized agents of the parties.
13.4 No Contingent Fees. Contractor warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the Contractor to solicit
or secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for Contractor
any fee, commission, percentage, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of this provision, the City
shall have the right to terminate the Agreement without liability and, in its discretion, to deduct
from the Agreement price, or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
13.5 Notice. Whenever any party desires to give notice to the other party, it must be
given by written notice, sent by certified United States mail, with return receipt requested,
addressed to the party for whom it is intended. The places for giving of notice shall remain as set
forth below until they shall have been changed by written notice in compliance with the
provisions of this section. For the present, the Contractor and the City designate the following as
• the respective persons and places for giving of notice:
City: Dominic Orlando, Public Services Director
• City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Copies to: Ivan Pato, City Manager and
Thomas J. Ansbro, Esq., City Attorney
100 West Dania Beach Blvd.
Dania Beach, FL 33004
Contractor: Garden of Love Nursery of South Florida, Inc.
2601 SW 31 S` Street
Dania Beach, FL 33312
13.6 Binding Authority. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and is authorized to bind and obligate such
party with respect to all provisions contained in this Agreement.
13.7 Headings. Headings in this Agreement are for the convenience of reference
only and shall not be considered in any interpretation of this Agreement.
13.8 The Invitation to Bid and its provisions referred to in this Agreement form an
• essential part of this Agreement, are treated as a part of this Agreement and are incorporated into
it by this reference.
13.9 Severability. If any provision of this Agreement or application of it to any
person or situation shall to any extent be held invalid or unenforceable, the remainder of this
Agreement, 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, and shall continue
in full force and effect, and shall be enforced to the fullest extent permitted by law.
13.10 Governing Law. This Agreement shall be governed by the laws of the State of
Florida with venue lying in Broward County, Florida.
13.11 Extent of Agreement. This Agreement represents the entire and integrated
Agreement between the City and the Contractor and supersedes all prior negotiations,
representations or agreements, either written or oral.
14.12 Waiver. Failure of the City to insist upon strict performance of any provision or
condition of this Agreement, or to enforce any right contained in it, shall not be construed as a
waiver or relinquishment for the future of any such provision, condition or right, but the same
shall remain in full force and effect.
14.13 Conflict. In the event there is a conflict between any of the terms in any of the
documents contained in any Exhibit to this Agreement and any terms of this Agreement, the
terms of this Agreement shall prevail.
IN WITNESS OF THE,FOREGOING, the parties have set their hands and seals the day and
year first written above.
CITY:
CITY OF DANIA BEACH,
a Florida municipal corporation
ATTEST: 1
J,
LOUISE STILSON, CITY CLERK ANNE CASTRO, MAYOR
APPROVED FO FOR' 4 A -_.....,
ND CORRECTNESS:
�,A IVAN PATO,CITY MANAGER
BY:
THOMAS J:A S k RO, CITY ATTORNEY
CONTRACTOR:
Garden of Love Nursery of South Florida,Inc.,
a Florida corporation
ATTEST: ,
'J
B y:
l li� ;` = SIGNAYURE
• SIGNATUREI `
PRINT NAME
PRINT NAM
TITLE
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE,.MF, ON `�'= �'r �� , 2005, personally appeared
andl]L-!�'' 1f1n as :r-� .c «":- `and �GF %�c..= Garden of Love
Nursery of South Florida, Inc., a Florida corporation and the/they acknowledged execution of the
foregoing Agreement for the use and purposes mentioned in it and that the instrument is the ct a d deed
of the Contractor. Such person(s)s -s/are known to me `-rco
P � ) � produced
as identification)
1�
Notary Public, State of Florida at Large
My Commission Expires:
MIRIAM NASSER
Notary Public, State of Florida
• MY Comm. exp. July 9, 2007
omm. No. DD 230214
- CITY OF DANIA BEACH
Agenda Item#
- " -A.
of Agenda Request Form
Date of Commission Meeting: August 9 2005
Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid/RFP ® Presentation ❑ Continued from:
Requested Action ( P!ity,appropriate Actson or Motion)
._•
Award contract for Grounds and Right-of-Way Maintenace Contract
Why Action is Necessary A
Current contract expires end of fiscal year
ry
What Acfion Accompiishesg
aintains system of Grounds Maintenance
Purchasing Requests ONLY F
Dept: 4101 Public Services Streets Acct#: Amt: $178,736.00
Fund: General: ® Water: ® Sewer: ❑X Stormwater: ❑ Grants: ❑ Capital: ❑
Summary Explanation/Background a
k
fiscal Impact/Cost Summary p x
•
Exhibits Attached
�..,,_ ,�. ,.< ,�,.a.� ,x, .,... .... � '; . �ter- .� ,,,�` �._ •-
Memo
Bid Tabulation form
Bid Documents/Contract
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
Authorized Signatures ' s
Submitted by
CA- 1, 1� i`• — Date
Department Director
Date C,
HR Director
Date
Finance Director
Date
City Attorney
Date
City Manager
Date
City- Ierk,Use
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑
u City of Dania Beach
Department of Public Services
100 West Dania Beach Blvd• Dania Beach,FL 33004 (954)924-3741 (954)-923-1109(fax)
MEMORANDUM
To: Mayor Anne Castro
Vice Mayor Pat Flury
Commissioner Robert Anton
Commissioner John Bertino
Commissioner C.K. McElyea
FROM: Ivan Pato, City Manager
VIA: Dominic Orlando,P.E. Director of Public Services
BY: Leo Williams, Public Works Superintendent
Date: August 1, 2005
Staff is recommending the awarding of a new contract to Garden of Love Nursery of South Florida,
Inc., for "Grounds and Right-Of-Way Maintenance Services" as outlined in "The City of Dania Beach
Invitation to Bid # DANIA BEACH PW05-01" for fiscal years 2005-2006 and 2006-2007. This
contractor has been our contractor for the last four years and has turned in the lowest bid
($183,736.00) this time that is over $41,000.00 lower then the second lowest bidder. The other two
bidders were over $75,000.00 and $313,000.00 higher respectively. Staff can find no reason to expend
the higher amounts required to go to a different contractor. Low bid contingency reduced $5000.00 by
Finance Department due to budgetary constrains.
BID TABULATION FORM
BID OPENING DATE: June 23, 2005 TIME: 3:30 PM
PROJECT NAME: GROUNDS AND RIGHT-OF-WAY MAINTENANCE SERVICES
PRESENT AT BID OPENING: (SIGN-IN SHEET MAY BE ATTACHED
THE FOLLOWING BIDS WERE OPENED BY:
NANCI DENNY
LEO WILLIAMS
NO. VENDOR BOND BASE BID
1 TROPICAL HOMES & GARDENS YES $225,000.00
P.R.I.T. YES S497,424.25
2
3
GARDEN OF LOVE YES $183,736.00
4 SUPERIOR LANDSCAPING YES $259,048.50
05
6
7
8
9
10
I1
AFTER THE BID OPENING, THE BIDS WERE TURNED OVER TO THE FOLLOWING BID
COMMITTEE MEMBERS FOR FURTHER REVIEW AND TABULATION:
LEO WILLIAMS
CITY OF DANIA BEACH
INVITATION TO BID—GROUNDS AND
RIGHT-OF-WAY MAINTENANCE SERVICES
SECTION 1. INTRODUCTION AND INFORMATION
1.1 SCOPE
1.1.1 The City of Dania Beach,referred to as the "City", is actively seeking bids from
qualified contractors, referred to as the "Contractor", in accordance with the terms, conditions
and specifications contained in this Invitation to Bid. The City is requesting bids from qualified
vendors to provide services for the designated Grounds Maintenance Areas located in the City.
The successful bidder will furnish all necessary labor, tools, equipment, etc. to maintain
the areas in accordance with the specifications of this bid.
1.2 INFORMATION
1.2.1 Sealed bids will be received until 3:00 p.m. Thursday, June 23, 2005, for 'Bid for
Grounds and Right-of-Way Maintenance Services".
1.2.2 Bids will be publicly opened in the City of Dania Beach Administration
Center, 100 West Dania Beach Blvd., Dania Beach, Florida, 33004, Conference Room, in
the presence of the City's Bid Specification Committee at the above stated time and date.
1.2.3 All bids are to be submitted in a sealed envelope and clearly marked on the
exterior, "Bid for Grounds and Right-of-Way Maintenance Services" and addressed and
delivered to:
City of Dania Beach
Louise Stilson, City Clerk
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
1.2.4 All bidders or their representatives are invited to be present. Any bids received
after the time and date specified will not be considered.
1.2.5 Any bid may be withdrawn up until the time set above for opening the bids. Any
bids not so withdrawn shall, upon opening, constitute an irrevocable offer to provide the City the
services set forth in the attached specifications until ninety (90) calendar days after bid opening.
1.2.6 If any bidder violates any provision of this Invitation to Bid or is a party to a
violation of the code of ethics of the State of Florida with respect to this bid, such bidder may be
disqualified from performing the work described in this bid or from furnishing the services for
l
which the bid is submitted and shall be further disqualified from bidding on any future bids for
work or for goods or services for the City.
• 1.3 INFORMATION/CLARIFICATION
1.3.1 For technical information concerning this bid, contact Leo Williams, Acting
Director of the City Public Services Department at (954) 924-3743. Such contact person is to be
contacted for clarification purposes only. Material changes, if any, to the technical specifications
or bid procedures will only be transmitted by written addendum. Oral and other interpretations
or clarifications will be without legal effect.
1.3.2 ADDENDA, CHANGES OR INTERPRETATIONS DURING BID: Any inquiry
or request for interpretation received ten (10) or more days prior to the date fixed for the opening
of the bids will be given consideration. All such changes or interpretations will be made in
writing in the form of an addendum and, if desired, will be mailed or sent by available means to
all known prospective Bidders no later than seven (7) calendar days prior to the established bid
opening date. The bidder shall not rely on oral representations, discussions, clarifications or
modifications. Each prospective Bidder shall acknowledge receipt of such addenda in the space
provided in the bid form. In case any Bidder fails to acknowledge receipt of such addenda or
addendum, the bid will nevertheless be considered as though it had been received and
acknowledged and the submission of the bid will constitute acknowledgment of the receipt of
same. All addenda are a part of the contract documents and each Bidder will be bound by such
addenda, whether or not received. It is the responsibility of each prospective Bidder to verify
receipt of all addenda issued before bids are opened.
1.3.3 Questions concerning this bid should be sent to Leo Williams, Acting Director,
Public Services Department, City of Dania Beach, 1201 Stirling Rd., Dania Beach, Florida,
33004. To facilitate prompt receipt of questions, they can be sent to the City via FAX at (954)
954-923-1109 to the attention of Mr. Williams.
SECTION 2. SPECIAL CONDITIONS
2.1 PURPOSE
The purpose of this Invitation to Bid is to establish a two (2) year contract from date of
award for the services, with the option of the City to renew the contract for two (2) additional
two (2) year periods, with prices firm for the first four (4) years under the same terms and
conditions by mutual consent, in writing, by both parties. For a second renewal, prices may not
be adjusted beyond the Consumer Price Index applicable to the fourth contract year.
•
2.2 DOCUMENTATION
2.2.1 Bidder shall submit along with a bid the following:
a. Evidence that the bidder is certified and licensed to perform the required
services and qualified to be so certified and licensed. The successful
bidder must be in compliance with all applicable laws and regulations.
b. A statement that a Certificate of Insurance will be provided to the City
with the City to be named as an as additional insured (see Section 4.23,
below).
2.2.2 The successful bidder must have one or more current Certificates of Insurance
demonstrating that it has secured the required insurance coverage and place the Certificates on
file in the Purchasing Division and Risk Management Office, before work commences, and must
maintain all coverages under such certificates during the contract period.
2.3 CONTRACT AWARD
2.3.1 The City intends to award a contract to the lowest, responsive, responsible bidder
for the services specified within this bid document, taking into consideration experience, staffing,
equipment, materials, references and past performance. The City reserves the right to reject any
and all bids, if the City deems such action to be in the best interests of the City. In case of
disputes in the award of the contract, the decision of the City shall be final and binding on both
parties. No bid award shall be binding upon the City until a written contract including these
terms, this bid, and other necessary provisions, as required by the City, has been executed by both
parties.
2.3.2 The City reserves the right to initiate a trial test period. This trial period will be
for a term not to exceed ninety (90) days to determine if the Contractor can perform in
accordance with the requirements of this contract, and to the satisfaction of the City. If the City
invokes this test period, all terms and conditions of the bid shall apply and the Contractor shall
provide all required documentation, prior to commencement of any work.
The City Contract coordinator shall complete a performance evaluation prior to the end of
the test period. This evaluation shall be given to the Contractor for review and comment and
shall be the basis for continuation with or termination of the Contractor. This trial period shall
not be considered as part of the initial one (1)year period should a contract be initiated.
2.4 CONTRACT TERMINATION
2.4.1 If the successful bidder fails to provide the services bid, or shall in any other
manner commit a breach of contract and fails to remedy the same within five (5) calendar days
after written notice from the City, the City may terminate the contract resulting from this bid
without any further notice to the successful bidder. City Department representatives will review
the services periodically to assure that the requirements of the contract have been met. If any
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work is unsatisfactory, the Contractor shall be contacted, and the discrepancies corrected, at no
additional cost to the City. A second discrepancy notification shall also serve as notification that
all future discrepancies found will result in penalties, as detailed below. All penalties levied will
be deducted from monies due the Contractor on the next invoice. Penalties shall be levied
against the monthly cost as follows:
Third discrepancy— a penalty of 10% of the monthly cost
Fourth discrepancy—a penalty of 20% of the monthly cost
Fifth discrepancy — a penalty of 30% of the monthly cost, or termination of
contract at the option of the City.
Failure of the Contractor to appear on any scheduled work day, without the advance
approval of the contract administrator, shall result in the deduction of the total daily cost for that
location, from any monies due the contractor by the City. Daily cost will be calculated by pro-
rating the monthly rate. Failure of the contractor to appear two times for scheduled services
within the contract period shall be grounds for termination of contract. Any and all costs,
damages or other expenses incurred by the City as a result of the termination shall be the direct
liability of the successful bidder. The City shall have all remedies available at law or equity.
2.4.2 In addition, the City reserves the right to terminate the contract upon thirty (30)
calendar days' notice, without cause.
2.5 PRICING
2.5.1 Pricing shall remain firm and unchanged for the possible first four year period of
the contract.
2.5.2 The City may require the addition or deletion of services from the Contractor if
the requirements and needs of the City change. This may entail additional locations, additional
services required for locations serviced under this contract or both. The Contractor shall provide
the City with a cost for these additional locations, services or both based upon the cost structure
utilized in establishing the pricing for listed locations in initially contracted areas. Deletion of
locations, services or both shall be handled in the same manner as described above. If the cost
offered is not acceptable to the City, the City reserves the right to procure the additional services
from other Contractor(s).
2.6 BID DEPOSIT
Each Bidder must submit cash, a certified check or cashier's check payable to the City in
the amount of $500.00. Bid deposits will be returned to all Bidders except the Successful
Bidder. The bid deposit for the Successful Bidder will be returned after a contract has been
awarded and fully signed. If the Successful Bidder fails to submit the required executed contract
within ten (10) calendar days after award, the Bidder agrees that City may retain the bid deposit
as the City's liquidated damages.
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2.7 PROTECTION OF PROPERTY
2.7.1 The successful bidder shall at all times guard against damage or loss to City
property or of other persons, vendors or contractors, and shall be responsible for replacing or
repairing any such loss or damage. The Contractor will be required to report any such damages
immediately to the City.
2.7.2 The City reserves the right to repair any damages created by the Contractor and to
deduct the appropriate amount from any payment due to the Contractor. In all cases, the decision
of the City is final.
2.8 TRASH
Contractor shall be responsible for the removal of debris and cuttings as specified in the
bid documents.
2.9 DRUG FREE WORKPLACE
2.9.1 In accordance with Section 287.087, State of Florida Statutes, in the case of tie
bids, preference shall be given to businesses with "drug-free workplace programs". Whenever
two or more bids, which are equal with respect to price, quality, and service, are received for the
procurement of commodities or contractual services, a bid received from a business that certifies
that it has implemented a drug-free workplace shall be given preference in the award process.
In order to have a drug-free workplace program, a business shall:
(a) publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
(b) inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and, the
penalties that may be imposed upon employees for drug abuse violations.
(c) give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection
(a).
(d) in the statement specified in subsection (a), notify the employees that, as a
condition of working on the commodities or contractual services that are
under bid, the employee will abide by the terms of the statement and will
notify the employer of any conviction of, or plea of guilty or nolo
contendere ("no contest") to, any violation of Florida Statutes Chapter 893
or of any controlled substance law of the United States or any state, for- a
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violation occurring in the workplace no later than five (5) calendar days
after such conviction.
(e) impose a sanction on, or require the satisfactory participation in a drug
abuse assistance or rehabilitation program if such is available in the
employee's community, by any employee who is so convicted.
(� make a good faith effort to continue to maintain a drug-free workplace
through implementation of this section.
IF BIDDER'S COMPANY HAS A DRUG-FREE WORK-PLACE PROGRAM SO
CERTIFY BELOW:
AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT
THIS FIRM COMPLIES FULLY WITH THE ABOVE REQUIREMENTS.
BIDDER'S SIGNATURE
PRINT NAME/TITLE
SECTION 3. INSTRUCTIONS TO BIDDERS
3.1 INCONSISTENCIES
Any seeming inconsistency between different provisions of the specifications, bid
documents or contract, or any point requiring explanation must be inquired into by the bidder, in
writing, within the time specified in Section 1.3.2. After bids are opened, the bidders shall abide
by the decision of the City as to such interpretations. The City shall not be responsible for oral
interpretations given by any City personnel or representative or others. The issuance of a written
addendum is the only official method by which an interpretation, clarification or additional
information can be given.
3.2 LEGAL CONDITIONS
Bidders are notified to familiarize themselves with the provisions of the laws of the State
of Florida relating to hours of labor on municipal work.
3.3 FORMS OF BIDS
Each bid and its accompanying statements must be made on the blanks provided in the
Instructions to Bidders and shall be submitted in triplicate. The forms must be submitted in good
order and with all the blanks filled in. The forms must be enclosed in a sealed envelope when
submitted to the Office of the City Clerk of the City of Dania Beach, Florida, and the envelope
must show the title of the bid. The bid must be signed by one duly authorized to do so, and, in
case signed by a deputy or subordinate, the principal's properly written authority to such deputy
or subordinate must accompany the bid. No bid will be accepted, for any reason whatsoever,
which is not submitted to the Office of the City Clerk as stated above, within the specified time.
3.4 FILLING BIDS
3.4.1 Bidders shall completely fill out the bid, the questionnaire and the affidavit
contained in the Instructions to Bidders. Bidders are invited to be present at the time of opening
of bids.
3.4.2 The City reserves the right to reject any or all bids or any part of any bid, and to
waive any minor irregularity or informality in any bid.
3.4.3 It is the bidder's responsibility to read and understand the requirements of this bid.
Bidders shall submit all pricing information on the proposal forms furnished. All quotations and
proposals must be signed in those spaces provided with the firm name and by an officer or
employee having the authority to bind the company or firm. Bids having any erasures or
convections must be initialed by the bidder in blue ink. Bids shall be typed or written with pen
and blue ink. Signatures must be in blue ink.
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3.4.4 Bidders should not include taxes in prices bid. The City is exempt from any taxes
related to the services sought, which may otherwise be imposed by the state or federal
government. An exemption certificate will be supplied upon request.
3.5 MISTAI{ES
Bidders are cautioned to examine all terms, conditions, specifications, exhibits, addenda,
instructions, and special conditions pertaining to any bid. Failure of the Bidder to examine all
pertinent documents shall not entitle a bidder to any relief from the conditions imposed in the
Instructions to Bidders or the contract.
3.6 CAUSES FOR REJECTION
No bid will be canvassed, considered or accepted which in the opinion of the City is
informal or unbalanced, or contains inadequate or unreasonable prices for any items; each item
must carry its own proportion of the cost as nearly as is practicable. However, the City shall be
under no obligation to investigate the correctness of any bid, and the bidder by signing the bid,
shall be deemed to have verified that no errors appear in the bid as submitted. Any alteration,
erasure, interlineation, or failure of a bid to contain all items called for in the Instructions to
Bidders may result in rejection of the bid.
3.7 NO BIDS
If you do not intend to bid, please indicate the reason, such as insufficient time to respond, do
. 0 not offer product or service, unable to meet specifications, schedule would not permit, or any
other reason in the space provided in this bid. Failure to bid or return no bid comments prior to
the bid due and opening date and time indicated in this bid, may result in your firm being deleted
from the City's Bidder's Registration List for the services requested in this bid.
3.8 SAFETY REQUIREMENTS
Bidder by submitting a bid certifies that all equipment to be supplied pursuant to the bid
meets all Federal Occupational Safety and Health Act (OSHA) requirements.
3.9 RETENTION OF RECORDS AND RIGHT TO ACCESS CLAUSE
The successful bidder shall preserve and make available all financial records, supporting
documents, statistical records, and any other documents pertinent to the contract for a period of
three (3)years after termination of the contract or if an audit has been initiated and audit findings
have not been resolved at the end of these three (3) years, the records shall be retained until
resolution of audit finding.
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3.10 ANTI-COLLUSION STATEMENT
By submitting this bid, the bidder affirms that this bid is without previous understanding,
agreement, or connection with any person, business, or corporation submitting a bid for the
services, and that this bid is in all respects fair, and without collusion or fraud.
BIDDER NAME:
AUTHORIZED NAME OF AGENT OF BIDDER:
SIGNATURE OF AGENT:
SECTION 4. GENERAL CONDITIONS
4.1 GENERAL
The Contract to be awarded will be subject to the provisions of the Constitution of the
State of Florida, and of the laws of the state of Florida and ordinances of the City.
4.2 SPECIAL CONDITIONS
Any and all Special Conditions contained in this bid that may be in variance or conflict
with the General Conditions shall have precedence over the General Conditions. If no changes or
deletions to General Conditions are made in the Special Conditions, then the General Conditions
shall prevail in their entirety.
4.3 INTENTION
The City intends to award a contract for the services to the lowest, responsive and
responsible bidder who or which meets all specifications, terms and conditions set forth in the
bid documents.
4.4 LEGAL REQUIREMENTS
4.4.1 Applicable provisions of all federal, state, and county laws, and local ordinances,
rules and regulations, shall govern development, submittal and evaluation of all bids received in
response to the Instructions to Bidders and shall govern any and all claims and disputes which
may arise between person(s) submitting a bid and the City by and through its officers, employees
and authorized representatives, or any other person, natural or otherwise; and lack of knowledge
of any of the foregoing by any Bidder shall not constitute a cognizable defense against their legal
effect.
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4.4.2 The Legal Advertisement, the "Grounds Maintenance" document, the City
"Pruning Standards", Notice of Invitation to Bid, Instructions to Bidders, Bidder's Questionnaire,
r� Specifications, Exhibits, Addenda and any other pertinent documents form a part of this bid and
ultimately, the contract and by reference are made a part of any response to this bid and the
Contract.
4.5 TERMINATION FOR CAUSE
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under the Contract, or if the Contractor shall violate any of the provisions of the
Contract, the City may upon written notice to the Contractor, terminate the right of the
Contractor to proceed under the Contract or with such part or parts of the Contracts to which
there has been a default, and may hold the Contractor liable for any damages caused to the City
by reason of such default and termination. In the event of such termination, any completed
services performed by the Contractor under the Contract shall, at the option of the City, become
the City's property and the Contractor shall be entitled to receive equitable compensation for any
work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of
liability to the City for damages sustained by the City by reason of any breach of the Contract by
the Contractor, and the City may withhold any payments to the Contractor for the purpose of
setoff until such time as the amount of damages due to the City from the Contractor can be
determined.
4.6 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS
The technical specifications may include items that are considered minimum mandatory,
or required. If any Bidder is unable to meet or exceed these items, and feels that the technical
specifications are overly restrictive, the Bidder must notify the Public Services Department in
writing immediately. Such notification must be received by that Department prior to the deadline
contained in the bid, for questions of a material nature, prior to ten (10) calendar days before the
bid opening date. If no such notification is received prior to that deadline, the City will consider
the technical specifications to be acceptable to all Bidders.
4.7 PUBLIC RECORDS
Florida law (Section 119.01, F.S., the Public Records Law) provides that municipal
records shall at all times be open for personal inspection by any person. Information and
materials received by the City in connection with a Request for Bid response shall be deemed to
be public records subject to public inspection upon award, rejection for award, or ten (10)
calendar days after bid opening, whichever occurs first. However, certain exemptions to the
public records law are statutorily provided for in Section 119.07, F.S. If the Bidder believes any
of the information contained in its, his or her response is exempt from the Public Records Law,
then the Bidder must in the response, specifically identify the material which is deemed to be
exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials
received as public records.
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4.8 . PROHIBITION OF INTEREST
• No contract will be awarded to a Bidder who or which has City elected officials, officers
or employees affiliated with it, unless the Bidder has fully complied with current Florida State
statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation.
Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of
the Bidder from the City's Bidder's List and prohibition from engaging in any business with the
City.
4.9 DISCRIMINATION
Contractor agrees that in the performance of any provisions of the Contract, it will not
discriminate or permit discrimination in the hiring practices of Contractor or in the performance
of the Contractor on the basis of age, race, sex, marital status, religion, creed, political affiliation,
sexual orientation, physical or mental disability, color or national origin. The Contractor will
strictly adhere to` the equal. employment opportunity requirements and any applicable
requirements established by the State of Florida and the federal government.
4.10 AGREEMENTS OUTSIDE THIS AGREEMENT
The Contract will contain the complete agreement concerning the Contractor arrangement
between the parties and shall as of the effective date of the Contract supersede all other
agreements between the parties. The parties stipulate that neither of them has made any
representation with respect to the subject matter of the Contract or its execution and duly accept
such representations as are specifically set forth in the Contract. Each of the parties to the
Contract acknowledges that it has relied on its own judgment in entering into the Contract.
4.11 MODIFICATION OF THIS AGREEMENT
No waiver or modification of the Contract or any covenant, condition, or limitation
contained in it shall be valid unless in writing and duly executed by all parties. No evidence of
any waiver or modification shall be offered or received in evidence in any proceeding,
arbitration, or litigation between the parties arising out of or affecting the Contract or the rights
and obligations of the parties unless such waiver or modification is in writing and duly executed. ,
The parties to the Contract do acknowledge and agree that time is of the essence relative to the
performance of any term, condition, or covenant in this Contract. In the event any litigation or
other action shall arise from the Contract, the prevailing party shall be entitled to reasonable
attorney fees and all costs and expenses, including attorney's fees and all costs and expenses for
any court proceedings relative to the disposition of any issues arising under the Contract.
4.12 NO CONTINGENT FEE
Contractor warrants that it has not employed or retained any company or person other
than a bona fide employee working solely for the Contractor to solicit or secure the Contract and
that it has not paid or agreed to pay any person, company, corporation, individual or firm, other
than a bona fide employee working solely for the Contractor, any fee, commission, percentage,
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gift, or other consideration contingent upon or resulting from the award or making of the
Agreement. For the breach or violation of this provision, the City shall have the right to
terminate the Agreement without liability at its discretion.
4.13 VENUE/SEVERABILITY
Venue shall be in Broward County, Florida, with respect to any and all actions that may
be brought now or subsequently in connection with the Contract. In the event that any portion,
provision, term, or condition of the Contract shall be found to be unconstitutional or illegal in
any way, it shall be deemed severed and the remainder of the Contract shall remain in full force
and effect.
4.14 VARIANCES
4.14.1 For purposes of bid evaluation, Bidders must indicate any variances, no matter
how slight, from bid General Conditions, Special Conditions, Specifications or Addenda. No
variations or exceptions by any Bidder will be considered or deemed a part of the bid submitted
unless such variances or exceptions are listed in the bid and clearly referenced. If variances are
not stated, or referenced as required, it will be assumed that the product or service fully complies
with the City's terms, conditions, and specifications.
4.14.2 By receiving a bid, the City does not necessarily accept any variances contained in
the bid. All variances submitted are subject to review and approval by the City. If any bid
contains material variances that, in the City's sole opinion, makes that bid conditional in nature,
the City reserves the right to reject the bid or part of the bid that is declared by the City as
conditional.
4.15 CONTRACTOR'S RELATION TO THE CITY
4.15.1 It is expressly agreed and understood that the Contractor will be in all respects an
independent contractor as to work, and that the Contractor is in no respect an agent, servant or
employee of the City. The Contract specifies the work to be done by the Contractor, but the
method to be employed to accomplish the work shall be the responsibility of the Contractor,
unless otherwise provided in the contract, subject to approval by the City.
4.15.2 Contractor and the employees of the Contractor are not entitled to any of the
benefits that the City provides for City's employees.
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4.16 QUANTITIES
• 4.16.1 The City's representative shall, in all cases of dispute, determine the amount or
quantity of the several kinds of work which are to be paid for under the Contract, and shall
decide all questions relative to the execution of the same, and such determinations shall be final
and binding.
4.16.2 Any work not specified in the Instructions to Bidders or the Contract, which may
be fairly implied as included in the Contract, of which the City's representative shall be the judge,
shall be done by the Contractor without extra charge.
4.17 EMPLOYEES
4.17.1 Only skilled employees shall be employed to provide the services specified in the
Instructions to Bidders and Contract. Any person employed to provide the services who fails,
refuses or neglects to obey the instructions of the.City's representative in anything relating to this
service, or who appears to be disorderly, insubordinate, or incompetent, shall upon the order of
City's representative, be at once discharged and not again employed on any part of the services.
Any interference with, or any abusive or threatening conduct toward any City representative,
his/her assistants or inspectors by the Contractor, or employees or agents, or any member of the
public shall authorize the City to terminate the Contract and re-let the work. The Contractor shall
furnish all labor, materials, supplies and equipment necessary to properly maintain all areas in an
acceptable condition.
4.17.2 Contractor agrees that the owners of the bidder, or
g officers if a corporation if
applicable, shall be held fully responsible, except as otherwise prohibited by law, for acts of their
employees while on duty.
4.18 CODES AND STANDARDS
Work, materials, equipment and other items specified by reference to City standards shall,
unless otherwise specified, comply with the latest revision of such codes and standards in effect
on the date the Contractor's bid was submitted to the City.
4.19 AVAILABILITY OF FUNDS
The obligations of the City under this the Contract will be subject to the availability of
funds.
4.20 SELLING, TRANSFERRING OR ASSIGNING IS PROHIBITED
The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the
Contract, or of any or all of its rights, title or interest in it, or its power to execute such Contract
to any person,company or corporation without prior written consent of the City.
•
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4.21 PERMITS, FEES AND NOTICES
4.21.1 Contractor shall be responsible to apply for all permits and licenses, which may be
required for the proper execution and completion of work. Permit fees shall be waived by the
City. Contractor shall use its best efforts to obtain all necessary permits as soon as possible after
the service is requested by the City.
4.21.2 Contractor shall give all notices and comply with all laws, ordinances, rules,
regulations and lawful orders of any public authority bearing on the performance of the work to
be performed. The City shall not be responsible for monitoring the contractor's compliance with
any laws or regulations.
4.22 INDEMNIFICATION AND HOLD HARMLESS
The selected Contractor shall, in addition to any other obligation to indemnify the City
and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City,
including its agents, elected officials and employees from and against all claims, actions,
liabilities, losses (including economic losses), or costs arising out of any actual or alleged:
(a) bodily injury, sickness, disease or death, or injury to or destruction of tangible
property including the loss of use resulting therefrom, or any other damage or loss
arising out of or resulting or claimed to have resulted in whole or in part from any
actual or alleged act or omission of the Contractor, any subcontractor, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of
them may be liable in the performance of the work; and
(b) any violation of law, statute, ordinance, governmental administrative order, rule,
regulation, or infringement of patent rights by Contractor in the performance of
the work; and
(c) liens, claims, actions made by the Contractor or any subcontractor or other party
performing the work; and,
(d) any claims of whatsoever nature related to collection practices or any actions of
contradictory nature pursuant to Contract or in attempt to collect monies due or
claimed to be due to the City.
•
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4.23 INSURANCE:
4.23.1 Please refer to the two page document withheld "Insurance Requirements".
4.23.2 General
Should any required insurance lapse during the Contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this Agreement, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this Agreement
effective on the date of such lapse of insurance.
Liability policies shall be endorsed to provide the following:
a) Name as additional insureds the City of Dania Beach and its officers,
agents, employees and City Commission members.
b) That such insurance is primary to any other insurance available to the City
with respect to claims covered under the policy and that such insurance applies
separately to each insured against whom claims are made or suit is brought, but
the inclusion of more than one insured shall not operate to increase the insurer's
limit of liability.
All policies shall be endorsed to provide thirty (30) days' prior written notice of
cancellation, non-renewal or reduction in coverage or limits to:
City of Dania Beach
Attention: Risk Manager
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
The issuing agency shall include its full name, address and telephone number in
each insurance certificate issued.
Certificates of Insurance, evidencing all required insurance and endorsements,
shall be submitted with the executed Agreement.
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SECTION 5. SPECIFICATIONS
5.1 LOCATION OF SERVICES
The locations of services are identified in the two page document entitled "Location of
Work Bid# Dania Beach PW05-01".
5.2 CONTRACTORS' EXPERIENCE
5.2.1 This bid shall be awarded only to a responsible bidder, qualified to provide the
services requested. The bidder shall submit the following information with his/her bid
documents.
5.2.2 Experience — Statement of number of years as a grounds maintenance
contractor.
5.3 AVAILABILITY OF CONTRACTOR
Contractor must provide a telephone number, cellular phone number or pager number for
contact by the City on evenings and weekends, for emergencies.
5.4 MINIMUM PERFORMANCE
The Contractor will be responsible for all costs associated with performance under the
Contract, including but not limited to supervision, labor, material, minor parts and supplies,
equipment, tools, transportation, travel time, shop facilities, excluding . replacement of
components required for the services and in accordance with the specifications, terms and
conditions.
5.5 SAFETY:
5.5.1 The successful Bidder shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the work. The successful
Bidder shall comply with the rules and regulations of the Florida Department of Commerce
regarding industrial safety (Florida Statutes Section 440.56) and with the standards set forth in
the Occupational Safety and Health Act of 1970 (OSHA) and its amendments.
5.5.2 The successful Bidder shall take all reasonable precautions for the safety of and
shall provide all reasonable protection to prevent damage, injury or loss to:
(a) all employees on the work site and all other persons who may be affected ;,and
(b) the work, all materials and equipment incorporated in it.
•
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5.6 WARRANTIES
5.6.1 The successful Bidder warrants that the services performed under the Contract
will be performed in a workmanlike manner and in accordance with the specifications contained
in the bid documents.
5.6.2 The successful Bidder warrants that it will comply with all applicable federal,
State of Florida and local laws and regulations in carrying out its obligations under the Contract.
5.6.3 The successful Bidder warrants that the consummation of the work of the Contract
will not result in the breach of any terms or provisions or constitute default under any contract or
agreement to which the successful Bidder is a party.
5.6.4 The successful Bidder warrants that there will be no violation of copyrights or
patent rights in connection with the services performed under the Contract.
SECTION 6. CONTRACTOR RESPONSIBILITIES
6.1 RESPONSIBLE BIDDERS
No bid will be accepted from, nor will any contract be awarded to, any person or entity
who or which is in arrears to the City of Dania Beach, upon any debt or contract, or who in
default, as surety or otherwise, upon any obligation to the City, or who is deemed irresponsible or
unreliable by the City or has been found guilty or convicted of a Public Entity crime in any
federal or state trial court of record. A Public Entity Crime form must be submitted by each
bidder (copy of form attached).
6.2 QUALIFICATIONS OF BIDDERS
6.2.1 Bidder must have adequate organization, facilities, equipment, tools and personnel
to insure prompt and efficient service to the City. Bidder must provide references, names,
addresses, telephone numbers,.years of service, etc., which demonstrate that acceptable, reliable
and quality service has been maintained for multiple locations.
6.2.2 Bidder must have all current licenses required to perform the specified service and
must maintain such licenses throughout the contract period.
6.2.3 Personnel of bidder shall be experienced in performing the services specified.
The City reserves the right before recommending award of the Contract to inspect the offices of
the bidder, or to take any other action necessary to determine the ability of Contractor to perform
in accordance with the specifications, terms and conditions in this bid.
•
17
6.3 DEFAULT PROVISIONS
In the event of default by the bidder, the City reserves the rights specified above for a
defaulting bidder. A Contractor who or which defaults on a City contract may, in addition to
termination of the Contract by City, be banned from doing business with the City for a period of
thirty-six (36) months from the date of default.
6.4 CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD
The City shall have the right to investigate the financial condition and experience record
of each prospective bidder and determine to its satisfaction the competency of each to undertake
the services requested in this bid.
6.5 BILLING PROCEDURE
6.5.1 -All invoices for services must be billed by mailing invoices to:
City of Dania Beach
Finance Department
100 W Dania Beach Boulevard
Dania Beach, FL 33004
6.5.2 Invoices shall show the following: Purchase Order Number if used,
location/description/date/time of services performed. Invoices without this information may not
be processed for payment.
6.6 INSPECTION
It is the Contractor's responsibility to become fully informed as to the current condition,
nature and extent of the services required for each project.
6.7 PERSONNEL
All staff used on City work shall be uniformed, with identification of Contractor's name
and appropriately dressed, clean, courteous, sober and competent in operating skills. Contractor
agrees to be responsible for such personnel. The Contractor agrees that the owners of the
company, or officers if a corporation, shall be held fully responsible, except as otherwise
prohibited by law, for acts of their employees while on duty. The Contractor also agrees to
maintain and, upon request, provide the following information to the Broward Sheriffs Office on
all officers, employees, agents and servants, and be responsible for keeping the information
accurate and current: Name, Address, Date of Birth, Driver's License Number, Social Security
Number and Photograph. The Contractor agrees that the owners of the company or the officers
of the company, if a corporation, shall be responsible, except as otherwise prohibited by law, for
the acts of their employees while on duty.
1R
SECTION 7. AWARD
7.1 DETERMINATION OF AWARD
7.1.1 The City reserves the right to reject any or all bids and subject to the restrictions
stated above, the Contract shall be awarded by the City to the responsible Bidder who or which
has submitted the bid which is in the best interests of the City and which bid is responsive and
made by a responsible bidder. The City may review and consider experience and past
performance in its award.
7.1.2 The City reserves the right to accept all or any part of the bid, and to increase or
decrease quantities to meet additional or reduced requirements of the City. The City reserves the
right to waive any informality in any bid. The City reserves the right to reject all bids, and to re-
advertise for bids. The bid of the lowest, responsible and responsive bidder meeting
specifications of the bid, may be accepted. The lowest responsive and responsible bidder shall
mean, but is not limited to, that bidder who makes the lowest bid to provide goods and services
of a quality which conforms closest to the quality of services set forth in the attached
specifications as required by the City of Dania Beach, and who is known by the City or
determined to be fit and capable to perform the bid as made.
7.1.3 Award shall be made on a total offer basis, as may be deemed in the best interests
of the City of Dania Beach. NOTE: NO CONTRACT SHALL BECOME EFFECTIVE
UNLESS AND UNTIL IT HAS BEEN COMPLETELY EXECUTED BY BOTH
PARTIES.
7.1.4 In case of disputes in the award of the contract, the decision of the City shall be
final and binding on both parties.
7.1.5 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 or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided s. 287.017 for CATEGORY
TWO for a period of thirty-six (36) months from the date of being placed on the convicted
vendor list. A form to that effect, as mentioned above, must be submitted by each bidder.
7.2 AWARD OF CONTRACT
7.2.1 The bidder to whom or to which an award is made or its authorized representative
shall execute a written contract to do the work and maintain the same in good order until final
acceptance by the proper authorities. If the bidder to whom or to which the first award is made
fails to enter into a contract, the award may be annulled and the contract offered to the next mast
qualified bidder who or which offered the next lowest, responsive and responsible bid in the
opinion of the City.
19
BIDDER'S QUESTIONNAIRE
The undersigned guarantees the truth and accuracy of all statements and answers contain
ed
below.
1. How many years has your organization been in business?
2. List below (or on an attached sheet, if necessary) the names, addresses and telephone
numbers of organizations, governmental, private or both located in Broward, Miami-Dade
or Palm Beach Counties, for which you are now, or have within the past three years,
provided services similar to that called for in this bid.
' � G�;r1 � ` �� ���k Rd.•-(A-1✓;N yr�Yl.�R �S�t-��.�S7�t
r
L ' 1 m
3. List below (or on an attached sheet, if necessary) all pertinent information and data that
would indicate the ability of your organization and management personnel to perform
satisfactorily.
•
4. Have you personally inspected ALL of the proposed sites and have you completed a plan
for performance of the work? Y.
5. Will you subcontract or sublet any part of this work? If so, give details.
/ - L,
6. Have you ever failed to complete work awarded to you? If so, when, where and why?
7. What equipment do you own that is available for work?
8. Has your company ever been debarred or held in default in Miami-Dade, Broward or
Palm Beach Counties or by any other governmental entity? X`ice
9. How many personnel will be assigned to perform the services? `f 7-0
20
10. How many supervisors will be assigned to perform the services?
. 11. Will perso el be part of a regular crew assigned to perform the services?
Yes No
12. Will yo be able to provide service for special events, emergency situations or both?
Yes No
How much notice is required? E R.
21
BIDDER OFFERING FIRM PRICES FOR THE FULL CONTRACT PERIOD.
YES ✓ NO
BIDDER TO INDICATE IF HE/SHE/ENTITY WOULD BE WILLING TO EXTEND MIS
CONTRACT FOR:
SECOND TWO YEARS: YES ✓ NO
THIRD TWO YEARS: YES ✓ NO
22
6. After the Owner has terminated the Contractor's right to complete the Contract, and if the
Surety elects to act, then the responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the Owner under the Contract. To
the limit of the amount of this Bond, but subject to commitment by the Owner of the
Balance of the Contract Price to mitigation of costs and damages on the Contract, the
Surety is obligated without duplication for:
(A) The responsibilities of the Contractor for correction of defective work and
completion of the Contract;
(B) Additional legal, design professional and delay costs resulting from the
Contractor's Default, and resulting from the actions or failure to act of the Surety
under paragraph 4; and
(C) Liquidated damages, or if no liquidated damages are specified in the Contract,
actual damages caused by delayed performance or non-performance of the
Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that
are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced
or set off on account of any such unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or its heirs, executors,
administrators or successors.
8. The Surety waives notice of any change, including changes of time, to the Contract or to
related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of
competent jurisdiction in the location in which the work or part of the work is located and
shall be instituted within two years after Contractor Default or within two years after the
Contractor ceased working or within two years after the Surety refuses or fails to perform
its obligations under this Bond, whichever occurs first. If the provisions of this paragraph
are void or prohibited by law, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the
addresses shown above.
11. When this Bond has been furnished to comply with a statutory or other legal requirement
in the location where the services were to be performed, any provision in this Bond
conflicting with such statutory or legal requirement shall be deemed deleted from tlhis
document and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated into this document. The intent is that this Bond shall be construed
as a statutory bond and not as a common law bond.
12. DEFINITIONS
(A) Balance of the Contract Price: The total amount payable by the Owner to the
Contractor under the Contract after all proper adjustments have been made
including allowance to the Contractor of any amounts received or to be received
by the Owner in settlement of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments made to or on
behalf of the Contractor under the Contract.
(B) Contract: The agreement between the Owner and the Contractor identified on
the first page of this document, including all Contract Documents and changes to
them.
(C) Contractor Default: Failure of the Contractor, which has neither been remedied
nor waived, to perform or otherwise to comply with the terms of the Contract.
(D) Owner Default: Failure of the Owner, which has neither been remedied nor
waived, to pay the Contractor as required by the Contract or to perform and
complete or comply with the other terms of such Contract.
CITY OF DANIA BEACH, FLORIDA
Sworn Statement Under Section §287.133(3)(a), Florida Statutes
Florida Statutes on Public Entity Crimes
(This form must be signed in the presence of a Notary Public or other officer authorized to
administer oaths.)
1. This sworn statement i submitted with Bid, Proposal or Contract Name or No.
f 3d �_r� tc't �'C�C._*1 P(- " Cl- -C I
2. This sworn statement is submitted by: y rJ&-) c+ L.L vie,
(name of entity submitting sworn statement)
its business address is: ., LO l S W - ! S -C
fL• `3 33 13-
Federal Identification Number
(FEIN) is: u7 6 If/
(if applicable)
• Social Security Number:
(if the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement)
3. My name is: L
(PRINT NAME of individual signing this document)
and my relationship to the entity is: Pj1 rc51",4 e&,':-
(President, General Partner, etc. as applicable)
4. I understand that a "public entity crime" as defined in §287.133(1)(g), of the 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 or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph §287.-133(1)(b), of
the Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with
. or without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a j-Ury
23
verdict, non-jury trial, or entry of a plea of guilty or nolo contendere (also known as "No
Contest").
I understand that an affiliate as defined in Paragraph §287.133(1)(a), of the Florida
Statutes means:
(a) A predecessor or successor of a person or a corporation convicted of a public
entity crime; or
(b) An entity under the control of any natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The term
"affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate.
The ownership by one person of shares constituting a controlling interest in
another person, or a pooling of equipment or income among persons when not for
• fair market value under an arm's length agreement, shall be a prima-facie case that
one person controls another person. A person who knowingly enters into a joint
venture with a person who has been convicted of a public entity crime in Florida
during the preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph §287.133(1)(e), Florida Statutes,
means any natural person or any 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 let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are
active in management of an entity.
8. Based on information and belief, the statement which that I have marked below is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies):
_%_ Neither the entity submitting the sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity nor any affiliate of the entity have 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 the officers,
directors, executives, partners, shareholders, employees, members or agents who are
active in management of the entity or an affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989 and
•
24
y _ ,
G
E
(Please now indicate which additional statement below applies):
j There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final
order entered by the hearing officer did not place the person or affiliate on the
convicted vendor list. (Please attach a copy of the final order)
The person or affiliate was placed on the convicted list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer
determined that it was in the public interest to remove the person or affiliate from
the convicted vendor list. (Please attach a copy of the final order)
The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Florida Department of
General Services)
( GL to r lu-tie.
Signature (of person w ose PRINTED NAME Date
first appears above)
STATE OF 4""(C)i'
ss:
COUNTY OF = C� �u_� )
Sworn to and subscribed before me on JI-Loc. ,'� 2005, by
Al Ti!L ( y who (check one) [✓j is personally known to me or [ ) has
produced ti :fir'V vv tC) l as identification.
J. C. Minnis
Commission#0114813
Expires: Feb 02,2 00 7
irk u't `o L Bonded Thru
Notary ublic -itiantic ijonaing co., Inc.
My commission expires:
END OF PUBLIC ENTITY CRIMES STATEMENT
25
1
ADDENDUM # 1
For The
City of Dania Beach
Grounds and Right-of-Way Maintenance
(1) Article 1.1 of the Invitation to Bid document has the addition of.
1.1.2
**NOTE** By submitting a bid, the bidder acknowledges that he or she is familiar
with the sites and the scope of work prior to submitting a bid. The City reserves the
right to remove specific locations on a temporary or permanent basis, as may be
required at the City's discretion. This removal will reduce the invoice amount by a
percentage of the amount bid for the entire project or the specific amount proposed
for the specific location on the next invoice submitted for payment. This Department
shall derive the percentage used. Failure of bidder to be familiar with the service and
maintenance requirements of a project of this size and complexity does not relieve the
contractor of the responsibility for completion of all required services.
a. Contractor shall maintain the contractually covered grass areas at the prescribed
frequency rate with conventional production style, mowing and lawn
maintenance equipment. Exceptions to the specified schedule shall be granted by
the Public Services Director or his designee.
b. Contractor shall fertilize all grass areas twice a year in March and October with
an NPK 16-4-8 with no less than 2% water insoluble nitrogen and 40% organic
filler used in March and Atrazine or a 13-3-13 or a 8-2-10 slow release fertilizer
in October.. Shrubs and trees to be fertilized three times a year in March, July
and November with an 8-10-10 fertilizer. Fertilizer for palm trees will be of the
following composition: Palm special 12-5-12 with slow release potassium
applied three times per year in March, July and November. Manufacturer's
recommended rate of application will apply for all three compositions. The
chemical composition of the fertilizer must be approved prior to application to
check for appropriate trace minerals. The Director of Public Services or his
designee must be notified at least 24 hours prior to application of fertilizer for
verification of use and type. Fertilization, including provision of the fertilizer, is
to be considered a part of the maintenance function in its entirety.
c. Upon arrival at a job site for the cutting operation, the Contractor shall
immediately survey the area to remove all litter, glass, rocks, dead foliage and
debris subject to becoming a projectile if engaged by a mower. All grass
• clippings, vegetative trimmings and existing overburden shall be blown from the
street and walk areas on the same day maintenance is performed prior to leaving
the site. Raking of leaves and other debris shall be performed at the base of
shrubbery and all others areas to maintain a neat and aesthetic appearance.
Contractor shall, at his own expense, remove and properly dispose of all waste
materials from the maintenance operation. Debris is not to be blown into streets
or onto a pedestrian pathway. Pathways and sidewalks shall be blown clear or
swept prior to leaving the site.
d. Contractor shall trim all hedges and shrubs to a uniform height during each site
visit. Hedge material located in the median shall be trimmed to not exceed three
(3) feet in height unless otherwise directed. Some areas to be hand pruned as
required.
e. Tree trimming shall be required in all areas under contract. Hurricane pruning
shall be done on an annual basis between March 1 and June 1 in all areas under
contract. Trees shall be trimmed to a minimum height of 8 ft. Tree suckers
(water sprouts) are to be removed as they grow. The Contractor shall trim all
overgrowth where it obstructs or restricts sight distance view of vehicles, i.e.
limbs branching"into the roadway from the median or swale, or landscaping taller
than 30". Contractor shall also be responsible for removing limbs from the
roadway that emanate from areas under contract. The Contractor shall be alert to
remove traffic hazards or unsafe conditions caused by tree limb obstruction
during each site visit. Dead palm fronds shall be cut and disposed of along with
daily trash pickup in addition to normal maintenance frequencies. The Director
• of Public Services or his designee will address any possible variation to this on
an individual basis. Because of the certifications and licenses needed for tree
trimming this section may be sub-contracted and is to be listed as a separate item
on the bid proposal sheet.
f. Edging shall be done along all sidewalks, curbs, blacktop, walkways, asphalt
paths and road edges with a gas operated edger during each site visit. Grass shall
also be edged back where it encroaches upon the street from the swale or other
areas. Edged material shall be swept and collected for disposal by the
Contractor.
g. * Weeding shall include, but not limited to, ornamental beds, base of shrubbery
and hedges, sidewalks, curb lines and any other areas weeds exist including
tongue end of medians that are devoid of grass. Weeds shall be manually pulled
during each site visit to prevent an unsightly appearance caused by their
presence. All tree beds are to be completely clear of weeds at all times.
h. Weedeating shall be done around all fixed objects exposed in the turf including,
but not be limited to, all irrigation heads, trees, poles/posts or any other fixtures
found in such settings. Weedeating shall be done with string trimmers or
herbicides. The department in advance of use must approve the type of
herbicide. The Contractor shall be responsible for replacing any damaged foliage
caused by the use of herbicides. When using a string trimmer, weedeating shall
be done so those trees are not girded. The Contractor shall establish a ring
around each tree with herbicide to preclude girding.
i. Evidence of insects shall be brought to the attention of the Director of Public
Services or designee. The Contractor shall be responsible for applying pesticide
and fungicide on an as needed basis and the cost shall be factored in the.bid.
This office must approve the use of chemicals. Signs shall be posted alerting the
public of pesticide application. The Contractor shall be responsible for the
treatment of fire ants at all times and locations under contract noted by the
Contractor or the City. All fire ant mounds are to be treated regularly with a
granular insecticide.
j. The Contractor shall inform the City`s designee of any immediate safety hazard
or vandalism (including graffiti) upon discovery in the field. The Contractor
shall contact the City to apply barricades where hazards exist to safeguard the
area until the situation can be corrected. The Contractor shall fill any holes
found constituting a hazard.
k. The Contractor, upon completion of mowing a section, shall inform the Public
Services Director or his designee of the need to test the sprinklers, and any
damage to the sprinkler system must be repaired or replaced and return them to
operating condition within 24 hours. The Contractor must notify the Director of
Public Services or his designee when the repairs have been made
1. Mowing shall be done to a height of three inches (3"). The Contractor shall mow
all grass at the following intervals: April I through November 30, once every 07
calendar days; from December I to March 31, once every 14 calendar days, for a
total of 43 cuts except for areas noted as requiring less frequent maintenance.
Areas requiring less frequent maintenance shall be considered as requiring once a
month maintenance. This schedule shall be modified by the Director of Public
Services to either increase or decrease the number of cuttings per year. If, in the
opinion of the City, a modification due to abnormal conditions is deemed
necessary, Contractor shall be notified as far in advance as reasonably possible of
maintenance requirement changes.
m. To be included in the total price of the maintenance contract shall be a $15,000.00
contingency in event that additional services are found necessary during the
contract year.
n. Delittering, trash pickup and disposal in all contracted areas shall be done on a
daily basis by the contractor with no additional expense occurred by the City.
Contractor shall be required to have a minimum of four (4) people in cutting area
daily, five (5) days a week full time.
o. The Contractor shall apply pesticides to the grass, ground cover, shrubbery, trees
and palms to control chinch bugs, army worms,sod web worms, mole crickets,
ant hills, royal palm bugs and other pests.
p. Weed control in turf grass will be accomplished by spraying herbicides in open
turf areas where there is no danger of accidental application that may damage
surrounding trees, shrubbery, ground cover or other vegetation. Areas containing
weeds must be removed by hand if herbicide spraying would result in damage to
surrounding vegetation. ,Areas containing weeds must be removed by hand if
herbicide spraying would result in damage to surrounding vegetation. It is
imperative that all safety requirements in dispersing herbicides be carefully
followed. Contractor should obtain copies of instructional material on herbicide
application, which are available at the County Agricultural Extension Service in
Davie. Any applicator should be thoroughly familiar with its contents for
personal and public safety. All pesticide application classified as restrictive use
shall be carried out by a certified applicator or under the supervision of a
certified applicator.
q. The Applicator must be a certified Pest Control Operator and hold a Lawn and
Ornamental Certificate issued by the Department of Health and Rehabilitative
Service, Entomology Service Division. It is also required that when applying
any insecticides to areas of heavy pedestrian traffic, such as around the
Administration Building, spray application warning flags be clearly displayed to
designate said areas.
(2) Article 1.2 of the Invitation To Bid document has the addition of:
1.2.7 All bidders shall use the Bid Proposal Form Document known as "Bid Proposal
Form" Bid # Dania Beach PW05-01.
(3) Article 2.4 of the Inv.itation To Bid document is replaced in entirety by the following:
2.4 CONTRACT TERMINATION
2.4.1 If the successful bidder fails to provide the services bid, or shall in any other
manner commit a breach of contract and fails to remedy the same within five (5) calendar
days after written notice from the City, the City may terminate the contract resulting from
this bid without any further notice to the successful bidder. City Department
representatives will review the services periodically to assure that the requirements of the
contract have been met. If any work is unsatisfactory, the Contractor shall be contacted,
and the discrepancies corrected, at no additional cost to the City. If deficiencies are not
corrected within two (2) work days, the City's Public Services Department may, at its
option, perform the required service and deduct the cost of the service from that month's
invoice.
2.4.2 In addition, the City reserves the right to terminate the
g contract upon thirty (30)
calendar days' notice, without cause.
(4) Article 6.5 has the following addition:
6.5.3 Payment to be made in monthly amounts.
•
•
f -
4
CITY OF DANIA BEACH
• 100 W DANIA BEA CH BL VD
DANIA BEACH. FL 33004
BID PROPOSAL FORM
BID # DANIA BEACH PW05-01
In accordance with the "Notice to Bidders"titled "Landscaping and Ground Maintenance
Services" for bids to be received by 3:00 p.m. Thursday, June 23, 2005, which is
attached hereto and made a part hereof, the undersigned Bidder proposes the following:
Contract cost—per year, per bid specs:
1) FROST PARK $ 6 L�
2) C.W. THOMAS PARK $ 7 S.� 0 (�
3) MELI PARK $ �� ����. U O
• 4) CHESTER BYRD PARK
5) MULLIKIN PARK $ C(146- p
6) BOATERS PARK $ n ,, 0 C�
7) MILDRED JONES PARK $ 13 c,. (1 G
8) NW 10T" ST PARK $
(A) PARKS TOTAL
x ,
4
9) I.T. PARKER CENTER oo
10)BEACH $ c
11)WATER PLANT
12)CITY HALL
13)FIRE STATION/CHAMBER AREA
14)BOISEY WAITERS CENTER $_� (�S oo
15)DANIA BEACH BLVD
16)FEDERAL HIGHWAY
17)STIRLING RD $J j D. O 6)
18)FIELD BETWEEN DANIA BEACH BLVD. AND NW 2ND ST
JUST EAST OF DANIA JAI-ALAI $ _k `]
19)SW 53RD CT AND SW 31ST AVE. $ qL{
20)NEW GRIFFIN ROAD INCLUDING NW 1 OTH ST.
21) NE 2ID ST.
22) LAKESHORE DRIVE $ y60 ov
23) SW 4TH AVE. FROM SHERIDAN ST. TO STIRLING RD $ 13 0 16716) C)
24) SW & NW 4TH AVE FROM SW IT TO OLD GRIFFIN RD. $ ,3 t) to, (,'C)
25) PHIPPEN RD. 06
26) SE 5TH AVE. $1�
27) INLET RD. / SW 31ST AVE. /LAGOON RD. $ ��Uy � (/0
28) GULFSTREAM RD. $ v 0
29) NW ST ST. AND 8TH AVE $ , 7 qS,O&
30) EAST& WEST CEMETERIES $ ; WO UpvCJ
f .
32) UTILITIES LIFT STATIONS
CONTINGENCY $
TOTAL $ + •]� UU
STATE OF FLORIDA)
COUNTY OF BROWARD)
Submitted this o� l� day of ozcn e, 2005.
Company Name: �- .r�l-(--,n
Address: %� %� ^ ( '� ��ICA
Telephone: �1 �• 6,9 • C��
CZ
Printed name of c mpany representative Signature o company representative
•
Title r� c
Sworn to and subscribed before me this �X � day of ` �.�. ,2005,by
Ir
_ ,who is(personally known or showing identification)
J. C. M1n1liStary Public
olnussionME1174813
Expires:Feb 02 2007
Bonded Thru
Atlantic Bonding Co.,hx.
•
I
LOCATION OF WORK - BID # DANIA BEACH PW 05-01
THE FOLLOWING AREAS ARE TO BE CONSIDERED "DANIA
GROUNDS MAINTENANCE"
ITEMS 1-8) ARE PARKS AND ALL AREAS IN PARKS UP TO EDGE
OF SURROUNDING ROADS ARE TO BE INCLUDED FOR
MAINTENANCE
ITEM 9) I. T. PARKER CENTER - ALL GROUNDS AREAS AROUND
BUILDING TO EDGE OF FRONT PARKING LOT
ITEM 10) BEACH - ALL TREES, SHRUBS, GRASS, ETC. AROUND
PARKING AREA INCLUDING AROUND FOOD STAND AND TREES
AND SHRUBS AT END OF DANIA BEACH BLVD. GOING INTO
BEACH ON HILL, ETC.
ITEMS 11-14) ARE PUBLIC BUILDINGS AND INCLUDE ALL
GROUNDS AREAS UP TO EDGE OF SURROUNDING ROADS.
ITEM 15) DANIA BEACH BLVD. MEDIANS AND RIGHT-OF-WAYS
FROM FEDERAL HWY. TO BRIDGE SKIPPING BUSINESS FRONTS.
ITEM 16) FEDERAL HWY. RIGHT-OF-WAYS FROM SHERIDAN ST.
TO NEW GRIFFIN ROAD SKIPPING BUSINESS AREAS BUT
INCLUDING HEDGES AND TREES FROM DANIA BEACH BLVD. TO
NE/NW 1 ST STREET.
ITEM 17) STIRLING ROAD FROM FEDERAL HIGHWAY TO BRYAN
ROAD, BOTH SIDE RIGHT-OF-WAYS AND MEDIANS, AND FROM
BRYAN ROAD TO FIRST MEDIAN WEST OF I- 95 - MEDIANS AND
RIGHT-OF-WAY NORTH SIDE ONLY.
ITEM 18) EMPTY LOT EAST OF JAI ALAI BETWEEN DANIA BEACH
BLVD. AND NE 2ND STREET.
ITEM 19) OLD GRIFFIN ROAD RIGHT-OF-WAY FROM FEDERAL
HWY. TO NEW GRIFFIN RD SKIPPING BUSINESS FRONTS.
ITEM 20) NEW GRIFFIN ROAD/NW IOTH ST. - FROM FEDERAL
HIGHWAY TO SW 35TH AVE. RIGHT-OF-WAY AND MEDIANS AND
BOTH SIDES OF BUFFER WALL ALONG NW 1 OTH ST.
ITEM 21) NE 2ND ST. FROM NE 3`d AVE. TO CHURCH NORTH SIDE
RIGHT-OF-WAY.
ITEM 22) SHERIDAN ST. NORTH SIDE RIGHT-OF-WAY FROM SE
2"AVE. TO PUBLIX ENTRANCE SKIPPING BUSINESS FRONTS,
ITEM 23) SW 4TH AVE. FROM SHERIDAN ST. TO STIRLING ROAD
WEST SIDE RIGHT- OF-WAY UP TO AND INCLUSIVE OF TREE
LINE.
ITEM 24) SW 4TH AVE. FROM SW 1ST TO DANIA BEACH BLVD.
BECOMING NW 4TH AVE. TO OLD GRIFFIN ROAD - EAST SIDE
RIGHT-OF-WAY UP TO AND INCLUSIVE OF TREE LINE.
ITEM 25) PHIPPEN. ROAD FROM SHERIDAN TO SW I OTH STREET -
EAST SIDE RIGHT- OF-WAY PLUS RIGHT-OF-WAY IN FRONT OF
® EMPTY LOT EAST SIDE 700 BLOCK.
ITEM 26) SE 5TH AVE. FROM SHERIDAN TO DANIA BEACH BLVD.
EAST SIDE RIGHT- OF-WAY SKIPPING IMPROVED LOT FRONTS.
ITEM 27) NE 7`h AVE. RIGHT-OF-WAY FROM TAYLOR LANE TO
NORTH APPROXIMATELY 300 FT., AND RIGHT-OF-WAY FROM
CANAL NORTH OF TAYLOR ROAD TO ELLER DRIVE.
ITEM 28) SW 3OTH AVE. FROM GRIFFIN ROAD NORTH TO BRIDGE
BOTH SIDES RIGHT-OF-WAY.
ITEM 29) GULFSTREAM ROAD FROM NORTH END OF TRAILER
PARK TO NE 2ND ST. EAST SIDE RIGHT-OF-WAY.
ITEM 30) NW 1 ST ST. FROM NW 4TH AVE. TO BRYAN ROAD -
SIDEWALK AREA INCLUDING HEDGES AND TREES.
ITEM 31) NE 1 ST ST. FROM DANIA BEACH BLVD. TO NE 1 ST ST.
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ITEM 32) EAST & WEST CEMETERIES INCLUSIVE TO BORDERING
ROADSEDGE
ITEM 33) LIFT STATIONS #2 AT SE 2ND AVE. AND SE 4TH TERR., #4
AT SE 5TH AVE. IN WATERMARK, LIFT STATION 47 IN C.W.
THOMAS PARK BOUNDARIES, LIFT STATION #11 ON TAYLOR
LANE AND LIFT STATION #12 ON NW 7TH AVE.
ADDENDUM # 2
For The
City of Dania Beach
Grounds and Right-of-Way Maintenance
I) Section 2, Article 2.1 has the addition of:
The successful bidder shall supply a Performance Bond for, 10% of the Contract
Price made payable to the City of Dania Beach within ten (10) days of
notification of award of contract.
Z) Section 1, Article 1.1.2 a (see Addendum 1) has the addition:
Contractor or Subcontractor doing tree pruning or supervisor must comply with
Dania Beach City.Code: Chapter 26, Article III, Section 26-32, requiring firm or
person to be member in good standing with the "National Arborist Association"
and Section 26-35, Definitions as well as all applicable sections of Articles XIS
and XV of the Broward County Code. Contractor must provide proof of
certification,by, or acceptance of, persons or firm by the "National Arborist
Association."
3) Section 1, Article 1.1.2 has the addition:
• r. All areas are to be maintained in a condition acceptable to the Director of Public
Services or his designee. All work to start no earlier than 7:00 a.m. No work shall be
done after sunset or on Sunday without specific instructions from this office.
s. When mowing in traffic arterial medians, personnel are required to wear a
safety vest. Proper safety signage (A frame signs), such as " Men Working Ahead",
cones, flagmen or other warning devices shall be used to alert motorist of work in the
area. All signs shall be temporary and must be in accordance with the Florida
Department of Transportation's manual on uniform traffic control devices and safe
practices. OSHA standard shall be utilized where applicable.
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