3THE CITY OF PLEASANT LIVING
To:
FROM:
VIA:
DATE:
SUBJECT:
BACKGROUND:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Angelica Bueno, Planning & Sustainability Administrator
August PI, 2017 Agenda Item No.:3
A Resolution authorizing the City Manager to execute a contract with Main'guy landscape
Services for the South Miami Community Redevelopment Area (CRA) Tree Planting Project
as per Neat Street Grant agreement with Miami-Dade County in an amount not to exceed
$20,200.
Earlier this Spring, Miami-Dade County, through its Office of Neat Streets Miami, awarded the
City of South Miami a grant of $10,000 for the Community Redevelopment Area (CRA) Tree
Planting Project (please see Resolution No. 069-17-14870). The City would contribute a
$10,000 match and plant fifty (50) trees of a variety of species.
On June 6, 2017, the City published an Invitation To Quote #lTQ-PL2017-14 requesting
landscape services for the project. Due to Miami-Dade County's concern that the $20,000
project budget wouldn't be enough to cover the cost of fifty (SO) trees, the solicitation
requested that each vendor submit two quote forms: Quote #1, for the initial goal offifty (SO)
trees and Quote #2, for an alternative of thirty-three (33) trees.
On June 20 th, _ 2017, five proposals were received for the ITQ. The results showed that
Mainguy landscape Services was the lowest bid for Quote #2, with a proposed cost of
$22,200; an additional $2,200 above the $20,000 Grant Agreement budget.
Miami-Dade County has agreed to reduce the number of trees to thirty (30) to reach a cost
approximate to the Grant Agreement budget. The final contract amount will not exceed
$20,200 with a reduced number of thirty trees. See chart below.
Mainguy Landscape Services:
AMOUNT TYPE OF TREE UNIT PRICE MAINTENANCE TOTAL
5 SOUTHERN LIVE OAK TREES 12 FEET $650 $150 $4,000
6 BLACK IRONWOOD 12 FEET $650 $150 $4,800
6 PIGEON PLUM 12 FEET $450 $150 $3,600
6 DAHOON HOLLY 12 FEET $450 $150 $3,600
7 CRAPE MYRTLE $450 $150 $4,200
30 TOTAL $20,200
THE CITY OF PLEASANT LIVING
VENDOR:
CONTRACT AMOUNT:
GRANT AMOUNT:
MATCH AMOUNT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The price of the trees is higher than the City has paid for other tree planting projects recently.
For example, a recent bid from Elegua's Nursery listed a price of $285 for a 12-foot Crape
Myrtle and $185 for a lO-12-foot Southern Live Oak. Elegua's bid, however, did not include
planting or maintenance, nor did they provide a warranty. Mainguy's bid includes planting,
three (3) months of maintenance, and a one (1) year warranty. The trees to be supplied by
Mainguy will also be larger, with a minimum height of twelve (12) feet.
The City will contribute a total of $10,200, two hundred dollars ($200) more than the original
match of $10,000 mentioned in the Grant Agreement. The Trust Fund will se~ve as the City's
matching fund source.
Mainguy Landscape Services
$20,200
$10,000
$10,200
MATCH ACCOUNT No.: City's Tree Trust Fund 118-1750-519-3450 with a balance of $19,680
ATTACHMENTS: Resolution, Abbreviated Contract~ MDC E-mail approval for a reduced number of
trees, Mainguy Landscape Services submittal, Bid process documents, and
Solicitation package
1 RESOLUTION NO. __ _
2
3
4 A Resolution authorizing the City Manager to execute a contract with Mainguy
5 Landscape Services for the Tree Planting Project, the cost of which is to be
6 partially offset by funds from a Miami-Dade County grant.
7
8 WHEREAS, Miami-Dade County, by and through its Office of Neat Streets Miami, has
9 awarded the City a matching grant not to exceed $10,000. The grant will provide funding for the
10 Community Redevelopment Area (CRA) Tree Planting Project which will allow the City to plant
11 trees inside the CRA; and
12
13 WHEREAS, the original scope anticipated that fifty (50) trees would be planted; and
14
15 WHEREAS, after further consideration, and with County's approval, the City issued a
16 request for quotes for two quantities, fifty (50) and thirty-tree (33); and
17
18 WHEREAS, on June 30th the City's Procurement Department received five (5) proposals
19 in response to the Invitation To Quote #ITQ-PL2017-14; and
20
21 WHEREAS, the lowest bid for thirty-tree (33) trees, from Mainguy Landscape Services,
22 was $2,200 above the budget of $20,000; and
23
24 WHEREAS, Miami-Dade County through its Office of Neat Street Miami Program, has
25 agreed to reduce the number of trees to reach a cost that approximates the grant amount; and
26
27 WHEREAS, the final contract amount will not exceed $20,200 for the reduced number
28 oftrees (30 trees) for the City of South Miami CRA Tree Planting Project; and
29
30 WHEREAS, the City will contribute $10,200 from the Tree Trust Fund which will
31 match the County's $10,000 grant and it will pay the $200 difference between the matching
32 funds and the contract price; and
33
34 WHEREAS, the Mayor and City Commission authorize the City Manager to execute the
35 contract with Mainguy Landscape Services for an amount not to exceed $20,200 for the City of
36 South Miami CRA Tree Planting Project.
37
38 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
40
41 Section 1: The City Manager is hereby authorized to execute the contract with Mainguy
42 Landscape Services for an amount not to exceed $20,200 for the City of South Miami CRA Tree
43 Planting Project. A copy ofthe Contract is attached to this resolution.
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Section 2: Severability. If any section, clause, or phrase of this resolution is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the legitimacy of the remaining portions of this resolution.
Section 3: This resolution shall be effective immediately upon its adoption.
PASSED AND ADOPTED this __ day of ,2017.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
2
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
CONTRACT FOR SUPPLY, INSTALLATION & MAINTENANCE OF NEW TREES IN THE
COMMUNITY REDEVELOPMENT AREA (CRA)
ITQ #PL2017-14
THIS CONTRACT, entered into this __ day of , 20 __ , by the CITY
OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the
"CITY" where applicable; located at 6130 Sunset Drive, South Miami, Fl. , E-mail:
salexander@southmiamifl,gov and Mainguy Landscape Services with an office and principal
place of business located at 1855 South Flamingo Road, Davie, Fl., and E-mail address of
mail@mainguy.com, Phone number of (8n) 741-3030 and Facsimile transmission number
of (8n) 741-3454 (hereinafter called the "CONTRACTOR").
WITNESSETH:
WHEREAS, the CITY is in need of the Supply Installation & Maintenance of New Trees
in the Community Redevelopment Area (CRA); and
WHEREAS, the CITY desires to retain CONTRACTOR to provide the required goods
and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR is
qualified and capable of providing said goods and/or services in a professional and timely
manner and in accordance with the CITY's goals and requirements; and
. WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in
accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
1) Engagement of Contractor: Based on the representations of CONTRACTOR as set
out in the following "checked" documents the CITY hereby retains CONTRACTOR to provide
the goods and/or services set forth in said proposal, quote or response to solicitation,
whichever is applicable, as modified by the Contract Documents, or as is otherwise set forth in
the Contract Documents defined below (all of which is hereinafter referred to as the Work").
(Check the box immediately preceding the document described below to indicate that such document is part of this
Contract)
X Contractor's response to the CITY's written solicitation, Exhibit 1,
Attachment B, Quote #2 and EXHIBIT 1, Attachment B, Revised Quote #2.
2) Contract Documents: The Contract Documents shall include this Contract and the
following "checked documents", as well as any attachments or exhibits that are made a part
of any of the "checked documents".
(Check the box immediately preceding the document described below to indicate that such document is part of this
Contract)
o General Conditions to Contract,
o Supplementary Conditions,
o "Other Documents" referring to in this Contract and signed by the parties,
X Solicitation documents ("hereinafter referred to as "Bid Documents"
including any request for bid, request for proposal or similar request)
Exhibit 3
X Scope of Services, Exhibit 1, Attachment A, C & D
X Contractor's response to the CITY's Bid Documents, Exhibit 1, Attachment
B, Quote #2 and EXHIBIT 1, Attachment B, Revised Quote #2
X Contractor's proposal or quote, Exhibit 1, Attachment B, Quote #2 and
EXHIBIT 1, Attachment B, Revised Quote #2
X CITV's Insurance & Indemnification Requirements, Exhibit 2
Thomas F. Pepe 2016
07/29116
o Bonding of Employees (the term "employee", as used in this Contract, shall
include volunteers) -$1,000,000
1
o Payment Bond,
o Performance Bond,
This Contra'ct and the General Conditions to Contract, Supplementary Conditions, the
Solicitation, Scope of Services and "Other Documents", if any are "checked documents", shall
take precedent over the response to the CllY's Bid Documents, if any, or the proposal or the
quote, if any. The "checked documents" are attached hereto and made a part hereof by
reference.
3) Date of Commencement: CONTRACTOR shall commence the performance of the
Work under this Contract on N/A or a date to be specified in a Notice to Proceed, or Purchase
Order, (hereinafter referred to as the "Work Commencement Date"" and shall complete the
performance hereunder within TBD days or the length of time set forth in the Contract
Documents, whichever is the shorter period of time. Time is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Contract on behalf of the CITY is the City Manager ("Manager"" assistant Manager, or the
Manager's deSignee, who shall be designated in a writing signed by the Manager. The Primary
Contact Person for CONTRACTOR and his/her contact information is as follows: Name: Robert
Mainguy e-mail: mail@mainguy.com ; Phone: (877) 741-3030 Street Address: 1855 South
Flamingo Road, Davie, FL.
5) Scope of Services: The goods and/or services to be provided are as set forth in
the "checked documents".
6) Compensation: The CONTRACTOR's compensation for CONTRACTOR's
performance under the terms and provisions of this Contract, shall be IZITwenty Thousand
Two Hundred ($20,200) Dollars as set forth in CITY's approved Resolution of this Contract. A
onetime lumpsum compensation will be issued by the CITY, upon completioll of the entire
project scope of work from CONTRACTOR, and to the CITY's complete satisfaction.
7) Hours of Work: In the event that this Contract requires the performance of
services, it is presumed that the cost of performing the Work after regular working hours, and
on Sunday and legal holidays, is included in the Contract Price. However, nothing contained
herein shall authorize work on days and during hours that are otherwise prohibited by
ordinance unless specifically authorized or instructed in writing by the City Manager, the
Manager's assistant or designee.
8) Time Provisions: The term of this Contract shall commence on the Work
Commencement Date and shall continue for N/A or until it expires on September 30,2017, or
unless earlier terminated according to the Contract Documents. Notwithstanding the
foregoing, this Contract may be extended by N/A if the extension is in writing and signed by
the City Manager. An extension of the term of this Contract is at the CITY's sole and absolute
discretion.
9) Termination: This Contract may be terminated without cause by the CITY with 30
days of advanced written notice. This provision supersedes and takes precedence over any
contrary provisions for termination contained in the Contract Documents.
10) Applicable Law and Venue: Florida law shall apply to the interpretation and
enforcement of this Contract. Venue for all proceedings shall be in Miami-Dade County,
Florida.
11) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental
body having jurisdiction over any matter related to this Contract or the goods and/or services
to be performed hereunder, and shall commit no trespass on any private property in
performing any of the work embraced by this Contract. Each and every provision and/or
clause required by law to be inserted in this Contract shall be deemed to be inserted herein
Thomas F. Pepe 2016
07129116
2
and this Contract shall be read and enforced as though such provisions and/or clauses were
included herein.
12) Change Orders: No additional Work or extras shall be done unless the same is
duly authorized in writing and in advance of the work by appropriate action by the City
Manager and in accordance with the Contract Documents.
13) licenses and Certifications: Contractor shall secure all necessary business and
professional licenses at its sole expense prior to executing this Contract or commencing the
Work.
14) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the
insurance, indemnification and bonding requirements set forth in the Contract Documents.
15) liquidated Damages: In the event that CONTRACTOR shall fail to complete the
Work within the time limit set forth in the Contract Documents, or the extended time limit
agreed upon, in accordance with the procedure as more particularly set forth in the Contract
I Documents, liquidated damages shall be paid at the rate of ~ dollars per day until the
Work is completed.
16) Jury Trial Waiver: The parties waive their right to jury trial.
17) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written
or oral. The Contract Documents may not be modified or amended except in writing, signed by
both parties hereto and if this Contract is required to be approved by the City Commission, all
amendments thereto must be approved in the same manner and with the same formality as
this Contract. The Contract Documents, in general, and this paragraph, in particular, shall not
be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the
Contract Documents, in whole or part, including the provisions of this paragraph, may be
implied by any act or omission.
18) Public Records: CONTRACTOR and all of its subcontractors are required to comply
with the public records law (s.119.0701) while providing goods and/or services on behalf of
the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all
of its subcontracts for this Project and shall: (a) Keep and maintain public records required by
the public agency to perform the service; (b) Upon request from the public agency's custodian
of public records, provide the public agency with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records
that are exempt or confidential and exempt from public records disclosure requirements are
not disclosed except as authorized by law for the duration of the Contract term and following
completion of the Contract if CONTRACTOR does not transfer the records to the public
agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all
public records in possession of CONTRACTOR or keep and maintain public records required by
the public agency to perform the service. If CONTRACTOR transfers all public records to the
public agency upon completion of the Contract, CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of the
Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the public agency, upon request from the
public agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
Thomas F. Pepe 2016
07/29/16
3
OF PUBLIC RECORDS AT 305-663-6340; E-mail:
mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL
.33143.
19) Background Screening. All personnel and volunteers that will provide any service
with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its
Agency in such related activity or who may have access to secu re or sensitive areas of the City,
must be in compliance with Level II Background Screening and fingerprinting requirements as
per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer.
CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in
any such related activities without having passed a background screening to the satisfaction of
the City. A violation of this requirement shall constitute a substantial breach of this Contract.
20) Drug Free Workplace. CONTRACTOR shall comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this
Contract by reference.
21) Transfer and Assignment. None of the work or services under this Contract shall
be subcontracted or assigned without prior written consent from the CITY which may be
denied without cause.
22) Notices. All notices given or required under this Contract shall be deemed
sufficient if sent by a method that provides written evidence of delivery, including e-mail and
facsimile transmission and delivered to CONTRACTOR or his designated contact person.
Return of mail, sent to the address contained herein for the parties or their contact persons,
as not deliverable or for failure to claim themail shall be deemed received on the date that
the mail is returned to sender.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the
date first above written, with full knowledge of its content and significance and intending to
be legally bound by the terms hereof.
Witnessed:
By: __________ _
ATIESTED:
By: _______ _
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof:
By: ________ _
City Attorney
Thomas F. Pepe 2016
07/29/16
[Individual or entity's name]
By: _______ _
[name of signatory]
CITY OF SOUTH MIAMI
By: ________ _
Steven Alexander
City Manager
4
EXHIBIT 1
Scope of Services
Attachment A
"Supply, Installation, and Maintenance of New Trees in Community Redevelopment Area
(CRA)"
ITQ #Pl2017-14
Background and Scope of Services
The City of South Miami is seeking proposals from experienced and capable parties to supply,
plant and maintain Florida native trees in the City of South Miami, Community Redevelopment
Area (CRA); refer to Scope of Services, Attachment C, "Location Map./I
The work specified in this Invitation to Quote (ITQ) shall consists offurnishing all goods, materials,
supplies and planting services and a period for maintenance services. This includes, but is not
limited to, furnishing all labor of Contractor and all allowable subcontractors, disposal of
materials, and cost of machinery, tools, transportation, equipment rental, supervision, and
required permits to provide and install trees throughout the City of South Miami CRA. The work
shall meet all the needs described in this Scope of Services. Work shall include but not be limited
to installing trees, planting soil, and mulch.
Permit fees are waived for permits required to be issued by the City of South Miami. Permit fees
from other government entities, if required, shall be the responsibility of the
Respondent/Contractor. It is the responsibility of Respondents/Contractors to secure all permits
that may be required for this project.
Scope of work shall include: installation, backfilling, fertilizing, mulching, staking and guying
where required, watering, pruning, weeding, cleanup, maintenance and guarantee for one-year
period.
The Following Native Tree Species Shall Be Provided:
Black Live Oak:
Black Ironwood:
Pigeon Plum:
Dahoon Holly:
Crape Myrtle:
Balled and burlapped (B&B) or Container Grown (CGL 14 to 16 ft. height
Balled and burlapped (B&B) or Container Grown (CGL 14 to 16 ft. height
Container grown (CGL 12 ft. to 14 ft. height
Container grown (CGL 12 ft. to 14 ft. height
Container grown (CGL 12 ft. to 14 ft. height
Planting and Tree Specifications:
Trees provided and planted by the Contractor must be in height specified above and must be 4'
to 6' of clear trunk. Tree species shall be governed by the terms dictated by the State of Florida
and Miami-Dade County Best Management Practices.
5
• Trees shall have a minimum overall height of 12 feet and 2-inch caliper at time of
installation.
• When installed in roadways, trees shall have a maximum average spacing of 35' on center,
and be placed within! 7' of the edge of the hardscapes: curbs, sidewalks, roadway
pavement and/or where present, within 7' of the sidewalk.
• Ensure that trees are installed in a way that comply with site triangle regulations, and not
planted within no planting zones.
• If trees are proposed under overhead power 'Iines, these shall have a minimum overall
height of 8 feet and a minimum caliper of l~-inch at time of planting. The maximum
average spacing in this case shall be 25 feet.
• All trees shall have and be maintained with a trunk clearance of 4 feet.
• All trees must conform to the standards for a Florida No.1 or better, as provided in the
most current edition of the "Florida Grades and Standards for Nursery Plants".
• Contractor will find a method of installation in the attached Resolution No. 069-17-
14870, Scope of Services, Attachment D, and as part of this solicitation.
• Contractor is encouraged to review the Miami Dade County Landscape Ordinance,
Chapter 18 A -Sec. 18A-6. -Minimum standards, find all references at:
(http://www.miamidade.gov/zoning/library/studies/landscape-code-chapter18A.pdf),
to ensure that the tree installation will be in full compliance with the County's
requirements. If this chapter conflicts with any statement in this scope of work, the more
stringent limitation or requirement shall govern or prevail to the extent of the conflict
NOTE: CONTRACTOR WILL BE DIRECTED BY THE CITY'S PROJECT MANAGER FOR THE SPECIFIC
LOCATION AND NATIVE TREE SPECIES TO BE PLANTED IN THE eRA AREA. REFER TO Scope of
Services, Attachment C, "Location Map."
Maintenance and Warranty:
The contractor shall provide a maintenance service for a minimum period of 3-months to ensure
a healthy and long life of the tree. Maintenance shall include: watering, mulching, fertilizing (if
needed). Watering schedule shall be provided with a minimum but not limited to 3 times per
week over the 3-month period.
Should the trees planted by the Contractor die or, is beyond reasonable health during the one-
year period, Contractor shall replace the tree at no charge to the City. In this case, Contractor
will remove the unhealthy or dead tree, dispose of the tree as appropriate and plant a
replacement tree, as directed by the City, in or near the same location. The City will make the
sole determination should a tree need to be replaced. Trees replaced in this case shall be
warranted for one year. The City will indicate a general area where the tree(s} should be planted.
At a minimum, Contractor shall warranty the planted trees for a period of one (1) year from the
installation/planting date.
6
Project Duration:
The current estimate to complete the project is 30 calendar days from issuance of a Purchase
Order. Work Activity is limited to the hours from 7:00 AM to 5:00 PM, on weekdays from Monday
through Friday.
NOTE: THE CITY RESERVES THE RIGHT TO ENTER IN AGREEMENT WITH THE CONTRATOR AT
THE QUOTED PRICES PROVIDED BY THE RESPONDENTS TO THIS SOLICITATION. THEREFORE,
RESPONDENTS ARE TO QUOTE THE COST OF THE TREES, INSTALLATION, AND 3-MONTHS
MAINTENANCE AS THE SCOPE OF WORK IN THIS SOLICITATION. PLEASE REFER TO SCOPE OF
SERVICES, ATTACHMENT B. "BID FORM."
7
EXHIBIT 1
Scope of Services
"Lump Sum Proposal"
Attachment 8
"Supply, Installation, and Maintenance of New Trees at eRA South Miami"
ITQ# PL2017-14
RESPONDENTS SHAll COMPLETE BOTH QUOTE #1 & QUOTE #2. THE CITY WilL SELECT EITHER
QUOTE #1 OR QUOTE #2 AND AWARD THE PROJECT TO A SINGLE CONTRACTOR. FAILURE TO
COMPLY WITH THE TERMS OF THE "BID FORM" WilL RENDER YOUR PROPOSAL NON-
RESPONSIVE
gUOT£#l:
Number TREE UNIT COST OF Unit Price TOTAL COST OF
of Trees TREES maintenance
10 Black Live Oak 650.00 150.00
10 Black Ironwood $ 650.00 $ 150.00 $ 8,000.00
10 Pigeon Plum $ 450.00 $ 150,00 $ 6,000.00
10 Dahoon Holly $ 450.00 $ 150.00 $ 6,000.00
10 Crape Myrtle $ 450.00 $ 150.00 $ 6,000;00
LUMP SUM TOTAL: $ 34,000.00
gUOTE#2:
" .. -
Number TREE UNIT COST OF Unit Price TOTAL COST OF
of Trees TREES maintenance TREES
5 BtackLive Oak
650.00 150.00 $ 4,000.00
7 Black Ironwood $ $ $
5,600.00 650.00 150.00
7 Pigeon Plum $
450.00
$
150.00 $ 4,200.00
7 Dahoon Holly $
450.00 $ 150.00 $ 4,200.00
7 Crape Myrtle $ 450.00 $ 150.00 $ 4,200.00
LUMP SUM TOTAL: $ 22,200.00
5
8
NOTE: THE CITY RESERVES THE RIGHT TO PURC.HASE THE TREES AT THE QUOTED PRICES
PROVIDED BY THE RESPONDENTS TO THIS SOLICITATION. THEREFORE1 RESPONDENTS ARE TO
QUOTE THE COST OF THE TREES AND INSTALLATION.
SUBMITIED THIS 22nd DAY OF
President
Title
__ -=.J;::,:un:..;.;:e::....... ____ 20 17
6
(877) 7 41 ~3030
Telephone Number
(877} 741-3454
Fax Number
mail@mainguy.com
Email Address
9
EXHIBIT 1, Attachment B,
Revised Qu ote #2
Kulick, Steven P
ITQ #PL2017-14
From:
Sent:
Rob Mainguy <rmainguy@mainguy.com>
Thursday, July 06, 2017 9:36 AM
To: Kulick, Steven P
Subject: RE: ITO #PL2017-14
This will confirm our acceptance of the revised Quote #2 in the total sum of $20,200 as reflected in your email below.
Thank you very much.
From: Kulick, Steven P [mailto:SKulick@southmiamifl.gov]
Sent: Thursday, July 6, 2017 9:29 AM
To: Rob Mainguy I
Cc: Webster, John; Tompkins, Jane; Bueno, Angelica; Menendez, Maria M.
Subject: FW: ITQ #PL2017-14
Importance: High
Please review the corrected chart in the attached email below. The total is $20,200 for 30
trees. Please confirm your acceptance.
Thanks,
Steven Kulick, C.P.M.
Chief Procurement Officer/Procurement Division
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamif/.gov
From: Bueno, Angelica
Sent: Thursday, July 06,20179:23 AM
To: Kulick, Steven P <SKulick@southmiamifl.gov>
Cc: Webster, John <JWebster@southmiamifl.gov>; Tompkins, Jane <JTompkins@southmiamifl,gov>; Menendez, Maria
M. <MMenendez@southmiamifl,gov>
Subject: RE: ITQ #PL2017-14
Hello Steve,
Excuse the error, this chart has been revised and saved many times, I copied an old draft.
Find the corrected chart below, please forward to and ask Mainguy to reply his acceptance.
1
10
AMOUNT TYPE OFTREE
5 SOUTHERN LIVE OAK TREES 12 FEET
6 BLACK IRONWOOD 12 FEET
6 PIGEON PLUM 12 FEET
6 DAHOON HOLLY 12 FEET
7 CRAPE MYRTLE
30 TOTAL
Thank you very much
Angelica Bueno
Planning & Sustainability Administrator
T: 305668-2514
(:\ Soulh~L;iamj
. 1·'ll~~10l7"'~.!H-'H'""'"~
From: Kulick, Steven P
Sent: Thursday, July 06,20179:00 AM
UNIT PRICE
$650
$650
$450
$450
$450
To: Bueno, Angelica <ABueno@southmiamifLgov>
MAINTENANCE TOTAL
$150 $4,000
$150 $4,800
$150 $3,600
$150 $3,600
$150 $4,200
$20,200
Cc: Webster, John <JWebster@southmiamifLgov>; Tompkins, Jane <JTompkins@southmiamifLgov>; Menendez, Maria
M. <MMenendez@southmiamifLgov>
Subject: FW: ITQ #PL2017-14
Importance: High
Angelica,
Mainguy has agreed to the reduced amount however, they have pointed out a potential error
in the calculations. Please confirm the amounts and totals on your agenda item.
Thanks,
Steven Kulick, C.P.M.
Chief Procurement Officer/Procurement Division ;1
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamifl.gov
From: Rob Mainguy [mailto:rmainguy@mainguy.com]
Sent: Thursday, July 06,20178:53 AM
To: Kulick, Steven P <SKulick@southmiamifLgov>
Subject: RE: ITQ #PL2017-14
Good morning.
2
11
We would gladly agree to modify our proposal for Quote #2 to reduce the total number of trees as explained
below. However, I believe there is an error in your summary below. First, the total cost of the Pigeon Plum, Dahoon
Holly and Crape Myrtle trees should be $3,600 rather than $3,800 (6 trees x $600.00jeach). That would render a total
revised cost of $19,600. However, the total number of trees adds up to 29 rather than 30. So, I think you intended to
add one additional of either Pigeon Plum, Dahoon Holly or Crape Myrtle trees, which would then total $20,200.
I hope that makes sense.
Thank you very much and please let me know if there is anything else I can do.
From: Kulick, Steven P [mailto:SKulick@southmiamifl.gov]
Sent: Wednesday, July 5, 20174:59 PM
To: Rob Mainguy
Cc: Webster, John; Bueno, Angelica; Tompkins, Jane; Menendez, Maria M.
Subject: ITQ #PL2017-14
Importance: High
Re: Tree Installation Proposal
Attached is Mainguy Landscape Services proposal and the Bid Opening Report for the
referenced ITQ. As referenced in the ITQ, the project will be funded through a Grant
Agreement from Miami-Dade County, ($10,000) in addition to City matching funds for a totai
of $20,000. The City is prepared to move forward with an Award Recommendation, scheduled
for the July 12, 2017 Commission Meeting, for a total amount of $20,200 for this
project. Therefore, the City is requesting your acceptance to modify and reduce the number
of trees for Quote #2, using Mainguy's quoted prices, for a total of 30 trees totaling
$20,200. Please review the modified version of Quote #2 and advise your acceptance by
return email to my attention:
TREE PLANTING PROJECT as per MAINGUY Unit Price Submittal
Amount Type of Tree unit price maintenance Total
5 Southern Live Oak Trees 12 Feet $650 $150 $4,000
6 Black Ironwood 12 Feet $650 $150 $4,800
6 Pigeon Plum 12 Feet $450 $150 $3,800
6 Dahoon Holly 12 Feet $450 $150 $3,800
6 Crape Myrtle $450 $150 $3,800
30 Total $20,200
Your reply is required by no-later than 10 AM tomorrow to meet the deadline for the July 12
Commission Meeting
The Cone of Silence is in effect. All communication relating to this ITQ must be in writing.
3
12
Regards,
Steven Kulick, C.P.M.
Chief Procurement Officer/Procurement Division
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamif/.qov
Email secured by Check Point
Email secured by Check Point
4
13
EXHIBIT 1
S(:ope of Services
Attachment C
"Supply, Installation, and Maintenance of New Trees in Community Redevelopment Area
(CRA)"
ITQ #PL2017-14
LOCATION MAP
14
LOCATION MAP
w ••
• Not To Scale
Attachment C
LANDSCAPE PLAN
Location of Planting
SW 68th Street between 62 Ave & 57 Ave SW 67 Street
between 59 PI & 58 PI
Between 66 to 64 Streets & 59 Ave to 57 Ct.
SW 69 Street between 62 Ave & 59 PI
SW 72 Street between 62 Ave & 61 ct.
15
EXHIBIT 1
Scope of Services
Attachment 0
"Supply, Installation, and Maintenance of New Trees in Community Redevelopment Area
(CRA)"
ITQ #Pl2017-14
RESOUlTION NO. 069-17-14870
16
RESOLUTION NO. 069-17-14870
A Resolution authorizing the City Manager to execute ~1 grant agreement with
Miami-Dade County for the City of South Miami eRA Tree Planting Project
in an amount not to exceed $10,000.
WHEREAS, Miami-Dade County, by and through its Office of Neat Streets Miami, has
awarded the City a matching grant not to exceed $10,000. The grant wilJ provide funding for the
CRA Tree Planting Project which will allow the City to plant a total ofthirty-tlu'ee (33) trees inside
the CRA; and
WHEREAS, the City is required to contribute equal amount of funds for the grant program;
and
WHEREAS, the City will use tlle trust fund account Ne~H-1-W-S4-1-64§G-w4t-h-a-balanee
of$41,956.0Q; and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute the
agreement with Miami-Dade County's Office of Neat Streets Miami and accept the funding amount
of$10,000 for the City of South Miami CRA Tree Planting Project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Manager is hereby authorized to execute the agreement with Miami-
Dade County's Office of Neat Streets Miami for the City of South Miami CRA Tree Planting
Project with an expiration date of August 31 S\ 2017 and accept the funding amount not to exceed
$10,000. The grant agreement is attached to this resolution.
Section 2: That "Bob's Tree Planting Method" (attached) will be incorporated into the
agreement.
Section 2-3: This resolution shall be effective itmllediately after the adoption hereof
PASSED AND ADOPTED this 4th day of April, 2017.
( y: /..d-"'1'.A4 tJ /) \1s: ru;·r"A. t::.t
READ AND p~OVED AS TO 2
LANGUAG LEG'ALITY AND
. COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
COl1Ul1issioner Edmond: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
17
Bob's Tree Planting Method
1. The top roots of the planted tree must at or no more than 2" above ground
level. They must never be below ground level
2. The root ball hole must be 4" wider on each side and 4" deeper than the
root ball
3. A tap root hole 18" deep and 6" diameter must be excavated below the root
ball hole, most easily done with an electric jackhammer and post hole digger.
The tap root hole may not be necessary if a solution hole in the oolitic lime
rock has been discovered by digging the root ball hole.
4. A 28" X 3/4" diameter hole must be drilled below the tap root hole, this is
done with a percussion drill
5. The tap root hole is filled with 70 % sandi 30% organic and compacted,
usually with a 2X4. 50/58 may be used but it should be light in color. Very
dark 58/50 indicates that it has too much organic and not enough sand
6. 3" of loose 70/30 is placed in the bottom of the root ball hole and
compacted down to 2", usually by stomping on it
7. A gently sloping mound of 70/38 3" high in the center is placed in the root
ball hole
8. The tree is placed in the hole. One person holds the tree vertical while
another person crawls around the tree and pushes dirt under the rootball,
feeling with his fingers where voids and air poc/kets are and pushing the dirt
into them. It is best if the person has extra long gloves. The person holding
the tree little by little adds dirt around the tree while the other person
pushes that dirt under the rootball. No water shall be used to move the dirt
under the rootball, as this softens dirt. It is better for stabilizing the
tree if the dirt under and on the side of the root ball has been packed solid.
9. After the dirt has filled the air pockets under the rootball load up the
sides around the rootball with 78/30 halfway high, and then pack it with a
2X4. Repeat: add dirt around the tree and pack it. Pack as much dirt as
possible with the heel of your boot (tennis shoes won't pack the dirt tight
enough) .
10. Finish filling and packing the hole and then build a watering crater
around the tree. Pack that, too with the back of a shovel.
11. Fill the crater with mulch. Place mulch around the crater.
12. Water the tree
18
EXHIBIT 2
INSURANCE & INDEMNIFICATION REQUIREMENTS
Supply, Installation & Maintenance of New Trees in the Community Redevelopment Area (CRA)
ITQ #PL20 17-14
Insurance Requirements
Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at
its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below
as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the
contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.
No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and.such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall
purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell
insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a
minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the
Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or bya
Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of
them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit
acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury,
occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily
injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because
of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages
because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims
involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to
be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the
"Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability, contractual liability, severability of interest with
cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single
limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved
form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
19
the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, C~llapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the
state of Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non-Owned Vehicles
(c) Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract
shall contain the same insurance provision as set forth in these insurance and indemnification requirements, other
than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM
where applicable.
Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk
Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of
construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting
a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is
included in the Contract, or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of
the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may
appear, and shall also cover the interests of all Subcontractors performing Work.
All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be
responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to
provide continuous coverage as specified in this section and so as to maintain coverage during the life of this
Contract.
All deductibles must be declared by the FI RM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form
satisfactory to the CITY covering the same.
The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY
reserves the rightat any time to request a copy of the required policies for review. All policies shall contain a
20
"severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as
contractual liability provision covering the, Contractors duty to indemnify the City as provided in this Agreement.
Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT, if any, certificates of
such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and telephone
number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII
or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida.
All insurance policies' must be written on forms approved by the State of Florida and they must remain in full force
and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its
sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall
include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of
delivery of the insurance certificate, the following endorsements:
a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South
Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and
advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard
Florida approved forms for commercial general liability coverage A and coverage B";
a policy provision or an endorsement with substantially similar prOVisions as follows:
"This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or
materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent
to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be
delivered to the City by certified mail, with proof of delivery to the City."
Contractor's Responsibility
Prior to Receiving a Notice to Proceed
Prior to the City issuing a Notice to Proceed, the contractor shall deliver a copy (either hard copy or,
preferably, electronically) of the policy, including the declaration page of the policy and all endorsements to the
policy and provide the City with the name, address, including email address, and phone number of the
contractor's insurance agent.
The Contractor's insurance agent must provide the City with evidence that the insurer issuing the policy
is licensed and authorized to do business in Florida, that the form of the policy being issued has been approved by
the State of Florida and that the insurance carrier that is issuing the policy is not issuing the policy as a surplus lines
carrier. The agent shall also provide a citation to the page number of the policy, or the form number of the
endorsement, and highlight the relevant language' of the portion of the policy and/or the endorsements that, in his
or her estimation, meets the following City insurance requirements:
a) the city is an additional insured;
b) coverage includes contractual liability;
c) the City will be provided at least 10 days advanced notice of any cancellation of the policy, including
cancelation for non-payment of premium, and at least 30 days' advanced notice of any material changes to the
poliCy or of cancellation for any reason other than non-payment; and
d) either a policy provision or an endorsement providing that the policy is primary and non-contributory,
such as an endorsement that provides that the vendor's policy is primary over all of the city's applicable insurance
and that treats the city's policies' as excess coverage.
It may be that some of these prOVisions are combined into one endorsement or contained in the policy
itself.
If the policy does not have a provision or endorsement that provides the City with advanced notice of
cancellation as required by the City, the contractor may still comply with the City's insurance requirement if the
21
contractor provides the City with proof that the policy premium has been paid in full and provided the contractor
makes arrangements with its insurance company to allow the City to confirm, monthly, that the policy is in full
force and effect. In addition, the Contractor must either pay the City a monthly monitoring fee, currently set at
$25 per month, or have the amount deducted from the Contractor's draws/payments.
Indemnification Requirement
A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which
might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault
of the Contractor or anyone acting through or on behalf of the Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines,
judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs
incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all
appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South
Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any
kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any
property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful
conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement,
incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this
AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees,
successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their
agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to
or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates,
employees, successors and assigns shall be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor,
its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting
through or on behalf of the them, and arising out of or concerning the workor event that is occurring on the
CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way
assumes or shares responsibility or liability for the acts or omissions of the Contractor, its
contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through
or on behalf of them.
E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the
City of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and
this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus,
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct
of the design professional and other persons employed or utilized by the design professional in the performance of
the contract. .
22
EXHIBIT 3
TllffTn nrr-ff,"If.,\'Il!\V!!>.'(,
SUBMITTED TO: Office of the City Clerk
NAME: Maria Menendez, CMC
ADDRESS: 6130 Sunset Drive
CITY/STATE: Miami, Florida 33143
PHONE: 305-663-6339
MANDATORY PRE-QUOTE MEETING:
QUOTE SUBMISSION REQUIREMENTS:
CITY OF SOUTH MIAMI
INVITATION TO QUOTE
ITQ ffPL2017-14
LUMP SUM PROPOSAL
PROJECT:
ADDRESS:
Supply, Installation & Maintenance of New
Tree in the Community Redevelopment Area
(CRA)
6130 Sunset Drive
CITY/STATE: ,.....,.,.....,._~~so::-u:-t'""'h _M.."i,-a m-,..:-i, -::F_I 3~3::1-::4:-3 ""-"--'-:'-""""
ISSUE DATE::...' _~--,~...cF;,-'r.::.ld:..:a.!;y,~).::.·u.::.l).:.e.:.9,-,2::.0:.::~::.?""i . ...c:._i ~~-'--
E-MAIL: skulick@southmiamifl.gov.
DUE DATE: .... : ~~-,-·.::.1.:.0...cA...:M.!;,...:Fr::.Id.::.a""y,-,J.::.u""ri~e.:...73...:.'...c2...c0.::.P...c'...c'·...:·~· . ...:.:'...:....
The Proposal Package shall consist of one (1) original hard copy proposal and one (1) digital (or comparable medium including;
Flash Drive, DVD or CD) all which shall be delivered to the Office of the City Clerk
Quotes submitted after 10 AM on the due date will not be accepted unless otherwise specified in the quote document
'of a time change. All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the on the
envelope needs to read as follOWS:
City of South Miami
Maria M. Menen~ez, CMC
6130 Sunset Drive
South Miami, Fl. 33143
Project Name: Supply, Installation & Maintenance of New Tree in the Community Redevelopment Area (CRA)
Must input project name. If label does not have all information above your quote will not be accepted.
INSURANCE REQUIREMENTS: (EXHIBIT 1)
The CITY'S insurance requirements are attached as (Exhibit 1).
AFFIDAVITS REQUIRED WITH SUBMITTAL: (Exhibit 2)
Respondents must complete and submit with your quote affidavits provided in Exhibit 2.
SIGNED CONTRACT DOCUMENTS WITH SUBMITTAL, (Exhibit 3)
QUESTIONS:
:AnyReqti~stsfor a~ditjonaiiMorri1ation or qUElsiion,sll1Ustbe in wrltlng,emal!Eldbyl() ~Mloc~.I.time on june2(),~oi7toth~> ..
llitte~tlonof~r;.s~e\lI!~KUnck).~u~~~asl~g MaOa~erat~kuiIC~@s!lut~mlal1"1~l.gov.· .. ••..... " '.' .: ....•.. ':;';.!
SCOPE OF WORK DESCRIPTION, Attachment A, B. C & D:
Item Number Item Description Lump Sum Amount
1------+--------LU-M-P-S-U-M-P-R-O-P-O-SA-l---------I··RESf;O~DENfs··;~~tEsij·~BiT:~~!cil~~:·:·
REFER TO ATTACHMENT "B" SCOPE OF SERVICES .. QN~itA!;tiME~niBu·'f ';i.!;j'i(:}
1-_____ +-_______________________ 1 .... ·;.· ·;,l~~P;.SU~~~~~~~A~:".:;.t\:·i; .•
Contractor shall furnish all materials and equipment necessary to secure completion of the work. Contractor shall be
compensated according to the quote submitted. Contractor may choose to submit a quote on company letterhead but must be
attached to this form.
Questions must be submitted in writing, emailed by 10 AM local time on June 20, 2017 to the attention of Steven Kulick,
Purchasing Manager at skulick@southmiamifl.gov.
""
PrinUType Name: Phone:
Signature: Date:
E-mail: Fax:
Firm Name: F.E.I.N, No.:
Address: City: State:
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BYTHE TERMS OF ITS PROPOSAL FAILURE TOSIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN
AUTHORIZED REPRESENTATIVE SHAll RENDER THE PROPOSAL NON·RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOlE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH
UNEQUIVOCAllY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. THE CITY'S REQUEST FOR QUOTES IS FOR THE LOWEST AND MOST RESPONSIVE PRICE. THE CITY RESERVES THE RIGHT TO AWARD THE PROJEcr
TOTHE FIRM CONSIDERED THE BEST TO SERVE THE CITY'S INTEREST.
THE CITY RESERVES THE RIGHT TO AWARD THE PROJECT TO THE PERSON WITH THE lOWEST, MOST RESPONSIVE, RESPONSIBLE PROPOSAL, AS DETERMINED BY THE CITY TO WAIVE ANY IRREGULARITY IN THE
PROPOSAlS OR SOLICITATION PROCEDURE AND SUBJEcr AlSO TOTHE RIGHT OF THE CITY TO AWARD THE PROJEcr, AND EXECUTE A CONTRAcr WITH A RESPONDENT OR RESPONDENTS, OTHER THAN TO THE ONE
WHO PROVIDED THE LOWEST PROSAl OR PRICE OR, IFTHE SCOPE OF WORK IS DIVIDED INTO DlSTINcr SUBDIVISIONS, TO AWARD EACH SUBDIVISION TO A SEPARATE RESPONDENT.
RESPONDENT ACCEPTS All OF THE TERMS AND CONDITIONS OF THE SOLICITATION AND QUOTE SUBMISSION REQUIREMENTS. THIS PROPOSAL Will REMAIN SUBJEcr TO ACCEPTANCE FOR 180 CALENDAR DAYS
AFTER THE PROPOSAL OPENING. THE RESPONDENT, BY SIGNING AND SUBMITIING THIS PROPOSAL, AGREES TO All THE TERMS AND CONDITIONS OF THE FORM CONTRAcrTHAT IS A PART OF THE SOLICITATION
PACKAGE WITH APPROPIATE CHANGES TO CONFORM TO THE INFORMATION CONTAINED IN THIS INVITATION TO QUOTE.
23
Scope of Services
Attachment A
IIS upp ly, Installation, and Maintenance of New Trees in Community Redevelopment Area
(CRA)"
ITQ #Pl2017-14
Background and Scope of Services
The City of South Miami is seeking proposals from experienced and capable parties to supply,
plant and maintain Florida native trees in the City of South Miami, Community Redevelopment
Area (CRA); refer to Scope of Services, Attachment C, "Location Map_ II
The work specified in this Invitation to Quote (ITQ) shall consists offurnishing all goods, materials,
supplies and planting services and a period for maintenance services. This includes, but is not
limited to, furnishing all labor of Contractor and all allowable subcontractors, disposal of
materials, and cost of machinery, tools, transportation, equipment rental, supervision, and
required permits to provide and install trees throughout the City of South Miami CRA. The work
shall meet all the needs described in this Scope of Services. Work shall include but not be limited
to installing trees, planting soil, and mulch.
Permit fees are waived for permits required to be issued by the City of South Miami. Permit fees
from other government entities, if required, shall be the responsibility of the
Respondent/Contractor. It is the responsibility of Respondents/Contractors to secure all permits
that may be required for this project.
Scope of work shall include: installation, backfilling, fertilizing, mulching, staking and guying
where required, watering, pruning, weeding, cleanup, maintenance and guarantee for one-year
period.
The Following Native Tree Species Shall Be Provided:
Black Live Oak:
Black Ironwood:
Pigeon Plum:
Dahoon Holly:
Crape Myrtle:
Balled and burlapped {B&B} or Container Grown {CGL 14 to 16 ft. height
Balled and burlapped {B&B} or Container Grown {CGL 14 to 16 ft. height
Container grown {CGL 12 ft. to 14 ft. height
Container grown {CGL 12 ft. to 14 ft. height
Container grown {CGL 12 ft. to 14 ft. height
Planting and Tree Specifications:
Trees provided and planted by the Contractor must be in height specified above and must be 4'
to 6' of clear trunk. Tree species shall be governed by the terms dictated by the State of Florida
and Miami-Dade County Best Management Practices.
24
• Trees shall have a minimum overall height of 12 feet and 2-inch caliper at time of
installation.
• When installed in roadways, trees shall have a maximum average spacing of 35' on center,
and be placed within 7' of the edge of the hardscapes: curbs, sidewalks, roadway
pavement and/or where present, within 7' of the sidewalk.
• Ensure that trees are installed in a way that comply with site triangle regulations, and not
planted within no planting zones.
• If trees are proposed under overhead power lines, these shall have a minimum overall
height of 8 feet and a minimum caliper of l%-inch at time of planting. Th"e maximum
average spacing in this case shall be 25 feet.
• All trees shall have and be maintained with a trunk clearance of 4 feet.
• All trees must conform to the standards for a Florida No.1 or better, as provided in the
most current edition of the "Florida Grades and Standards for Nursery Plants".
• Contractor will find a method of installation in the attached Resolution No. 069-17-
14870, Scope of Services, Attachment D, and as part of this solicitation.
• Contractor is encouraged to review the Miami Dade County Landscape Ordinance,
Chapter 18 A -Sec. 18A-6. -Minimum standards, find all references at:
(http://www.miamidade.gov/zoning/library/studies/landscape-code-chapter18A.pdf),
to ensure that the tree installation will be in full compliance with the County's
requirements. If this chapter conflicts with any statement in this scope of work, the more
stringent limitation or requirement shall govern or prevail to the extent of the conflict
NOTE: CONTRACTOR WILL BE DIRECTED BY THE CITY'S PROJECT MANAGER FOR THE SPECIFIC
LOCATION AND NATIVE TREE SPECIES TO BE PLANTED IN THE CRA AREA. REFER TO Scope of
Services, Attachment C, "Location Map."
Maintenance and Warranty:
The contractor shall provide a maintenance service for a minimum period of 3-months to ensure
a healthy and long life of the tree. Maintenance shall include: watering, mulching, fertilizing (if
needed). Watering schedule shall be provided with a minimum but not limited to 3 times per
week over the 3-month period.
Should the trees planted by the Contractor die or, is beyond reasonable health during the one-
year period, Contractor shall replace the tree at no charge to the City. In this case, Contractor
will remove the unhealthy or dead tree, dispose of the tree as appropriate and plant a
replacement tree, as directed by the City, in or near the same location. The City will make the
sole determination should a tree need to be replaced. Trees replaced in this case shall be
warranted for one year. The City will indicate a general area where the tree(s) should be planted.
At a minimum, Contractor shall warranty the planted trees for a period of one (1) year from the
installation/planting date.
25
Project Duration:
The current estimate to complete the project is 30 caiendar days from issuance of a Purchase
Order. Work Activity is limited to the hours from 7:00 AM to 5:00 PM, on weekdays from Monday
through Friday.
NOTE: THE CITY RESERVES THE RIGHT TO ENTER IN AGREEMENT WITH THE CONTRATOR AT
THE QUOTED PRICES PROVIDED BY THE RESPONDENTS TO THIS SOLICITATION. THEREFORE,
RESPONDENTS ARE TO QUOTE THE COST OF THE TREES, INSTALLATION, AND 3-MONTHS
MAINTENANCE AS THE SCOPE OF WORK IN THIS SOLICITATION. PLEASE REFER TO SCOPE OF
SERVICES, ATTACHMENT B. "BID FORM. II
26
Scope of Services
"Lump Sum Proposal"
Attachment B
"Supply, Installation, and Maintenance of New Trees at CRA South Miami"
ITQ# ______ _
RESPONDENTS SHALL COMPLETE BOTH QUOTE #1 & QUOTE #2. THE CITY WILL SELECT EITHER
QUOTE #1 OR QUOTE #2 AND AWARD THE PROJECT TO A SINGLE CONTRACTOR. FAILURE TO
COMPLY WITH THE TERMS OF THE "BID FORM" WILL RENDER YOUR PROPOSAL NON-
RESPONSIVE
QUOTE #1:
TREE
I 10 I Black Live Oak $
i
:
10 i Black Ironwood $
10 I Pigeon Plum $
UNIT COST OF
TREES
Unit Price
maintenance
$
$
$
$
$
$
$
$
$ $
I 10 ! Dahoon Holly $
1---10-------------+ Cr-; peMy~t~----------$-----.--... -.--.-.-.--... ----. -----+,-.. -----.-.. ------------... + .. --.--.
i ;
TOTI ~L COST OF
TREES
~. ___ .. ______ ._. ____ . __ .L __ . ______ . ___ . _________ ._. ____ --' ____________ . ____ . _____ ._ .. _._ ... ___ . __ . ___ .. L ___ ... _____ ._ .. ___ ... _. _______________ .. _1 _____ ._ .. _. __ ._. __________ ... __ . _____ .. _______ ,
LUMP SUM TOTAL: $
gUOTE#2:
I Number TREE UNIT COST OF Unit Price TOTAL COST OF] , i
of Trees TREES maintenance TREES I
5 Black Live Oak $ $ $
"-----"-----_ .. ---_._--_._---._-------
7 Black Ironwood $ $ $
7 Pigeon Plum $ $ $
7 Dahoon Holly $ $ $
17 Crape Myrtle $ $ $
I
LUMP SUM TOTAL: $
27
NOTE: THE CITY RESERVES THE RIGHT TO PURCHASE THE TREES AT THE QUOTED PRICES
PROVIDED BY THE RESPONDENTS TO THIS SOLICITATION. THEREFORE, RESPONDENTS ARE TO
QUOTE THE COST OF THE TREES AND INSTALLATION.
SUBMITIED THIS. DAY OF ---
___________________ 20 __ _
PROPOSAL SUBMITTED BY:
Company Telephone Number
Name of Person Authorized to Submit Proposal Fax Number
Signature Email Address
Title
28
Scope of Services
Attachment C
"Supply, Installation, and Maintenance of New Trees in Community Redevelopment Area
(CRA)"
ITQ #PL2017-14
LOCATION MAP
29
LOCATION MAP
w-$-_
• Not To Scale
Attachment C
LANDSCAPE PLAN
Location of Planting
SW 68th Street between 62 Ave & 57 Ave SW 67 Street
between 59 PI & 58 PI
Between 66 to 64 Streets & 59 Ave to 57 Ct.
SW 69 Street between 62 Ave & 59 PI
SW 72 Street between 62 Ave & 61 Ct.
30
Scope of Services
Attachment D
"Supply, Installation, and Maintenance of New Trees in Community Redevelopment Area
(CRA)"
ITQ #PL2017-14
RESOULTION NO. 069-17-14870
31
RESOLUTION NO. 069-17-14870
A Resolution authorizing the City Manager to execute a grant agreement with
Miami-Dade County for the City of South Miami CRA TI'ee Planting Project
in an amount not to exceed $10,000.
WHEREAS, Miami-Dade County, by and through its Office of Neat Streets Miami, has
awarded the City a matching grant not to exceed $10,000. The grant will provide funding for the
CRA Tree Planting Project which will allow the City to plant a total ofthirty-three (33) trees inside
the CRA; and
WHEREAS, the City is required to contribute equal amount of funds tor the grant program;
and
WHEREAS, the City will use th~jJ:1J~t fUI1Q account Ne~+--l-1-W--54-1-64~G-with-a-bala-nee
of$41,956.00; and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute the
agreement with Miami-Dade County's Office of Neat Streets Miami and accept the funding amount
of$10,000 for the City of South Miami CRA Tree Planting Project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Manager is hereby authorized to execute the agreement with Miami-
Dade County's Office of Neat Streets Miami for the City of South Miami CRA Tree Planting
Project with an expiration date of August 31 St, 2017 and accept the funding amount not to exceed
$10,000. The grant agreement is attached to this resolution.
Section 2: That "Bob's Tree Planting Method" (attached) will be incorporated into the
agreement,
Section 2-3: This resolution shall be effective immediately after the adoption hereof
PASSED AND ADOPTED this 4th day of April, 2017.
APPROVED:
plvt;; t,f4/d4
MAY &
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Edmond: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
32
Bob's Tree Planting Method
1. The top roots of the planted tree must at or no more than 2" above ground
level. They must never be below ground level
2. The root ball hole must be 4" wider on each side and 4" deeper than the
root ball
3. A tap root hole lS" deep and 6" diameter must be excavated below the root
ball hole, most easily done with an electric jackhammer and post hole digger.
The tap root hole may not be necessary if a solution hole in the oolitic lime
rock has been discovered by digging the root ball hole.
4. A 20" X 3/4" diameter hole must be drilled below the tap root hole, this is
done with a percussion drill
5. The tap root hole is filled with 70 % sandi 30% organic and compacted,
usually with a 2X4. 50/50 may be used but it should be light in color. Very
dark 50/50 indicates that it has too much organic and not enough\sand
6. 3" of loose 70/30 is placed in the bottom of the root ball hole and
compacted down to 2", usually by stomping on it
7. A gently sloping mound of 70/30 3" high in the center is placed in the root
ball hole
S. The tree is placed in the hole. One person holds the tree vertical while
another person crawls around the tree and pushes dirt under the rootball,
feeling with his fingers where voids and air pockets are and pushing the dirt
into them. It is best if the person has extra long gloves. The person holding
the tree Ii ttle by little adds dirt around the tree while the other person
pushes that dirt under the rootball. No water shall be used to move the dirt
under the rootball, as this softens dirt. It is better for stabilizing the
tree if the dirt under and on the side of the root ball has been packed solid.
9. After the dirt has filled the air pockets under the rootball load up the
sides around the rootball with 70/30 halfway high, and then pack it with a
2X4. Repeat: add dirt around the tree and pack it. Pack as much dirt as
possible with the heel of your boot (tennis shoes won't pack the dirt tight
enough) .
10. Finish filling and packing the hole and then build a watering crater
around the tree. Pack that, too with the back of a shovel.
,
11. Fill the crater with mulch. 'Place mulch around the crater.
12. Water the tree
33
EXHIBIT I
INSURANCE & INDEMNIFICATION REQUIREMENTS
Supply, Installation & Maintenance of New Trees in the Community Redevelopment Area (eRA)
ITQ #PL20 17-14
Insurance Requirements
Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at
its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below
as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the
contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.
No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall
purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell
insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a
minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the
Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of
them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit
acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury,
occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily
injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because
of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages
because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims
involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to
be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the
"Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance. .
Commercial Comprehensive General Liability insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability, contractual liability, severability of interest with
cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single
limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved
form with the same coverage as the primary insurance policy but in the amount of $1 ,000,000 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
34
the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
Busines~ Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the
state of Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non-Owned Vehicles
(c) Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract
shall contain the same insurance provision as set forth in these insurance and indemnification requirements, other
than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM
where applicable.
Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk
Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of
construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting
a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is
included in the Contract, or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of
the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may
appear, and shall also cover the interests of all Subcontractors performing Work.
All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be
responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to
provide continuous coverage as specified in this section and so as to maintain coverage during the life of this
Contract.
All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form
satisfactory to the CITY covering the same.
The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY
reserves the right at any time to request a copy of the required policies for review. All policies shall contain a
35
"severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as
contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement.
Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT, if any, certificates of
such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and telephone
number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII
or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance inthe State of Florida.
All insurance policies must be written on forms approved by the State of Florida and they must remain in full force
and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its
sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall
include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of
delivery of the insurance certificate, the following endorsements:
a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South
Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and
advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard
Florida approved forms for commercial general liability coverage A and coverage B";
a policy provision or an endorsement with substantially similar provisions as follows:
"This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or
materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent
to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be
delivered to the City by certified mail, with proof of delivery to the City."
Contractor's Responsibility
Prior to Receiving a Notice to Proceed
Prior to the City issuing a Notice to Proceed, the contractor shall deliver a copy (either hard copy or,
preferably, electronically) of the policy, including the declaration page of the policy and all endorsements to the
policy and provide the City with the name, address, including email address, and phone number of the
contractor's insurance agent.
The Contractor's insurance agent must provide the City with evidence that the insurer issuing the policy
is licensed and authorized to do business in Florida, that the form of the policy being issued has been approved by
the State of Florida and that the insurance carrier that is issuing the policy is not issuing the policy as a surplus lines
carrier. The agent shall also provide a citation to the page number of the policy, or the form number of the
endorsement, and highlight the relevant language of the portion of the policy and/or the endorsements that, in his
or her estimation, meets the following City insurance requirements:
a) the city is an additional insured;
b) coverage includes contractual liability;
c) the City will be provided at least 10 days advanced notice of any cancellation of the policy, including
cancelation for non-payment of premium, and at least 30 days' advanced notice of any material changes to the
policy or of cancellation for any reason other than non-payment; and
d) either a policy provision or an endorsement providing that the policy is primary and non-contributory,
such as an endorsement that provides that the vendor's policy is primary over all of the city's applicable insurance
and that treats the city's policies as excess coverage.
It may be that some of these provisions are combined into one endorsement or contained in the policy
itself.
If the policy does not have a provision or endorsement that provides the City with advanced notice of
cancellation as required by the City, the contractor may still comply with the City's insurance requirement if the
36
contractor provides the City with proof that the policy premium has been paid in full and p'rovided the contractor
makes arrangements with its insurance company to allow the City to confirm, monthly, that the policy is in full
force and effect. In addition, the Contractor must either pay the City a monthly monitoring fee, currently set at
$25 per month, or have the amount deducted from the Contractor's draws/payments.
Indemnification Requirement
A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which
might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault
of the Contractor or anyone acting through or on behalf of the Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines,
judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs
incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all
appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South
Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any
kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any
property arising out ofa negligent error, omission, misconduct, or any gross negligence, intentional act or harmful
conduct of the Contractor, its contractor/subcontractor or apy of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement,
incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this
AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees,
successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against
them .and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their
agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to
or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates,
employees, successors and assigns shall be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor,
its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting
through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the
CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way
assumes or shares responsibility or liability for the acts or omissions of the Contractor, its
contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through
or on behalf of them.
E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the
City of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and
this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus,
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct
of the design professional and other persons employed or utilized by the design professional in the performance of
the contract.
37
EXHIBIT 2
AFFIDAVITS AND FORMS
SUBMISSION REQUIREMENTS
Supply, Installation & Maintenance of New Trees in the Community Redevelopment Area (CRA)
ITQ #PL2017-14
. This listing indicates the forms and documents required to be submitted for this solicitation and
to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation
requirements listed is mandatory for consideration of response to the solicitation. Additional
documents may be required and, if so, they will be identified in an addendum to this ITQ. The
response shall include the following items:
• Non-Collusion Affidavit
• Public Entity Crimes and Conflicts of Interest
• Drug Free Workplace
• Acknowledgement of Conformance with OSHA Standards
• Federal and State Vendor Listing
• Related Party Transaction Verification Form
• Presentation Team Declaration! Affidavit of Representation
• Signed Contract Document (AII-including General Conditions and
Supplementary Conditions if attached. EXHIBIT 3
38
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
______________________ being first duly sworn, deposes and states that:
(I) He/She/They is/are the _______________________ _
(Owner, Partner, Officer, Representative or Agent) of
the Respondent that has submitted the
attached Proposal;
(2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired, connived
or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly
or indirectly, sought by agreement or collusion, or communication, or conference with any
Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any
other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the
Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance,
or unlawful agreement any advantage against (Recipient), or any person interested in the proposed
Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other
of its agents, representatives, owners, employees or parties of interest, including this affiant.
Signed, sealed and delivered in the presence of:
By:
Witness Signature
Witness Print Name and Title
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this the day of , 20 __ , before me, the undersigned Notary Public of the State
of Florida, personally appeared (Name(s) of individual(s) who appeared before
notary) and whose name(s) is/are Subscribed to the
within instrument, and he/shelthey acknowledge that he/she/they executed it.
Thomas F. Pepe
02-23-15
39
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL OF OFFICE:
Thomas F. Pepe
02-23-15
Notary Public, State of Florida
(Name of Notary Public: Print, Stamp or type as commissioned.)
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
40
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or
proposal for a Contract with a public entity for the construction of repair of a public building or public work, may
not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work
as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount Category Two of
Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor
list".
The award of any contract hereunder is subject to the provIsions of Chapter I 12, Florida State Statutes.
Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who
is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to
I
I
[print name of the public entity]
by ______________________________________________________________ __
[print individual's name and title]
for
----~--------~----~-----------------------------------------------
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
-------,--------------_.)
2. understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States, including, but not limited to , any bid, proposal 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.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or
nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means:
(a) A predecessor or successor of a person 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
Thomas F. Pepe
02-23-15
41
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any 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.
5. understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or proposal or applies to bid or proposal on
contracts for the provision of goods or services let by a public entity, or which otherwise transacts or
applies to transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in management of an
entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. [Indicate which statement applies.]
___ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July I, 1989.
___ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
I, 1989.
___ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July
I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the· Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on
the convicted vendor list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[Signature]
Sworn to and subscribed before me this _____ day of ______________ ,' 20 __ .
Personally known ___________ _
OR Produced identification ________ _
(Type of identification)
Form PUR 7068 (Rev.06/i1/92)
Thomas F. Pepe
02-23-15
Notary Public -State of _______ _
My commission expires _______ _
(Printed, typed or stamped commissioned
name of notary public)
42
DRUG FREE WORKPLACE
Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received
by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or
Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process. Established procedures for processing tie Bids or Proposals shall be
followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business shall:
I) 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 shall be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specified in Subsection (I).
4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working
of the commodities or contractual services that are under Bid, he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) business days
after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
RESPONDENT's Signature: _______________ _
Print Name:
Date:
Thomas F. Pepe
02-23-15
43
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
We, , (Name of CONTRACTOR), hereby acknowledge and agree that as
CONTRACTOR for the Manor Lane Traffic Calming Project as specified have the sole responsibility for
compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and .all State and
local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and TY
Lin International (Consultant) against any and all liability, claims, damages, losses and expenses they may incur
due to the failure of (Sub-contractor's names):
to comply with such act or regulation.
CONTRACTOR
BY: ______________________ ~--___
Name
Title
Thomas F. Pepe
02-23-15
Witness
44
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORYFEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS".
If the Respondent's name Does appear on one or all the "listings" summarized below, Respondents must "Check
if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida
Department of Management Services website:
http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted susp
ended discriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, (hereinafter referred to as the "Declarant") state, under penalty of perjury,
that the following statements are true and correct:
(I) I represent the Respondent whose name is _____________ _
(2) I have the following relationship with the Respondent (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member>(if Respondent is a Limited Liability
Company).
(3) I have reviewed the Florida Department of Management Services website at the following URL address:
http://www.dms.myflorida.com/business_ operations/state _purchasing/ven dor _information/convicted_suspended _ di
scriminatory _ complaints_vendor _lists
(4) I have entered an "x" or a check mark beside each listing/category· set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit.
Check if
Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
FURTHER DECLARANT SA YETH NOT.
(Print name of Declarant)
By: _----:-::-__ ~---:----_
(Signature of Declarant)
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
On this the __ day of _______ , 20 __ , before me, the undersigned authority, personally
appeared who is personally know to me or who provided the.
following identification and who took an oath or affirmed that that he/she/they executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal.
NOTARY PUBLIC:
Thomas F. Pepe
02-23-15
SEAL
Notary Public, State of Florida
(Name of Notary Public: Print,
Stamp or type as commissioned.)
45
RELATED PARTY TRANSACTION VERIFICATION FORM
_______________ ,' individually and on behalf of ______ ---,-_______ _
("Firm")have Name of Representative CompanylVendorlEntity read the City of South Miami ("City")'s Code of Ethics,
Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief:
(I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or
business that I, and/or the Firm, am (are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are) ,
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
_(use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their use a separate names: _______________________ _
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected and/or appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected and/or appointed official or employee.]
(5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
before any board, commission or agency of the City within the past two years other than as
Thomas F. Pepe
02-23-15
46
follows: (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:\PurchasingWendor Registration\ 12.2S.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
______________________ (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed ~nder oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(S) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents,
children, brothers and sisters) have also responded, other than the following:
________________ ~ ____ __:_-___,______,______,___-----(if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (S) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family.]
(9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any .
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed bylaw. Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I
have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements
made hereinabove are true and correct to the best of my knowledge, information and belief.
Signature: _____________ -;-
Print Name & Title: ______________ _
Date: ___________ _
Thomas F. Pepe
02-23-15
47
Sec. 8A-I. -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response
to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
( I ) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b )(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, profeSSional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
Thomas F. Pepe
02-23-15
48
No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships
or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on
or participate in any way in the matter.
(E) Gifts.
( I )Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without
adequate and lawful consideration.
(2)Exceptions. The provisions of paragraph (e)( I) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph(3);
c. Awards for profeSSional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)( I); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in p~ragraphs (b)( I) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(I) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b )( I) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
Thomas F. Pepe
02-23-15
49
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
0) Prohibition on outside employment.
(I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental. occasional or
otherwise. where city time. equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary. detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as prOVided in
section I-II of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city. or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause ..
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(I) through (6) or a member ofthe immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(I) Certain appearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency. in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license. contract, certificate. ruling. decision.
opinion. rate schedule. franchise. or other benefit sought by the third person. Nor shall such person receive any
compensation or gift. directly or indirectly. for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include. but not be limited to. any direct or
indirect interest in any investment, equity. or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
Thomas F. Pepe
02-23-15
50
No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after city service.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)( I) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for
ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject
matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect.
Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request
or application to a city department or agency during the two-year period after his or her service has ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(l) whose city service or employm7nt ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirecdy through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(S) Any person who violates this subsection shall be subject to the penalties provided in section SA-2(p).
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
(Ord. No. 6-99-/680, § 2, 3-2-99)
Editor's note-Ord. No. 6-99-16S0, § I, adopted 3-2-99, repealed §§ SA-I and SA-2 in their entirety and replaced
them with new §§
SA-I and SA-2. Former §§ SA-I and SA-2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634, §§ I (I A-I), I (I A-2) adopted Jan. II, 1969.
Thomas F. Pepe
02-23-15
END OF SECTION
51
PRESENTATION TEAM
DECLARA TION/AFFIDVAIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, shall list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City
Manager. For the purpose of this subsection only, the listed members of the presentation team, with
the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any
registration fees. No person shall appear before any committee on behalf of an anyone unless he or she
has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is
registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525{2}, Florida Statutes, the undersigned, _______ ,' makes the following
declaration under penalty of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person shall appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
NAME TITLE
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, shall not be required to
pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the
time the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below
Executed this __ day of ________ , 20 .
Signature of Representative
Print Name and Title
Thomas F. Pepe
02·23·) 5
Print name of entity being represented
END OF SECTION
52
EXHIBIT 3
CONTRACT FOR SUPPLY, INSTALLATION & MAINTENANCE OF NEW TREES IN THE
COMMUNITY REDEVELOPMENT AREA (CRA)
ITQ ffPl2017-14
THIS CONTRACT, entered into this __ day of ,20 __ , by the CITY OF
SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY"
where applicable; located at 6130 Sunset Drive, South Miami, Flo , E-mail:
salexander@southmiamifl.gov and with an office and
principal place of business located at and E-mail address of
_______ and Facsimile transmission number of (hereinafter called the
"CONTRACTOR").
WITNESSETH:
WHEREAS, the CITY is in need of the Supply Installation & Maintenance of New Trees
in the Community Redevelopment Area (CRA); and
WHEREAS, the CITY desires to retain CONTRACTOR to provide the required goods
and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR is
qualified and capable of providing said goods and/or services in a professional and timely
manner and in accordance with the CITY's goals and requirements; and
WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in
accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
1) Engagement of Contractor: Based on the representations of CONTRACTOR as set
out in the following "checked" documents the CITY hereby retains CONTRACTOR to provide the
goods and/or services set forth in said proposal, quote or response to solicitation, whichever is
applicable, as modified by the Contract Documents, or as is otherwise set forth in the Contract
Documents defined below (all of which is hereinafter referred to as the Work").
(Check the box immediately preceding the document described below to indicate that such document is part of this
Contract)
X Contractor's response to the CITY's written solicitation; or
X Contractor's proposal or quote, or if none,
o As described in paragraph 2 below.
2) Contract Documents: The Contract Documents shall include this Contract and
the following "checked documents", as well as any attachments or exhibits that are made a part
of any ofthe "checked documents".
(Check the box immediately preceding the documentdescribed below to indicate that such document is part of this
Contract)
o General Conditions to Contract,
o Supplementary Conditions,
o "Other Documents" referring to in this Contract and signed by the parties,
X Solicitation documents ("hereinafter referred to as "Bid Documents"
including any request for bid, request for proposal or similar request)
X Scope of Services,
X Contractor's response to the CITY's Bid Documents,
X Contractor's proposal or quote,
X CITY's Insurance & Indemnification Requirements,
o Bonding of Employees (the term "employee", as used in this Contract, shall
include volunteers) -$1,000,000
o Payment Bond,
o Performance Bond,
53
This Contract and the General Conditions to Contract, Supplementary Conditions, the
Solicitation, Scope of Services and {{Other Documents", if any are {{checked documents", shall
take precedent over the response to the CITY's Bid Documents, if any, or the proposal or the
quote, if any. The ({checked documents" are attached hereto and made a part hereof by
reference.
3) Date of Commencement: CONTRACTOR shall commence the performance of the
Work under this Contract on TBD or a date to be specified in a Notice to Proceed, or Purchase
Order, (hereinafter referred to as the ({Work Commencement Date"), and shall complete the
performance hereunder within TBD days or the length of time set forth in the Contract
Documents, whichever is the shorter period of time. Time is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Contract on behalf of the CITY is the City Manager (({Manager"), assistant Manager, or the
Manager's designee, who shall be designated in a writing signed by the Manager. The Primary
Contact Person for CONTRACTOR and his/her contact information is as follows: Name:
____ . _____ e-mail: _____ _ ; Fax: __________ _
Street Address:
5) Scope of Services: The goods and/or services to be provided are as set forth in the
({checked docu ments".
6) Compensation: The CONTRACTOR's compensation for CONTRACTOR's
performance under the terms and provisions of this Contract, or CONTRACTOR's payments in
the event CONTRACTOR is paying the City for the uses of the CITY's property or services,
(hereinafter referred to as the Contract Price) shall be one of the following, as indicated by one
of the following checked box, 0 $ or as set forth in X CONTRACTOR's response
to the CITY's written solicitation, if any, or, if none, then as set out in CONTRACTOR's proposal
or quote, the Scope of Services, or as set forth in, or modified by, one of the Contract
Documents, whichever is applicable.
7) Hours of Work: In the event that this Contract requires the performance of
services, it is presumed that the cost of performing the Work after regular working hours, and
on Sunday and legal holidays, is included in the Contract Price. However, nothing contained
herein shall authorize work on days and during hours that are otherwise prohibited by
ordinance unless specifically authorized or instructed in writing by the City Manager, the
Manager's assistant or designee.
8) Time Provisions: The term of this Contract shall commence on the Work
Commencement Date and shall continue for N/A or until it expires on September 30, 2017, or
unless earlier terminated according to the Contract Documents. Notwithstanding the
foregoing, this Contract may be extended by N/A ifthe extension is in writing and signed by the
City Manager. An extension of the term of this Contract is at the CITY's sole and absolute
discretion.
9) Termination: This Contract may be terminated without cause by the CITY with 30
days of advanced written notice. This provision supersedes and takes precedence over any
contrary provisions for termination contained in the Contract Documents.
10) Applicable Law and Venue: Florida law shall apply to the interpretation and
enforcement ofthis Contract. Venue for all proceedings shall be in Miami-Dade County, Florida.
11) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental
body having jurisdiction over any matter related to this Contract or the goods and/or services
to be performed hereunder, and shall commit no trespass on any private property in performing
any of the work embraced by this Contract. Each and every provision and/or clause required
by law to be inserted in this Contract shall be deemed to be inserted herein and this Contract
shall be read and enforced as though such provisions and/or clauses were included herein.
54
12) Change Orders: No additional Work or extras shall be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and
in accordance with the Contract Documents.
13) licenses and Certifications: Contractor shall secure all necessary business and
professional licenses at its sole expense prior to executing this Contract or commencing the
Work.
14) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the
insurance, indemnification and bonding requirements set forth in the Contract Documents.
15) liquidated Damages: In the event that CONTRACTOR shall fail to complete the
Work within the time limit set forth in the Contract Documents, or the extended time limit
agreed upon, in accordance with the procedure as more particularly set forth in the Contract
Documents, liquidated damages shall be paid at the rate of ~ dollars per day until the Work
is completed.
16) J~ry Trial Waiver: The parties waive their right to jury trial.
17) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement ofthe parties and su persedes any prior agreements, ,written or
oral. The Contract Documents may not be modified or amended except in writing, signed by
both parties hereto and if this Contract is required to be approved by the City Commission, all
amendments thereto must be approved in the same manner and with the same formality as
this Contract. The Contract Documents, in general, and this paragraph, in particular, shall not
be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or 'privilege shall operate as a waiver. No waiver of the
Contract Documents, in whole or part, including the provisions of this paragraph, may be
implied by any act or omission.
18) Public Records: CONTRACTOR and all of its subcontractors are required to comply
with the public records law (s.119.0701) while providing goods and/or services on behalf ofthe
CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its
subcontracts for this Project and shall: (a) Keep and maintain public records required by the
public agency to perform the service; (b) Upon request from the public agency's custodian of
public records, provide the public agency with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records
that are exempt or confidential and exempt from public records disclosure requirements are
not disclosed except as authorized by law for the duration of the Contract term and following
completion of the Contract if CONTRACTOR does not transfer the records to the public agency;
and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records in possession of CONTRACTOR or keep and maintain public records required by the
public agency to perform the service. If CONTRACTOR transfers all public records to the public
agency upon completion of the Contract, CONTRACTOR shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of the,
Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the public agency, upon request from the
public agency's custodian of public records, in a format that is compatible with the information
technology systems of the public agency.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 305-663-6340; E-mail:
55
mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL
.33143.
19) Background Screening. All personnel and volunteers that will provide any service
with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its
Agency in such related activity or who may have access to secure or sensitive areas of the City,
must be in compliance with Levell! Background Screening and fingerprinting requirements as
per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer.
CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in
any such related activities without having passed a background screening to the satisfaction of
the City. A violation of this requirement shall constitute a substantial breach of this Contract.
20) Drug Free Workplace~ CONTRACTOR shall comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this
Contract by reference.
21) Transfer and Assignment. None of the work or services under this Contract shall
be subcontracted or assigned without prior written consent from the CITY which may be
denied without cause.
22) Notices. All notices given or required under this Contract shall be deemed
sufficient if sent by a method that provides written evidence of delivery, including e-mail and
facsimile transmission and delivered to CONTRACTOR or his designated contact person.
Return of mail, sent to the address contained herein for the parties or their contact persons,
as not deliverable or for failure to claim the mail shall be deemed received on the date that
themail is returned to sender.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the
date first above written, with full knowledge of its content and significance and intending to be
legally bound by the terms hereof.
Witnessed:
By: __________ _
ATIESTED:
By: _______ _
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof:
By: _________ _
City Attorney
[Individual or entity's name]
By: _______ _
[name of signatory]
CITY OF SOUTH MIAMI
By: _________ _
Steven Alexander
City Manager
56
Bueno, Angelica
From: Kulick, Steven P
Sent:
To:
Thursday, July 06,20179:37 AM
Rob Mainguy
Cc:
Subject:
Webster; John; Tompkins, Jane; Bueno, Angelica; Menendez, Maria M.
RE: ITQ #PL2017 -14
Thank you.
Steven Kulick, C.P.M.
Chief Procurement Officer/Procurement Division
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamifl.gov
From: Rob Mainguy [mailto:rmainguy@mainguy.com]
Sent: Thursday, July 06, 2017 9:36 AM
To: Kulick, Steven P <SKulick@southmiamifl.gov>
Subject: RE: ITQ #PL2017-14
This will confirm our acceptance of the revised Quote #2 in the total sum of $20,200 as reflected in your email below.
Thank you very much.
--_._------------_._--
From: Kulick, Steven P [mailto:SKulick@southmiamifl.gov]
Sent: Thursday, July 6, 2017 9:29 AM
To: Rob Mainguy
Cc: Webster, John; Tompkins, Jane; Bueno, Angelica; Menendez, Maria M.
Subject: FW: ITQ #PL2017-14
Importance: High
Please review the corrected chart in the attached email below. The total is $20,200 for 30
trees. Please confirm your acceptance.
Thanks,
Steven Kulick, C.P.M.
Chief Procurement Officer/Procurement Division
1
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamifl.qov
From: Bueno, Angelica
Sent: Thursday, July 06,20179:23 AM
To: Kulick, Steven P <SKulick@southmiamifl.gov>
Cc: Webster, John <JWebster@southmiamifl.gov>; Tompkins, Jane <JTompkins@southmiamifl.gov>; Menendez, Maria
M. <MMenendez@southmiamifl.gov>
Subject: RE: ITQ #PL2017-14
Hello Steve,
Excuse the error, this chart has been revised and saved many times, I copied an old draft.
Find the corrected chart below, please forward to and ask Mainguy to reply his acceptance.
AMOUNT TYPE OFTREE
5 SOUTHERN LIVE OAK TREES 12 FEET
6 BLACK IRONWOOD 12 FEET
6 PIGEON PLUM 12 FEET
6 DAHOON HOLLY 12 FEET
7 CRAPE MYRTLE
30 TOTAL
Thank you very much
Angelica Bueno
Planning & Sustainability Administrator
T: 305 668-2514
From: Kulick, Steven P
Sent: Thursday, July 06,20179:00 AM
UNIT PRICE
$650
$650
$450
$450
$450
To: Bueno, Angelica <ABueno@southmiamifl.gov>
MAINTENANCE TOTAL
$150 $4,000
$150 $4,800
$150 $3,600
$150 $3,600
$150 $4,200
$20,200
Cc: Webster, John <JWebster@southmiamifl.gov>; Tompkins, Jane <JTompkins@southmiamifl.gov>; Menendez, Maria
M. <MMenendez@southmiamifl.gov>
Subject: FW: ITQ #PL2017-14
Importance: High
Angelica,
Mainguy has agreed to the reduced amount however, they have pointed out a potential error
in the calculations. Please confirm the amounts and totals on your agenda item.
2
Thanks,
Steven Kulick, C.P.M.
Chief Procurement Officer/Procurement Division
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamifl,gov
s~n.!~.,,~~\·1\
.'\.' ~ ;~''f~''''';;'~'Cf "'~
""-"t,:~
From: Rob Mainguy [mailto:rmainguy@mainguy.com]
Sent: Thursday, July 06,20178:53 AM
To: Kulick, Steven P <SKulick@southmiamifl.gov>
Subject: RE: ITQ #PL2017-14
Good morning.
We would gladly agree to modify our proposal for Quote #2 to reduce the total number of trees as explained
below. However, I believe there is an error in your summary below. First, the total cost of the Pigeon Plum, Dahoon
Holly and Crape Myrtle trees should be $3,600 rather than $3,800 (6 trees x $600.00jeach). That would render a total
revised cost of $19,600. However, the total number of trees adds up to 29 rather than 30. So, I think you intended to
add one additional of either Pigeon Plum, Dahoon Holly or Crape Myrtle trees, which would then total $20,200.
I hope that makes sense.
Thank you very much and please let me know if there is anything else I can do.
From: Kulick, Steven P [mailto:SKulick@southmiamifl.gov]
Sent: Wednesday, July 5,20174:59 PM
To: Rob Mainguy
Cc: Webster, John; Bueno, Angelica; Tompkins, Jane; Menendez, Maria M.
Subject: ITQ #PL2017-14
Importance: High
Re: Tree Installation Proposal
Rob,
Attached is Mainguy Landscape Services proposal and the Bid Opening Report for the
referenced ITQ. As referenced in the ITQ, the project will be funded through a Grant
Agreement from Miami-Dade County, ($10,000) in addition to City matching funds for a total
of $20,000. The City is prepared to move forward with an Award Recommendation, scheduled
for the July 12, 2017 Commission Meeting, for a total amount of $20,200 for this
3
project. Therefore, the City is requesting your acceptance to modify and reduce the number
of trees for Quote #2, using Mainguy's quoted prices, for a total of 30 trees totaling
$20,200. Please review the modified version of Quote #2 and advise your acceptance by
return email to my attention:
TREE PLANTING PROJECT as per MAINGUY Unit Price Submittal
Amount Type of Tree unit price maintenance Total
5 Southern Live Oak Trees 12 Feet $650 $150 $4,000
6 Black Ironwood 12 Feet $650 $150 $4,800
6 Pigeon Plum 12 Feet $450 $150 $3,800
6 Dahoon Holly 12 Feet $450 $150 $3,800
6 Crape Myrtle $450 $150 $3,800
30 Total $20,200
Your reply is required by no-later than 10 AM tomorrow to meet the deadline for the July 12
Commission Meeting
The Cone of Silence is in effect. All communication relating to this ITQ must be in writing.
Regards,
Steven Kulick, C.P.M.
Chief Procurement Officer/Procurement Division
. City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamif/.qov
Email secured by Check Point
Email secured by Check Point
4
Bueno, Angelica
From:
Sent:
To:
Cc:
Subject:
Anderson, Nikki (M DPR) < Nikki.Anderson@miamidade.gov>
Thursday, June 29, 20174:05 PM
Bueno, Angelica
Llorente, Jennifer (MDPR); Lopez, Gabriela (MDPR); Shari Kamali; Tompkins, Jane
Re: South IVllu;;1; -Tree Grant -ITQ #PL2017-14
Good afternoon Angelica, that is fine. Thank you for letting us now.
Thank you,
Nikki
Get Outlook for iOS
From: Bueno, Angelica <ABueno@southmiamifl.gov>
Sent: Thursday, June 29, 2017 9:52:34 AM
To: Anderson, Nikki (MDPR)
Cc: Llorente, Jennifer (MDPR); Lopez, Gabriela (MDPR); Shari Kamali; Tompkins, Jane
Subject: South Miami -Tree Grant -ITQ#PL2017-14
Good morning Nikki,
As per MDC concern regarding the budget, that seemed to be low for the number of trees (50) included in the contract, I
was careful to request two different quotes in the Invitation To Quote (ITQ), one for 50 trees Quote-l and another one
Quote-2 for a reduced number oftrees to 33.
Happened that, the lowest quote that was submitted came for $22,200 to cover the cost of 33 trees (see attached and
chart below); this means $2,200 more than the budgeted. The City is asking, if the number of trees can be reduced and
set for a total of 30 trees, see below chart.
QUOTE TWO as it was submitted by MAINGUY
Number TREE
of Trees
5 Black Live Oak
7 Black Ironwood
7 Pigeon Plum
7 Dahoon Holly
7 Crape Myrtle
Total of 33 trees
Number
of Trees
TREE
UNIT COST OF
TREES
$650
$650
$450
$450
$450
UNIT COST OF
TREES
Unit Price TOTAL COST OF
maintenance TREES
$150 $4,000
$150 $5,600
$150 $4,200
$150 $4,200
$150 $4,200
$22,200
Unit Price TOTAL COST OF
maintenance TREES
1
5 Black Live Oak $650 $150
6 Black Ironwood $650 $150
6 Pigeon Plum $450 $150
6 Dahoon Holly $450 $150
7 era pe Myrtle $450 $150
Total of 30 trees
The City will provide an additional $200 more to its 10K match.
Please respond as soon as possible.
Thank you
Angelica Bueno
Planning & Sustainability Administrator
T: 305 668-2514
11\
Soulh'Miaml
Bit t',!!,f,<,a·~t.f~I'I.-""~,",:.r.'
From: Kulick, Steven P
Sent: Monday, June 26, 2017 9:39 AM
$4,000
$4,800
$3,600
$3,600
$4,200
i"'·,·"·' .. , ',t,<c
To: Bueno, Angelica <ABueno@southmiamifLgov>; Tompkins, Jane <JTompkins@southmiamifLgov>
Cc: Webster, John <JWebster@southmiamifLgov>; Munoz, Armando <AMunoz@southmiamifLgov>; Pough, Quentin
<QPough@southmiamifl.gov>
Subject: ITO #PL2017-14
Importance: High
Re: Supply, Installation & Maintenance of New Trees in the eRA Area
Good morning,
The ITQ closed on June 23 at 10 AM; five proposals were received. The Bid Opening Report
had to be correct since the apparent low bidder, Crondon, made an error in their bid
calculations. Crondon confirmed their error in the attached email dated June 24, 2017. The
low bidder is Mainguy Landscape for Quote #2. Quote #2 represents a reduced number of
trees as compared to Quote #1. It is Procurement's understanding·this project will be funded
by a combination of grant and City funds totaling $20,000. The low bidder and all
Respondents quoted unit prices for trees so the number of trees could be reduced to meet the
budgeted amount of $20,000. However, that will be a decision for Grants/Planning.
Below is a summary of the quotes received:
ITQ PL2017-14
2
CORRECTED: LUMP SUM PROPOSAL; JUNE 23,2017
~~~~~~
LANDSCAPE $34,000.00 LANDSCAPE $22,200.00 1
CRONDON $43,000.00
PLANT
$28,264.32 2 PROFESSIONALS
PLANT CRONDON $28,900.00 3 PROFESSIONALS
VISUAL SCAPE $48,950.00 SFM SERVICES $33,375.00 4
SFM SERVICES VISUAL SCAPE $38,300.00 5
Attached documents for your agenda item, the Corrected Bid Opening Report, including the
email from Crondon; Mainguy Landscape's proposal, Proposal Summary, Demand Star results,
Sun Biz registration for Mainguy Landscape, and the ITQ and Addendums that were issued.
If you have any questions or need additional information, please advise.
Steven Kulick, C.P.M.
Chief Procurement Officer/Procurement Division
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamifl.gov
". .~);;' ....
"·,·T;
3
Project Name:
ITQNO.
Date:
Sent:
THE CITY Of PLEASANT LIVING
ADDENDUM No. #1
Supply, Installation & Maintenance of New Trees in the
Community Redevelopment Area (CRA)
PL2017-14
June 15,2017
Fax/E-mail/webpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents
not modified herein shall remain in full force and effect as originally set forth. It shall be the
sole responsibility of the bidder to secure Addendums that may be issued for a specific
solicitation.
QUESTION #1:
You have one plant listed as a black live oak, do you have a botanical name? I have never
heard of a black live oak tree.
RESPONSE:
The botanical name is Quercus virginiana -southern live oak.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page 1 of1
Project Name:
ITQNO.
Date:
Sent:
THE CITY OF PLEASANT LIVING
ADDENDUM No. #2
Supply, Installation & Maintenance of New Trees in the
Community Redevelopment Area (eRA)
PL2017-14
June 21,2017
Fax/E-mail/webpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Solicitation, and is ,hereby made part of the Documents. All requirements of the Documents
not modified herein shall remain in full force and effect as originally set forth. It shall be the
sole responsibility of the bidder to secure Addendums that may be issued for a specific
solicitation.
QUESTION #1:
Is there a preferred cultivar of crape myrtle?
RESPONSE:
The preferred cultivar is Pink Velour Crape Myrtle and/or Queen Crape Myrtle.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page 1 of1
Member Name
Bid Number
Bid Name
3 Document(s) found for this bid
6 Planholder(s) found.
240 Notified
Supplier Name
Construction Journal, Ltd.
ERM Net Config-SYS
Lukes Landscaping
Lukes Landscaping
Mainguy Landscape Services
VisualScape Inc.
City of South Miami
ITQ-ITQ #PL2017-14-0-
2017/SK
Supply, Installation, and
Maintenance of New Trees
in Community
Redevelopment Area (CRA)
Address 1
400 SW 7th Street
12426 Midpointe Dr.
2711 sw 36th st
2711 SW 36th Street
1855 South Flamingo Road
15980 NW 117 Ave
City
Stuart
Riverview
Dania Beach
Dania Beach
Davie
Miami
State Zip Phone Attributes
FL 34994 8007855165
1. Hispanic
2. Veteran
FL 33578 3212781453
FL 33312 9544311111
FL 33312 9544311111
FL 33325 9543259043
FL 33018 3053622404
ITQ PR2017-14 TREE INSTALL. & MAINTENANCE IN THE CRA AREA
NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER
CRODON, INC
MAINGUY
LANDSCAPE
PLANT
PROFESSIONALS
SFM
VISUAL SCAPE
x
x
x
x
x
,c·PUblic
E~iiW
~tim.~s~~d
.corifiid:s.of . ·.·Infe;e~~i .... ' .. " .
x
x
x
x
x
x
x
x
x
x
x x x x x
x x x x x
x x x x x
x x x x N/A
x x x x N/A
x
x
x
x
x
y
'l. ..
CO(l'erj,y &fi
BID OPENING REPORT
Bids were opened on: Friday, June 23, 2017 after: 10:OOam
For: ITQ # PL 2017-14 Supply, Installation & Maintenance NcwTree@ eRA
COMPANIES THAT SUBMITTED PROPOSALS:
---------.---------------.
1. CRODON, IN·C ....................................... .
2. MAINGUY LANDSCAPE SERVICES......... $ 5LJ lobO. Db
3. PLANT PROFESSIONAtS......................... $ Ll2> , lolq .1D
4. SFM SERVICES, INC ................................ $5'3,d.!:'O.OD
. $~12t~.D()
$ ~Q ,~loY .~.2..
$ ~~ ,2;7.5. D 1)
15. VISUAL SCAPE......... ...... ....................... $4~ I '1S0. tt> $ ~cg\oDO. 0{)
I
THE ABOVE BIDS HAVE NOT BEEN CHECKED.
THE inDS ARE SUBJECT TO CORRECTION AFTER THE lllDS HAVE BEEN COMPLETELY REVIEWlW.
City Clerk, Mk~()j, Q. .Pa3~.t . .
Print me ~I
Witness: ~fNeJJL ~ ~ "-
Pnn Name .
Witness: ___________ _
PriniNamc Signature
'.
1 MAINGUY
LANDSCAPE $34,000.00 MAINGI,JY
LANDSCAPE $22,200.00 1
2 CRONDON $43,000.00 PLANT $28,264.32 2 PROFESSIONALS
3 PLANT
$43,679.70 CRONDON $28,900.00 3 PROFESSIONALS
4 VI$UAl SCAPE $48,950.00 SFM SERVICES $33,375.00 4
5 SFM SERVICES $53,250.00 VISUAL SCAPf $38,300.00 5 .',
t'Quo-\e. '""!. -BO tll'ee.5 e.oo-te. ~~ 2 -S~"r~e.?
~Q'\~' ...;..---
~e>.> . ~(" ~C'a.\'\1-Aq('ee Me-l.l.-t l:;,~~;3e.t ('20~) ~e. nu~e.' o~ -trees weed. -\-0 ~ (e..d.oCe.d. fo ~-\-ree.~ o..t ~'20,Q.OO (06t
t
'!
Scope of Services
"Lump sumPruposa.;t
AttachmentB
"Sup ply,lhstaliatlon, and Maintenance ofJ\iewTreesat eRA South Miami"
ITQ# a'Q1Z ... 14
RESPONOENTSSHALL COMPLETE BOTH QUOTE'! It QUOTE #2. THE CITY WILL SELEtT EITHER
QUOTE #1 OR QUOTE. #2 ANDAWARDtlfEPROJECf TO A, SJNGLECONTRACTOR. FAILURE TO . . '. -.
COMPLY WITH THET£RM$ OF THE "810 FORM" WJU RENDER YOt;JRPROPOSAL NON-
RESPONSIVE
Number
of trees . .
10
TREE
Btack Live Oak
UNIT CO$.TOf
TREES
Unit Price
. maintenance .
$
TOTAL COST OF
TREES
8;000.00
[--io" "'-"'-rB/a~ftrc;nwood --_. "-:''$ .,. 150.00 8,000;OQ
; '10 '--!-pi~'etii1""'um i 150.00 1-$--' ...
(10----·' i OahoonHolly 450.00' "·'-11-·-1-$(:J:OO'-'!$"··
10 ·T-c~aperv1Yrtle-···--tl·-'450~OO"'-" "; $"150',00'" -;-$" ,., ---... -'.----.,
i
_.", ._l. _~ __ .• _.,~._. _. __ ~_" ... _ "._". "
LUMP SUM TOTAL: $ 34,000.00
QUOTE #2:
Numb~r "TREE--" "--U",IT'COSTOi--·····_···-UnTt·Price-'···'·TOTAi'CQST ijF~"-'-
lof Trees TREES : maintenance TREES I $" . ·lalackLive·oak : $ , $ $
LUMP SUM TOTAL~$. __ 2....:2,~20_0_.0_0 __
5
Scope of Services
"Lump Sum Proposal"
Attachment.B
"Supply, Il"Istallation~and Maintenante of New Trees atCRA South Miami"
. . ·ITQn1'l20I7" \4
RESPONOENTS SHALL COMPLETE BOTH QUOTE #1 & QUOTE #2. THE CITY WILL SELECT EITHER
QUOTE ##1 OR QUOTE· ##2 AND AWARD THE :PROJECT TO A .SINGLE CONTRAO'OR. FAILURE TO
COMPLY WITH THE TERMS OF THE "BID FORM" WILL RENDER YOUR PROPOSAL NON·
RESPONSIVE
gUOT£#1:
r-""-~---'.~-~--'"---_W~""'--~-~"--"-'~'"--'-"."l'~"~~'-'~-'-~-"~"~-.'"--'--v·----'i----··--""---~-'--~-'--~-r-""----~-."---~--~-·----; I Number I TREE ! UNIT COST OF i U?it Price I TOTAL COST OF I
i of Trees I I .. TREES I mall"ltenance I . TREES. 1
l .. =~_ ... _ ... _ .. j ... ~la~~.~iv~.~~~_ ......... -L~-J .. C?:~~.?~ ..... -t~ .. <]}a~,Q:) ... l~LI.,.??7.:-~S ......... j
l10 Ji.BlaCk Ironwood j $.) ,.2.Q2.1 ~ .,1 ~q8.CJC> . jl $)~_/tOI.Lf8.: .J
1 10 [PigeonPlum I $~52,k>2.! $98.00 J $L}, ~C)(p.18
i 10 t DahoonHolly i $587.74\$ 9a.fX)! $ (0,857.35
i 10 t Crape Myrtle $ 581 74) $ 98.dD 1 $lvL$5 7.3f,)i
LUMP SUM TOTAL: $ LJ) it 079' .70.
gUOTE#2:
r"Nlimb~r··"TREfT" UNIT C()ST OF "T· -Unii"Prlc"C; -_. r--rOTAlCQSTOF·--
I of Trees i . TREES I maintenance 1 TREES .
is u."Black~i:'~~k.J$J f~'?2~14uJ.~q&,~_~.S,22et.:lo.t
j"islaCkJronwood I $ L 2..9'2..1:) I $ Clf1co : Sq, 7'5 L 0 ~ :
! 7__ : Pigeon Plum .. t.~ ~.5? .~lo.~. ___ j ~_9:eJ~ .. 1~_~~L~4. ~i .
! 7 Oahoo-nHolIy: $ S87.7l1 ,$qO.~! $ tf,&1J.J5 ~.-. ~~'-~-~~. --.----:-...... ~~~"~~ -.~.-~~.-•• ->~ -,~--~-~-'-------.-~-~~. rv " __ Q __ -_~_ -_~~ .~_ -r -._ . __ --_~" ~ ~~ _._ ". _._~
l~. Crape Myrtle _ ........ " .. L~ __ ~~?: .. ~ .~ ... _.J .. ~"'i8;,.QQ.L~_~~_:.~.~ .. ____ .
LUMP SUM TOTAL: $ 28, 2 ~ 'i .32 . i
5
Scope of Services
flLump Sum Proposal ll
Attachment B
"Supply, Installation, and Maintenance of New Trees at CRA South Miami"
ITQ # PL2017-14
RESPONDENTS SHALL COMPLETE BOTH QUOTE #1 & QUOTE #2. THE CITY WILL SElECT EITHER
QUOTE #1 OR QUOTE #2 AND AWARD THE PROJECT TO A SINGLE CONTRACTOR. FAILURE TO
COMPLY WITH THE TERMS OF THE IIBiD FORM" WILL RENDER YOUR PROPOSAL NON-
RESPONSIVE
QUOTE #1:
. --.. .-.------.~.--.-.
Number TREE UNIT COST OF Unit Price TOTAL COST 0 F
of Trees TREES maintenance TREES
10 Black Live Oa k $ 1,165.00 $ 129.50 $ 12,950.00
---~. -' 10 Black Ironwood $ 990.00 $ 110.00 $ 11,000.00
f------------~-.---~~.
10 Pigeon Plum $ 810.00 $ 90.00 $ 9,000.00
------;--._--------
10 Dahoon Holly $ 720.00 $ 80.00 $ 8,000.00
------
10 Crape Myrtle $ 800.00 $ 80.00 $ 8,000.00
.-. --.-.--~
LUMP SUM TOTAL: $ 48,950.00
QUOTE #2:
-.-~ .. -
Number TREE UNIT COST OF Unit Price TOTAL COST OF
of Trees TREES maintenance TREES
5 Black Live Oak $ 1,350.00 $ 150.00 $ 7,500.00
-.--~~,~~~,.-.. ~-.--~-.-.. ---------~-.
7 Black Ironwood $ 1,170.00 $ 130.00 $ 9,100.00
_____ u._
7 Pigeon Plum $ 1,170.00 $ 110.00 $ 7,700.00
f--------"----------f--:----.------------------_ .. __ . __ .-
7 Dahoon Holly $ 900.00 $ 100.00 $ 7,000.00
l' r--:----.. --.--.----
Crape Myrtle $ 900.00 $ 100.00 $ 7,000.00
~-
LUMP SUM TOTAL: $ 38,300.00
5
Scope of Services
"Lump Sum Proposal"
Attachment B
"Supply, Installation, and Maintenance of New Trees at eRA South Miami"
ITQ # P L. -z...o /1 ~ I i
RESPONDENTS SHALL COMPLETE 80TH QUOTE #1 & QUOTE #2. THE CITY WILL SELECT EITHER
QUOTE #1 OR QUOTE #2 AND AWARD THE PROJECT TO A SINGLE CONTRACTOR. FAILURE TO
COMPLY WITH THE TERMS OF THE "810 FORM" WILL RENDER YOUR PROPOSAL NON·
RESPONSIVE
QUOTE #1:
1 10 Black Live Oak I $ I (P 'l $". 0 u $ J,?S, (1) . $ (q? 01:] • C"l)
1 10 Black Ironwood $ ~ 0 (,'2 .S' t? $ -tlt.5.> $ l '2., ?-So. O~
! 10 Pigeon Plum $ $ $ ..,.
L C;;2~.oo l'Z-S-.dO """?<io.oo ________ ~. ___ . ____ . ______ .• _._._. _ .. _______ • ___ ......:....L •. _._. ___ _
1 10 Dahoon Holly $ 5C,"l.. 5" -0 $ 1I')..·~o $ a,1S'D. 0 0 -J t.~o ........... _ .. __ ........... _~~_~~.~ .. ~~~~~ .......................... _ .. ~ ..... _~~.=.:.~? .......... __ ... ~ .. __ ... ~ .. ~:.:.:..~._ .. _ .... ~. __ ._.~Z .. ~~ ... ,: .. ~.~ ............ 1
LUMP SUM TOTAL: $ S~ 2.50. ~
QUOTE #2:
iNumb~r---.-.-TREE---1 UNIT COST 0F"--Unit Price TOTAL COST OF l I of Trees TREES maintenance TREES
LUMP SUM TOTAL: $ 53, 31f. ~ ,
5
1
I
I
, Scope of Services
"lUmp SumProposa'"
Attachment B
"Supply, Installation, and Maintenance of New Trees atCRA South Miami"
ITQ # ______ _
RESPONDENTS SHALL COMPLETE BOTH QUOTE #1 & QUOTE #2. THE CITY WILL SELECT EITHER
QUOTE #1 OR QUOTE #2 AND AWARD THE PROJECT TO A SINGLE CONTRACTOR. FAILURE TO
COMPLY WITH THE TERMS OF THE "BID FORM" WILL R'ENDER YOUR PROPOSAL NON·
RESPONSIVE
QUOTE #1:
··'Nurriber--:----'---TREE ----'--"--T"--UNrr-COST-OF'-'j'-"-unitpric;--'--~----TOTAL'COSTt)'j:----
ofTrees TREES !maintenance ; TREES
LUMP $UM TOTAL: $ 4 1 in 0" ;>
QUOTE #2:
LUMP SUM TOTAL:
llt 0<9 o/~ $_------
5
Kulick. Steven P
From:
Sent:
To:
Subject:
cmd590@comcast.net
Saturday, June 24, 2017 10:00 AM
Ku lick, Steven P
Re: ITQ #PL2017-14
The citys recalculations are correct
The City re-calculated using Grodon's unit prices for trees and maintenance. Based on
the re-calculation the Lump Sum Totals are below:
• Quote #1: $43,000.00
• Quote #2: $28900.00
.1 CRODON,INC
QUOTE #1
Number of UNIT Unit Price TOTAL
TREE COST OF COST OF Trees TREES maintenance TREES
10 Black Live
Oak $300.00 $300.00 $6,000.00
10 Black
Ironwood $850.00 $850.00 $17,000.00
10 Pigeon Plum $500.00 $500.00 $10,000.00
10 Dahoon
HoUy $300.00 $300.00 $6,000.00
10 Crape Myrtle $200.00 $200.00 $4,000.00
LUMP SUM TOTAL $43,000.00
QUOTE #1
Number of UNIT Unit Price TOTAL
TREE COST OF COST OF Trees TREES maintenance TREES
5 Black Live
Oak $300.00 $300.00 $3,000.00
1
7
7
7
7
Mark Donnelly
Crodon Inc.
Black
Ironwood
Pigeon Plum
Dahoon
Holly
Crape Myrtle
11767 S. Dixie Hwy #429
Miami FL 33156
w-305-794-7499
f-305-274-1550
cmd590@comcast.net
$850.00 $850.00
$500.00 $500.00
$300.00 $300.00
$200.00 $200.00
LUMP SUM TOTAL
From: "Steven P Kulick" <SKulick@southmiamifLgov>
To: "cmd590" <cmd590@comcast.net>
$11,900.00
$7,000.00
I $4,200.00
$2,800.00
$28,900.00
Cc: "Maria M. Menendez" <MMenendez@southmiamifLgov>, "Nkenga Payne" <NPayne@southmiamifl.gov>
Sent: Friday, June 23, 2017 11 :24:02 AM
Subject: ITO #PL2017-14
Re: ITQ: Supply, Installation & Maintenance of New Trees in the Community Center
Good morning,
The City has received your submittal for the referenced ITQ. Upon further inspection of your
quote, the City believes there is an error in calculating IILump Sum Totals ll for both Quote #1
and Quote #2. The Lump Sum Totals in your quote, copy attached, are summarized below:
• Quote #1: $4,100.00
• Quote #2: $4,100.00
The City re-calculated using Crodon's unit prices for trees and maintenance. Based on the re-
calculation the Lump Sum Totals are below:
• Quote #1: $43,000.00
• Quote #2: $28900.00
CRODON/INC
QUOTE #1
2
Number of TREE UNIT COST Unit Price TOTAL COST OF
Trees OF TREES maintenance TREES
10 Black Live Oak $300.00 .
I----~-
$300.00 _____ ~.!i,000.00~ __ ....
Black 10 Ironwood $850.00 $850.00 I $17,000.00
. --------------------~~ ...... ~T~·----·--·-1 10 Pigeon Plum $500.00 $500.00 $10,000.00 1--------.. -------_.-
10 Dahoon Holly $300.00 $300.00 $6,000.00
10 Crape Myrtle $200.00 $200.00 $4,000.00 -.-
LUMP SUM TOTAL $43,000.00
QUOTE #1
Number of TREE UNIT COST Unit Price TOTAL COST OF
Trees OF TREES maintenance TREES
5 Black Live Oak $300.00 $300.00 $3,000.00
7 Black
Ironwood $850.00 $850.00 $11,900.00
7 Pigeon Plum $500.00 $500.00 $7,000.00 ,
7 Dcihoon Holly $300.00 $300.00 $4,200.00
7 Crape Myrtle $200.00 $200.00 $2,800.00
LUMP SUM TOTAL $28,900.00
Please advise if the City's interpretation of your quote and Lump Sum Totals are correct orj
confirm Crodon wilfperform the .work at the prices quoted in your submittal, summarized
below:
• Lump Sum Quote #1: $4,100.00
• Lump Sum Quote #2: $4,100.00
Please respond by return email as the solicitation is under the Cone of Silence.
Thanks,
Steven Kulick, C.P.M.
Chief Procurement Officer/Procurement Division
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamifl.gov
3
! [
!
I
!
6/2312017 Detail by Entity Name
Department of State 1 Division of Corporations 1 Search Records 1 Detail By Document Number 1
Detail by Entity Name
Florida Profit Corporation
MAINGUY ENVIRONMENTAL CARE, INC.
Filing Information
Document Number
FEIIEIN Number
Date Filed
Effective Date
State
Status
Principal Address
P04000052934
20-0944467
03/25/2004
03/25/2004
FL
ACTIVE
1855 SOUTH FLAMINGO ROAD
DAVIE, FL 33325
Mailing Address
1855 SOUTH FLAMINGO ROAD
DAVIE, FL 33325
Registered Agent Name & Address
MAINGUY, ROBERT H
1855 SOUTH FLAMINGO ROAD
DAVIE, FL 33325
Officer/Director Detail
Name & Address
Title PD
MAINGUY, ROBERT H
1855 SOUTH FLAMINGO ROAD
DAVIE, FL 33325
Title VP, Secretary
Mainguy, Susan B.
1855 SOUTH FLAMINGO ROAD
DAVIE, FL 33325
Annual Reports
Report Year
2015
Filed Date
02/18/2015
DIVISION OF CORPORATIONS
http://search.sunbiz.orgllnquiry/CorporationSearch/SearchResultDetail?inquirytype=:EntityName&directionType=lnitial&searchNameOrder=MAINGUYENVIRO ... 1/2
612312017
2016
2017
Document Images
01/15/2016
02/10/2017
Detail by Entity Name
02/10/2017 --ANNUAL REPORT!~_V_i_ew_im_ag_e_i_n _P_D_F _fo_nn_a_t _ _____'
01/15/2016 --ANNUAL REPORT View image in PDF fonnat
--------~--------~
02118/2015 --ANNUAL REPORT View image in PDF fonnat
-----~----------'
0212512014 --ANNUAL REPORT View image in PDF fonnat ----------------'
02110/2013 --ANNUAL REPORT View image in PDF fonnat
01/09/2012 --ANNUAL REPORT View image in PDF fonnat .
-----------~-----'
03/16/2011 --ANNUAL REPORT View image in PDF fonnat
--------~--------~
01/25/2010 --ANNUAL REPORT View image in PDF format -----------------'
03/23/2009 --ANNUAL REPORT View image in PDF format
01/04/2008 -ANNUAL REPORT View image in PDF fonnat
-----~------------'
01/08/2007 -ANNUAL REPORT View image in PDF fonnat
01/06/2006 -ANNUAL REPORT View image in PDF fonnat
03/08/2005 --ANN UAL REPORT View image in PDF fonnat
03/29/2004 -Domestic Profit View image in PDF fonnat
hltp:/Isearch.sunbiz.orgtlnquiry/CorporationSearchlSearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=MAINGUYENVIRO ... 212
2017 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P04000052934
Entity Name: MAINGUY ENVIRONMENTAL CARE, INC.
Current Principal Place of Business:
1855 SOUTH FLAMINGO ROAD
DAVIE, FL 33325
Current Mailing Address:
1855 SOUTH FLAMINGO ROAD
DAVIE, FL 33325 US
FEI Number: 20·0944467
Name and Address of Current Registered Agent:
MAINGUY, ROBERT H
1855 SOUTH FLAMINGO ROAD
DAVIE, FL 33325 US
FILED
Feb 10, 2017
Secretary of State
CC8353081929
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in th9 Stata of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Officer/Director Detail :
Title
Name
Address
PD
MAINGUY, ROBERT H
1855 SOUTH FLAMINGO ROAD
City-State-Zip: DAVIE FL 33325
Title
Name
Address
VP, SECRETARY
MAINGUY, SUSAN B.
1855 SOUTH FLAMINGO ROAD
City-State-Zip: DAVIE FL 33325
Date
I hereby certify that the infonnation indicated on this report or supplemenlal report Is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; thai I am an officer or direclor of the corporetion or Ihe receiver or trustee empowered to execule Ihls report as required by Chapter 607, Florida Slatules; and that my name appears
above, or on 8n attachment wah a/l other like empowered.
SIGNATURE: ROBERT MAINGUY PRESIDENT 02/10/2017
Electronic Signature of Signing Officer/Director Detail Date