Solicitation_-_ITB0000029_Tree_Planting_Services.pdf

SECTION 2

ADDITIONAL/SPECIAL TERMS AND CONDITIONS

2.1 PURPOSE

The purpose of this solicitation is to establish a Contract(s) for the furnishing, delivery, and installation of plant material at various locations within Commission Districts 1, 10, 12, and 13 of Miami-Dade County for the Department of Environmental Resources Management (DERM). The services performed under the resulting Contract(s) are eligible for reimbursement under the United States Department of Agriculture (USDA) Forest Service Inflation Reduction Act Urban and Community Forestry Program, which provides funding to support the County's tree planting and urban forest enhancement initiatives.

Accordingly, the Awarded Bidder(s) shall comply with all applicable federal, state, and local laws, regulations, Executive Orders, grant requirements, and Contract provisions governing federally funded projects, including, but not limited to, those established by the USDA Forest Service and Miami-Dade County. Compliance with such requirements is a material condition of the Contract and is necessary to maintain the County's eligibility for federal grant reimbursement. The Awarded Bidder(s) shall furnish all labor, supervision, transportation, plant materials, equipment, tools, supplies, incidentals, and all other resources necessary to properly perform the required services. All work shall be performed in a safe, efficient, and professional manner in accordance with the requirements of this Solicitation, the Contract, and all applicable federal, state, and local laws, regulations, and grant requirements.

2.2 TERM OF CONTRACT

This Contract shall commence on the first calendar day of the month succeeding approval of the Contract by the Board of County Commissioners, or designee, unless otherwise stipulated in writing by the County and shall remain in effect until such time as the goods are delivered and/or services are completed and accepted by the County’s authorized representative.

2.3 METHOD OF AWARD

Award of the Contract(s) will be made to the lowest priced responsive, responsible Bidder per group. Bidders may Bid on any or all groups in the Solicitation. To be considered for award of a group, the Bidder shall offer a price for all items within the group. Items that will be provided to the County at no cost must show a zero (0) in the price line. The County will determine the Bidder for award of each group by totaling the extended pricing for all items within the group. a Bidder fails to offer a price for all items within the group, its offer for the group may be deemed non-responsive.

Groups being solicited:

• Group A – Commission District 1 Right-of-Way Planting

• Group B – Commission District 10 Right-of-Way Planting

• Group C – Commission District 13 Right-of-Way Planting

• Group D – Commission District 12 and Commission District 13 Tree Give-A-Way

2.4 BIDDER REQUIREMENTS

In addition to the requirements detailed in Section 1-General Terms and Conditions, Paragraph 1.2, Instructions to Bidders, the Bidder shall meet the following requirements to be considered for award:

2.4.1 Bidder shall be regularly engaged in the business of providing tree planting services. To demonstrate compliance with this requirement, Bidder shall provide two (2) different references from customers to whom the Bidder has provided or is currently providing the tree planting services as described throughout this Solicitation. In lieu of the references from the Bidder, the County will consider the references from Bidder’s key personnel in accordance with Resolution No. 1122-21.

The references shall include the customer’s company name, and the contact’s name, title, address, telephone number, and e-mail address of the contact person who can verify that the Bidder/Bidder’s key personnel has successfully provided the services being offered to the County. These references shall ascertain to the County’s satisfaction that the Bidder/Bidder’s key personnel have sufficient expertise in the industry, and its firm is properly equipped to perform the required services.

2.4.2 Bidder shall assign a competent representative who is knowledgeable of industry standards and authorized to discuss matters pertaining to the resulting Contract(s) and provide support and information to the County. The Bidder’s representative shall be able to communicate with the County and shall have full authority to act on behalf of the Bidder on all matters related to the resultant Contract. Bidders are required to provide their authorized representative’s name, phone number, and e-mail address. All resources shall be available twenty-four (24) hours a day to provide immediate support and expedite services.

https://www.miamidade.gov/govaction/matter.asp?matter=212675&file=true&fileAnalysis=false&yearFolder=Y2021

2.4.3 Bidder or Bidder’s Subcontractor shall have a minimum of six (6) staff with a minimum one-year experience with either furnishing, delivery, and or installation of plant material; a list of each staff member names and years of experience working in tree planting or similar projects.

2.4.4 Bidder or Bidder’s Subcontractor shall provide a copy of a valid General Hauler Permit issued by the Miami-Dade Department of Solid Waste Management (DSWM).

The Bidder shall provide all the information, documents and/or attachments listed above to be considered for award. All information, documents, and/or attachments listed above are due with the Bid by the solicitation’s end time and date. The County may, at its sole discretion and in its best interest, allow the Bidder to complete, supplement or supply the required information, documents and/or attachments during the bid evaluation period. Failure to provide all the required information, documents and/or attachments with the Bid or, if allowed, as requested by the County during the Bid evaluation period, may result in the Bidder being declared non-responsive or non-responsible.

During the bid evaluation period, the County’s Strategic Procurement Department (SPD) will review the information, documents and/or attachments submitted by the Bidder, may request additional information from the Bidder, and/or obtain additional information from available sources, to completely evaluate the Bidder’s submittal and ascertain that the Bidder meets the stipulated requirements and determine the Bidder’s ability to perform under a resulting Contract. The County shall be sole judge of a Bidder’s compliance with requirements and the Bidder’s ability to perform under a resulting Contract.

Failure to meet the stipulated requirements or to demonstrate ability to perform under a resulting Contract, as determined by the County, may result in the Bidder being declared non-responsible.

During a resulting Contract, the Bidder has an obligation to advise the County of any changes, intended or otherwise, to the evidence given in compliance with the requirements in this Solicitation.

2.5 PRE-BID MEETING (RECOMMENDED)

It is highly recommended that Bidders visit the sites of the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required prior to submitting an offer. No additional allowances will be made because of lack of knowledge of these conditions. A Pre-Bid Meeting is scheduled to take place on Microsoft Teams on Monday, August 10, 2026, at 11:30AM EST (local time).

Microsoft Teams Need help?

Join the meeting now Meeting ID: 264 019 526 560 81 Passcode: CX6pV2bu Dail by Phone: 1-786-628-2782 US, Miami Find local number Phone Conference ID: 543 252 570#

ADA Accommodations If Bidders require an ADA accommodation to participate in site visits (i.e., materials in alternate format, sign language interpreter), please contact the Internal Services Department’s ADA Office five (5) days prior to scheduled conference to initiate your request. The ADA Office may be reached by phone at (305) 375-3566 or via email at:

Skarlex.Alorda@miamidade.gov or Heidi.Johnson-Wright@miamidade.gov. TTY users may reach the ADA Office by calling the Florida Relay Service at 711.

Bidders may coordinate a supervised site visit by emailing james.duncan@miamidade.gov within three (3) business days before the visit date.

2.6 PRICES

The Awarded Bidder’s prices shall be inclusive of all costs, charges, and fees involved. The prices resultant from this Solicitation shall remain fixed and firm for the duration of contract. Additional charges of any kind will not be accepted.

2.7 INSURANCE

The insurance requirements listed under Section 1.22 of the General Terms and Conditions, Paragraph A; Items 1-4 are Deleted in their entirety, and Replaced with following requirements, as follows:

1. Worker’s Compensation Insurance for all employees of the Contractor as required by Florida Statute 440.

https://teams.microsoft.com/meet/26401952656081?p=LWnZkN7gyOFfsmLUKB https://teams.microsoft.com/meet/26401952656081?p=LWnZkN7gyOFfsmLUKB https://teams.microsoft.com/meet/26401952656081?p=LWnZkN7gyOFfsmLUKB mailto:Skarlex.Alorda@miamidade.gov mailto:Heidi.Johnson-Wright@miamidade.gov mailto:james.duncan@miamidade.gov

2. Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence, and $2,000,000 in the aggregate, to include Products and Completed Operations. Miami-Dade County must be shown as an additional insured with respect to this coverage.

3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage.

2.8 ADDITION/DELETION OF LOCATIONS, SERVICES, AND SERVICE ADJUSTMENTS

2.8.1 Additions

Although the Contract(s) identifies the initial locations and planting areas to be serviced, the County reserves the right to add new locations, expand existing planting areas, or otherwise modify the scope of work in accordance with this Paragraph.

The Awarded Bidder(s) shall be invited to submit price quotes for any additional locations. If these quotes are determined to be fair and reasonable, then the additional work will be awarded to the Awarded Bidder(s). Any additional locations shall be added to this contract by a formal contract modification. The County may obtain price quotes for the additional locations from other Bidders in the event that fair and reasonable pricing is not obtained from the Awarded Bidder(s), or for other reasons at the County’s discretion.

2.8.2 Deletions

The County reserves the right to delete locations from the contract when services are no longer required. Such deletions will be made upon seven (7) calendar days’ written notice to the Awarded Bidder(s). All deletions shall be documented through a formal Contract Modification issued by SPD.

2.8.3 Purchase of Additional Services

During the term of the Contract the County may require additional services of a similar nature in this Solicitation. Under these circumstances, a County representative may obtain a price quote from the Awarded Bidder(s). The County reserves the right to award the additional Service to an Awarded Bidder based on the price quoted, to negotiate a price with an Awarded Bidder for the additional Service, or to acquire the additional Service through a separate Solicitation.

All additions of Services authorized by the County shall be formalized by a Contract Modification, originated, and published by SPD.

2.9 COMPLIANCE WITH GOVERNMENT STANDARDS

In addition to the provisions from Section 1, General Terms and Conditions Section, Paragraph 1.14, Federal, State and Local Requirements Compliance, the following provisions apply:

2.9.1 Federal Standards. All services performed and equipment used under this contract shall comply with all applicable federal regulations, including, but not limited to, those issued by: the Occupational Safety and Health Administration (OSHA), including regulations governing workplace safety, employee health, hazard communication, personal protective equipment, and safe operation of landscaping equipment; the National Institute for Occupational Safety and Health (NIOSH) including guidelines for health and safety related to street sweeping activities and debris handling; U.S. Department of Transportation (DOT) and the National Fire Protection Association (NFPA), regarding safety protocols for vehicles, equipment, and personnel. Precautions shall be taken at all times to protect persons and property. The Awarded Bidder(s) shall be solely responsible for any fines, penalties, or corrective actions resulting from non-compliance with these standards. The Awarded Bidder(s) shall also be responsible for providing all necessary Personal Protective Equipment (PPE) to its employees, in accordance with OSHA regulations, to ensure safe performance of the services.

2.9.2 State of Florida Standards. The Awarded Bidder(s) shall comply with all applicable regulations issued by the

Florida Department of Transportation (FDOT) and the Florida Department of Environmental Protection (FDEP).

This includes, but is not limited to, compliance with regulations governing solid waste handling and disposal, stormwater runoff, and roadway maintenance. All debris collected through mechanical or vacuum street sweeping shall be managed and disposed of in accordance with applicable provisions of the Florida Administrative Code, including, but not limited to, the applicable provisions of Chapter 62-701, Florida Administrative Code, governing Solid Waste Management Facilities, and any relevant local or state environmental permitting requirements. The Awarded Bidder(s) shall also ensure that debris handling, and transportation methods do not result in discharge or https://floridadep.gov/waste/content/forms-chapter-62-701-solid-waste-management-facilities https://floridadep.gov/waste/content/forms-chapter-62-701-solid-waste-management-facilities contamination of stormwater systems, in compliance with FDEP's National Pollutant Discharge Elimination System (NPDES) regulations.

2.9.3 Legal Requirements for Pollution Control. The Awarded Bidder(s) shall also comply with the Miami-Dade County

Environmental Protection Ordinance as stated in Chapter 24 of the Miami-Dade Code. This ordinance is made a part of these specifications by reference and may be obtained on the following link: Miami-Dade County Environmental Protection Ordinance, or if necessary, by contacting the Department of Environmental Resources Management (DERM), 701 NW 1 Court, Suite 400, Miami, FL 33136, Telephone (305) 372-6789. Additionally, should the Awarded Bidder(s) be allowed to use chemical means for weed control, a plan shall be submitted for the application of herbicides for approval by the County. The plan shall consist of a list of the materials proposed for use, the Safety Data Sheet (SDS) of each chemical, the manufacturer, trade name, EPA registration number (if applicable), and formulation, the specific proposed applications, the methods of application, the supervision of application, and the training of employees. The County reserves the right to monitor and verify product usage. The use of products containing Glyphosate are prohibited per County Resolution R-621.19. The following links are provided for product information: www.epa.gov/pesticides and www.freshfromflorida.com. The plan should be consistent with UF/IFAS Extension, Florida Friendly Landscaping program, Integrated Pest Management (IPM) best management practices. The County’s user department(s) shall copy DERM on submittals related to the pesticide application plans, all fertilization records, and documents related to the “legal requirement for pollution control.”

2.9.4 Personnel and Equipment. The Awarded Bidder(s) shall ensure that all personnel performing services under this contract are properly trained and, where applicable, licensed and certified in accordance with OSHA and FDOT requirements. Proof of training and certifications shall be made available to the County upon request. All personnel shall be equipped with the appropriate PPE and safety gear as required by OSHA standards. Where minimum specifications are not otherwise identified in this Solicitation, all materials, equipment, and supplies furnished under this Contract shall be new (unless otherwise approved), commercially suitable, and of sufficient quality and durability for their intended purpose. All equipment must be properly maintained and operated in compliance with applicable federal, state, and local regulations and permits. The County’s Project Manager reserves the right to inspect and approve all materials, equipment, and workmanship prior to or during service execution.

2.9.5 Florida Friendly Fertilizer Use on Urban Landscapes.

1) Landscaping Ordinance (Chapter 18A). The Awarded Bidder(s) shall comply with the Miami-Dade County Landscaping Ordinance as stated in Chapter 18A of the Miami-Dade Code. This ordinance is made a part of these specifications by reference and may be obtained on the following link: Miami-Dade County Landscaping Ordinance.

This ordinance provides the minimum landscape standards to enhance, improve and maintain the quality of the landscape, in addition to promoting Florida Friendly landscaping principles. A Guide to Florida Friendly Landscaping is provided by the University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS), available online at https://ffl.ifas.ufl.edu/resources/publications/ .

2) Right-of-Way Landscape Ordinance (Chapter 18B). The Awarded Bidder(s) shall also comply with the Miami- Dade County Right-of-Way Landscaping Ordinance as stated in Chapter 18B of the Miami-Dade Code. This ordinance is made a part of these specifications by reference and may be obtained on the following link: Miami- Dade County Right-of-Way Landscaping Ordinance. This ordinance provides the minimum landscape standards for public rights-of-way within Miami-Dade County to enhance, improve and maintain the quality of the landscape, in addition to promoting Florida Friendly landscaping principles.

3) Florida Friendly Fertilizer Use on Urban Landscapes (Chapter 18C). This Solicitation does not include fertilizer application for the Contract(s). To the extent any fertilizer application takes place on County property it must be in compliance with the County's Fertilizer Ordinance codified in Chapter 18C of the County Code as the "Miami-Dade County Ordinance for Florida Friendly Fertilizer Use on Urban Landscapes". Any fertilizer applicator is required by law to take the UF/IFAS Extension Green Industry Best Management Practices (GI-BMP) Workshop. Any individual applying fertilizer shall possess the FDACS Limited Urban Commercial Fertilizer Applicator Certification, when required by law. Under this contract, it is additionally required that the Awarded Bidder’s site supervisor for any location providing Landscaping Services has completed the Green Industry IFAS Extension Green Industry Best Management Practices class. The Awarded Bidder(s) will be responsible for providing the training certificate(s) for https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH24ENPRBIBAENDEAQPACOARBIBAENENTRFUENENLAPR https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH24ENPRBIBAENDEAQPACOARBIBAENENTRFUENENLAPR https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH24ENPRBIBAENDEAQPACOARBIBAENENTRFUENENLAPR https://www.miamidade.gov/govaction/legistarfiles/MinMatters/Y2019/191159min.pdf https://www.epa.gov/pesticides https://www.freshfromflorida.com/ https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH18AMIDECOLAOR https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH18AMIDECOLAOR_S18A-6MIST https://ffl.ifas.ufl.edu/resources/publications/ https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH18BMIDECORI-WLAOR https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH18BMIDECORI-WLAOR_S18B-4MIST https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH18BMIDECORI-WLAOR_S18B-4MIST https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH18CMIDECOORFLIEFEUSURLA https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH18CMIDECOORFLIEFEUSURLA https://blogs.ifas.ufl.edu/polkco/2025/03/13/green-industries-best-management-practices-gi-bmp-informative-video/ individuals subject to this requirement by contract or by law to the County prior to commencing work; and shall ensure that Awarded Bidder’s landscape practices are implemented in a manner consistent with that training.

Pursuant to Ordinance 21-26, Sec. 18C-4. - Regulations on applying fertilizer on urban landscapes, (A) restrictions on timing of fertilizer application, No applicator shall apply fertilizers containing nitrogen or phosphorus to turf or landscape plants during the period each year beginning on May 15 and ending on October 31 (the "restricted period").

2.9.6 Maintenance Of Traffic (MOT)

The applicable portions of the Public Works Manual, Part I, as it pertains to the maintenance of traffic, and the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD) and subsequent revisions and addenda, as published by the U.S. Department of Transportation, Federal Highway Administration shall apply.

Awarded Bidder(s) shall install and maintain from beginning to end of the maintenance operation, warning signs and/or any other warning and safety devices advising motorists of work being done in the area. All signs shall be temporary and must be removed at the end of the work operation, or at the end of the day whichever comes first.

For additional information link to: http://mutcd.fhwa.dot.gov/kno_2009r1r2.htm; and https://www.motadmin.com/.

2.9.7 Maintenance of Roadways

The applicable portion of the 1991 Edition of the Florida Department of Transportation’s Standard Specifications for Road and Bridge Construction, its supplements and changes, as amended by the General Specifications, shall apply. For additional information link to: https://www.fdot.gov/programmanagement/specs.shtm.

Nothing contained in this Paragraph shall relieve the Awarded Bidder(s) of its obligation to comply with any additional federal, state, or local laws, regulations, ordinances, permits, or regulatory requirements applicable to the work performed under this Contract.

2.10 FEDERAL GRANT REQUIREMENTS – USDA FOREST SERVICE INFLATION REDUCTION ACT URBAN AND

COMMUNITY FORESTRY PROGRAM

2.10.1 Compliance with Federal Grant Requirements. Since the goods and services acquired under the Contract(s) will be funded, in whole or in part, through the United States Department of Agriculture (USDA) Forest Service Inflation Reduction Act Urban and Community Forestry Program, the Awarded Bidder(s) shall comply with all applicable federal statutes, regulations, executive orders, grant conditions, and Contract requirements applicable to federally funded projects. In addition to the requirements set forth in Section 1, General Terms and Conditions, Paragraph 1.62, Compliance with Federal Provisions, the following requirements shall apply:

a) General Federal Compliance. The Awarded Bidder(s) shall comply with the applicable requirements of 2 C.F.R.

Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as adopted and supplemented by USDA through 2 C.F.R. Part 400, including all applicable procurement requirements, contract provisions, record retention requirements, the applicable terms and conditions of the USDA Forest Service Grant Award, and Appendix II to Part 200. The Awarded Bidder(s) shall provide invoices and supporting documentation sufficient for the County to determine that costs charged under the Contract(s) are allowable, reasonable, allocable, and properly documented for purposes of federal reimbursement. The Awarded Bidder(s) shall promptly notify the County of any circumstance that may affect compliance with applicable federal requirements, the eligibility of project costs, or the County’s continued eligibility for federal reimbursement.

b) Pursuant to 2 C.F.R. § 200.321, when subcontracting is permitted under this Contract, the Awarded Bidder(s) shall take all necessary affirmative steps to ensure that small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms are used whenever possible, consistent with Section 1, Paragraph 1.62, Compliance with Federal Provisions, of the General Terms and Conditions. Additionally, the Awarded Bidder(s) shall comply with the applicable requirements of Executive Order 11246, as amended, and 41 C.F.R. §§ 60-300.4, 60-300.5,and 60-741.4 relating to Equal Employment Opportunity, Affirmative Action for Protected Veterans, and Individuals with Disabilities, all of which are incorporated into this Solicitation by reference.

c) Both, Exhibit B – Byrd Anti-Lobbying Certification and Disclosure Statements, and Exhibit C – Suspension and Debarment Certification Form attached to this Solicitation, which are applicable and shall be completed for this https://www.miamidade.gov/govaction/legistarfiles/MinMatters/Y2021/210882min.pdf https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH18CMIDECOORFLIEFEUSURLA_S18C-4REAPFEURLA https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH18CMIDECOORFLIEFEUSURLA_S18C-4REAPFEURLA https://library.municode.com/fl/miami_-_dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH18CMIDECOORFLIEFEUSURLA_S18C-4REAPFEURLA http://mutcd.fhwa.dot.gov/kno_2009r1r2.htm https://www.motadmin.com/ https://www.fdot.gov/programmanagement/specs.shtm https://www.miamidade.gov/resources/strategic-procurement/documents/general-terms-and-conditions-r26-2.pdf https://www.miamidade.gov/resources/strategic-procurement/documents/general-terms-and-conditions-r26-2.pdf https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-300/subpart-A/section-60-300.4 https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-300/subpart-A/section-60-300.5 https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60/part-60-741

Contract. All references to Awarded Bidder in this Solicitation shall mean the same as “Contractor” or any other term used to refer to the party contracting with the County in the resulting Contract.

d) Federal Civil Rights and Nondiscrimination. The Awarded Bidder(s) shall comply with all applicable federal civil rights laws and regulations, including, but not limited to:

• Title VI of the Civil Rights Act of 1964;

• Section 504 of the Rehabilitation Act of 1973;

• The Americans with Disabilities Act of 1990 (ADA);

• The Age Discrimination Act of 1975;

• Title IX of the Education Amendments of 1972; and

• Any implementing regulations and guidance issued by the USDA or other applicable federal agencies.

The Awarded Bidder(s) shall not discriminate on the basis of race, color, national origin, religion, sex, age, disability, or any other protected status in the performance of the Contract.

e) Records Retention, Audit, and Access to Records.

In accordance with 2 CFR §§ 200.334 through 200.338, and USDA Forest Service Award Provisions, the Awarded Bidder(s) shall retain all financial records, supporting documents, statistical records, invoices, payroll records, delivery tickets, planting and installation records, inspection reports, photographs, certifications, correspondence, and all other records pertinent to this Contract for a minimum of three (3) years after the County submits its final expenditure report for the federal award. If litigation, a claim, audit, investigation, or other action involving the records begins before expiration of the retention period, the Awarded Bidder(s) shall retain the records until all such matters and related findings are fully resolved and final action has been taken.

The record-retention period may also be extended by written direction from the County or an authorized federal agency. The Awarded Bidder(s) shall provide the County, USDA Forest Service, Comptroller General of the United States, applicable Inspector General, and any other authorized governmental representative reasonable access to all records, personnel, work sites, materials, and other information necessary to conduct inspections, monitoring, audits, investigations, grant-compliance reviews, or other authorized oversight activities.

f) Access to Sites and Grant Monitoring. Pursuant to 2 C.F.R. Part 200; USDA Forest Service Award Provisions, the Awarded Bidder(s) shall provide the County, USDA Forest Service, Comptroller General of the United States, Inspector General, or any authorized governmental representative reasonable access to project sites, work activities, equipment, materials, personnel, and records for purposes of inspections, monitoring, audits, grant compliance reviews, and project oversight.

g) Flow-Down Requirements. Pursuant to 2 C.F.R. § 200.332 and Appendix II to Part 200, the Awarded Bidder(s) shall include all applicable federal requirements contained in this Solicitation and resulting Contract in every approved subcontract financed in whole or in part with federal funds.

h) Cooperation with Grant Administration. The Awarded Bidder(s) shall cooperate with the County in satisfying all reporting, documentation, inspection, monitoring, and other grant administration requirements imposed by the USDA Forest Service. The Awarded Bidder(s) shall promptly provide any information reasonably requested by the County to support grant reimbursement, project reporting, performance monitoring, or compliance with applicable federal requirements.

i) Subcontractors. The Awarded Bidder(s) shall ensure that every subcontract entered into for work performed under this Contract incorporates all applicable federal requirements imposed upon the Awarded Bidder(s). The Awarded Bidder(s) shall remain fully responsible for the performance of all subcontractors.

j) No Federal Contractual Relationship. The Awarded Bidder(s) acknowledges that the Federal Government is not a party to this Contract and assumes no obligations or liabilities arising from the Contract. The Contract is solely between Miami-Dade County and the Awarded Bidder(s).

k) Conflict with Federal Law. In the event of any conflict between this Section and Section 1, General Terms and Conditions, Paragraph 1.62, or any applicable federal statute, regulation, executive order, or the USDA Forest

Service Grant Award, the provision imposing the more stringent federal requirement shall govern, to the extent required by applicable law.

l) Documentation for Reimbursement. Since this project is reimbursement-based, the contractor should be required to furnish invoices, delivery tickets, planting records, species and quantity documentation, installation records, photographs (before/after if required), and any other documentation reasonably requested by the County to support reimbursement under the USDA Forest Service grant.

m) Project Compliance. Pursuant to 2 C.F.R. §§ 200.303, 200.328, and USDA Forest Service Award Provisions, the Awarded Bidder(s) shall perform all work in accordance with the Contract(s), the approved project scope, and all applicable federal grant requirements. The Awarded Bidder(s) shall cooperate with the County in maintaining compliance with the USDA Forest Service Grant Award and shall promptly notify the County of any condition, delay, or circumstance that may materially affect project performance, grant compliance, or the County's ability to obtain federal reimbursement. The Awarded Bidder(s) shall not substitute plant material, modify installation methods, alter project locations, change quantities, or otherwise modify the approved scope of work without prior written authorization from the County.

n) Public Communications and Grant Acknowledgment. The Awarded Bidder(s) shall not issue press releases, public announcements, educational materials, signs, publications, audiovisual materials, electronic media, or other public communications concerning this federally funded project without the County’s prior written approval. Any approved public communication developed under the Contract shall comply with the applicable USDA Forest Service acknowledgment, insignia, public-notice, and nondiscrimination requirements specified by the County. The Awarded Bidder(s) shall not use the USDA or Forest Service name, insignia, seal, logo, or other identifying marks without prior written authorization from the County and any required USDA approval.

o) Remedies for Noncompliance. Failure to comply with the requirements of this Section or other applicable federal requirements incorporated into this Solicitation or Contract may constitute a material breach of the Contract and may result in withholding of payments, disallowance of costs, termination for default, recovery of funds, or any other remedy available to the County under the Contract or applicable law.

2.10.2 Inapplicable Provisions. The following provisions are not applicable to federally funded purchases made under the Contract(s). To the extent any of the following provisions appear in Section 1, General Terms and Conditions, of the Contract(s), they shall be void and of no force or effect.

a) Paragraph 1.2(H) – Prompt Payment Terms. Payment terms under Sections 2-8.1.1.1.1 or 2-8.1.1.1.2 of the Code of Miami-Dade County, Florida (“County Code”) that are for a Small Business Enterprise (“SBE”) subcontractor shall not apply.

b) Paragraph 1.11 – Local Preference. Section 2-8.5 of the Miami-Dade County Code, which provides that preference shall be given to local businesses shall not apply.

c) Paragraph 1.29 – Office of Inspector General. As indicated in Section 1, Paragraph 1.29, the cost of random audits of one quarter (1/4) of one (1) percent will not be incorporated into the contract price of this Contract and shall not be withheld from payment due to the Awarded Bidder(s).

d) Paragraph 1.37 – County User Access Program (UAP). The UAP fee in the amount of two percent (2%) shall not apply and the County shall not withhold any portion of payment due to Awarded Bidder(s) for the UAP fee.

e) Paragraph 1.45 – Small Business Enterprises (SBE) Measures. SBE Measures under Sections 2-8.1.1.1.1, 2- 10.4.01, and 10-33.02 of the County Code under an SBE program shall not apply.

f) Paragraph 1.46 – Local Certified Veteran’s Business Enterprise (VBE) Preference. Section 2-8.5.1 of the Miami-Dade County Code, which provides that preference shall be given to local certified VBE firms shall not apply.

g) Paragraph 1.49 – First Source Hiring Referral Program (FSHRP). Section 2-2113 of the County Code which provides that County contractors are to use a local workforce referral agency for job postings and to use good faith efforts to fill fifty percent (50%) of job vacancies through such local workforce referral agency shall not apply.

https://www.miamidade.gov/resources/strategic-procurement/documents/general-terms-and-conditions-r26-2.pdf

2.10.3 Notice of Fraud, Waste, Abuse, and Legal Matters. In accordance with 31 U.S.C. §§ 3729–3733 (False Claims Act); 2 C.F.R. Part 200; USDA Forest Service Award Provisions, the Awarded Bidder(s) shall promptly notify the County upon becoming aware of any actual or suspected fraud, waste, abuse, bribery, gratuity, conflict of interest, false claim, criminal or civil investigation, material breach, litigation, or other legal matter arising from or relating to the performance of this Contract that may affect compliance with applicable federal requirements or the County's administration of the USDA Forest Service Grant Award. The Awarded Bidder(s) shall cooperate fully with the County in responding to any audit, investigation, claim, litigation, or other proceeding relating to this federally funded Contract and shall provide all information reasonably requested by the County.

2.10.4 Severability. If any provision of this Section, or its application to any person or circumstance, is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Section or the Contract(s). The remaining provisions shall remain in full force and effect to the fullest extent permitted by applicable federal, state, and local laws, regulations, and grant requirements.

2.11 FOREST SERVICE AWARD PROVISIONS

See Attachment B, Forest Service Award Provisions.

2.12 WHISTLEBLOWER NOTICE

See Attachment C, Whistleblower Notice.

SECTION 3

SCOPE OF WORK/TECHNICAL SPECIFICATIONS

3.1 SCOPE OF WORK

The Awarded Bidder(s) shall furnish, deliver, and install plant material at locations within Commission Districts 1, 10, 12, and 13 of Miami-Dade County for the Department of Environmental Resources Management (DERM) and the Parks, Recreation and Open Spaces (PROS) Department, in accordance with the requirements of this Solicitation. The locations included under this Solicitation are identified in Attachment A – Maps. The Awarded Bidder(s) shall provide all labor, supervision, transportation, plant materials, equipment, tools, supplies, incidentals, and all other resources necessary to perform the Services described in Section 3.2, Services to be Provided. Because much of the work will be performed within public rights-of-way adjacent to occupied residential properties, the Awarded Bidder(s) shall conduct all operations in a safe, orderly, and professional manner while minimizing impacts to residents, pedestrians, vehicular traffic, driveways, sidewalks, and drainage infrastructure. Upon completion of each workday, the Awarded Bidder(s) shall leave all work areas clean and free of litter, excess soil, plant debris, and other materials resulting from its operations. The Awarded Bidder(s) shall complete all services authorized under each Purchase Order within fifteen (15) to thirty (30) calendar days from the date of issuance of the applicable Purchase Order, unless otherwise approved in writing by the County. This Solicitation is divided into the following four (4) Groups:

• Group A – Commission District 1 Right-of-Way Planting

• Group B – Commission District 10 Right-of-Way Planting

• Group C – Commission District 13 Right-of-Way Planting

• Group D – Commission District 12 and Commission District 13 Tree Give-A-Way

3.2 SERVICES TO BE PROVIDED

Awarded Bidder(s) shall provide the following services:

3.2.1 Right-of-Way Planting

A. Furnish and Delivery of Plant Materials. The Awarded Bidder(s) shall furnish and deliver the plant material specified in Section 4, Pricing, for each applicable Commission District. Delivery locations shall be provided by the County Representative. The quantities identified in this Solicitation are estimates based on the County's anticipated needs and are subject to increase or decrease during the Contract term. Unless otherwise directed by the County Representative, any unused or excess trees shall be delivered to Camp Choee, 11347 SW 160 Street, Miami, Florida 33157, or to another County-designated location.

B. Installation. The Awarded Bidder(s) shall excavate and prepare a planting pit with a minimum diameter twenty-four

(24) inches greater than the diameter of the root ball, unless otherwise directed by the County Representative. The depth of the planting pit shall be adjusted so that the top of the root ball is at or slightly above the existing ground elevation. All plants shall be centered within the planting pit. When directed by the County Representative, planting pits shall be hand-dug in accordance with these specifications. The bottom of each planting pit shall be firmly tamped to minimize settlement following installation.

C. Debris Removal, Hauling and Disposal. The Awarded Bidder(s) shall remove, haul, and properly dispose of all existing trees, palms, vegetation, groundcover, stumps, root balls, and other materials designated for removal by the County. Root balls shall be excavated and removed as necessary to accommodate the installation of new plant material. The Awarded Bidder(s) shall be responsible for the proper collection, handling, transportation, and off-site disposal of all vegetative debris in accordance with all applicable federal, state, and local laws, regulations, and ordinances.

D. Backfill Material. The Awarded Bidder(s) shall use a combination of fifty percent (50%) native soil and fifty percent (50%) "70 sand/30 muck" mix as backfill material for all planting pits, unless otherwise directed by the County Representative. The Awarded Bidder(s) may also use planting soil for topsoil and the backfill shall be 50/50 mix, nematode free. Tree and shrub pits shall be supplemented with “agriform pells,” 21 gram size with a 20-10-5 analysis.

E. Mulch and Other Materials. The Awarded Bidder(s) shall apply Forestry Research Products FloriMulch (Melaleuca Mulch), or a County-approved equal, free of viable seed and burrowing nematodes and certified by the Florida Department of Agriculture and Consumer Services. Mulch shall be evenly distributed within the planting saucer to a depth of three (3) inches and maintained at least three (3) inches away from the trunk(s) or stem(s). Mulch shall not be placed against or over the trunk, stems, or branches of any plant material.

F. Staking and Bracing. The Awarded Bidder(s) shall stake and/or brace all newly installed trees as necessary in accordance with the standard tree details included with these specifications, unless otherwise approved by the County Representative. Guy wires shall not be accepted as a support system unless specifically authorized by the County Representative. After six (6) months, the Awarded Bidder(s) shall inspect and adjust all staking and bracing materials as necessary to ensure normal tree growth is not restricted and that no damage is occurring to the tree.

After twelve (12) months, the Awarded Bidder(s) shall remove all staking, bracing, and related materials and properly dispose of all excess materials.

G. Watering-In. The Awarded Bidder(s) shall thoroughly water all plant material during installation to eliminate air pockets within the backfill material. The Awarded Bidder(s) shall provide all labor, equipment, materials, and water necessary to comply with the following watering schedule.

1) Watering Schedules:

a. After installation, trees shall be watered as follows:

Five (5) times per week during the first eight (8) weeks following installation.

Three (3) times per week during the following four (4) weeks.

Two (2) times per week during the final four (4) weeks.

b. Application Rate Trees: Three (3) gallons of water per inch of trunk caliper.

H. Additional Watering to Assure Tree Survivability. The Awarded Bidder(s) shall provide any additional watering necessary to ensure plant survivability throughout the warranty period.

I. Cleanup. The Awarded Bidder(s) shall maintain all work areas in a clean and orderly condition throughout the performance of the Services. All waste materials, debris, excess soil, and surplus excavated material generated by the Awarded Bidder's operations shall be promptly removed and legally disposed of off-site. All disturbed areas shall be restored to their original condition or better. Holes resulting from the removal of existing vegetation shall be backfilled to just below existing grade, and sod matching the existing turf shall be installed over disturbed areas unless otherwise directed by the County Representative. Newly installed sod shall be watered in accordance with the watering schedule specified in Section 3, Paragraph 3.2.1 (G).

J. Final Planting Inspection. Upon completion of the work, the Awarded Bidder(s) shall notify the County Representative in writing and request a final planting inspection. Final acceptance shall be subject to a satisfactory inspection by the County Representative and shall be completed prior to final invoice processing Partial payments may be authorized for plant material that has been delivered and accepted or for completed portions of the work that have been inspected and approved by the County Representative. The issuance of partial payments shall not constitute final acceptance of the work or relieve the Awarded Bidder(s) of its obligation to complete all Services in accordance with the requirements of this Solicitation and the Contract. Regardless of payment status, the Awarded Bidder(s) shall remain responsible for complying with all Contract requirements, schedules, and warranty obligations.

K. Deficiency Correction. Upon notification by the County Representative, the Awarded Bidder(s) shall correct all deficiencies, including but not limited to dead trees, improperly installed trees, leaning trees, or any work not performed in accordance with the Contract requirements. All deficiencies shall be corrected within five (5) business days after notification by the County Representative unless otherwise approved in writing. Upon completion of the corrective work, the Awarded Bidder(s) shall provide written confirmation together with photographic documentation demonstrating that all deficiencies have been corrected.

3.2.2 Tree Give-A-Way.

A. Furnish and Delivery of Plant Material for Tree Give-A-Way. The Awarded Bidder(s) shall furnish and deliver plant material to locations within Commission Districts 12 and 13 as requested by the County Representative. The quantities identified in Section 4, Pricing, are estimates based on the County's anticipated needs and are subject to increase or decrease during the Contract term. The Awarded Bidder(s) shall provide the County Representative with a minimum of forty-eight (48) hours' advance notice prior to the delivery of any plant material. Deliveries shall occur only upon authorization by the County. A County Representative shall be present to inspect and verify all plant material at the time of delivery. Plant material delivered without prior authorization or in the absence of a County Representative may be rejected and removed at the Awarded Bidder's sole expense. Unless otherwise directed by the County Representative, any unused or excess trees shall be delivered to Camp Choee, 11347 SW 160 Street, Miami, Florida 33157, or to another County-designated location.

3.3 STRUCTURES AND UTILITIES

3.3.1 Structures

The Awarded Bidder(s) shall identify the location of all existing structures within or adjacent to the work area and shall exercise reasonable care to prevent damage to fences, curbs, sidewalks, driveways, pavement, signs, irrigation systems, drainage structures, landscaping, and any other public or private improvements during the performance of the Services.

3.3.2 Repair of Damage

The Awarded Bidder(s) shall take all necessary precautions to prevent damage to existing structures, utilities, pavement, sidewalks, curbs, turf, landscaping, and other improvements. The Awarded Bidder(s) shall be solely responsible for repairing, replacing, or restoring, at its own expense, any property damaged as a result of its operations to a condition equal to or better than that existing prior to the commencement of the work, subject to the approval of the County Representative.

Minor damage to turf areas shall be repaired by filling ruts and depressions with clean sand, grading the area to match the surrounding grade, and restoring the affected turf. Where extensive damage occurs, the Awarded Bidder(s) shall restore the disturbed area, including grading, sod replacement, and any other work necessary to return the area to its original condition. Unless otherwise approved by the County Representative, all repairs shall be completed within ten (10) business days after notification and prior to final payment.

3.3.3 Utility Location

Prior to performing any excavation or planting activities, the Awarded Bidder(s) shall be responsible for locating and verifying all underground and overhead utilities within the work area. At least forty-eight (48) hours before commencing excavation, the Awarded Bidder(s) shall contact Sunshine 811 (or its successor organization) and all applicable utility owners to request utility locates and shall provide the applicable utility locate ticket numbers to the County Representative before work begins. The Awarded Bidder(s) shall be responsible for identifying all utilities located within private property or other areas not covered by the utility locating service and shall perform exploratory hand digging where necessary to verify utility locations.

Where conflicts exist between utility locations and proposed tree planting locations, the County Representative shall determine whether tree locations shall be relocated, modified, or deleted from the work. The Awarded Bidder(s) shall immediately notify the County Representative of any damaged utility or unforeseen underground condition encountered during the work and shall be solely responsible for all damages resulting from its operations, including all repair, restoration, and associated costs. When utility disconnects, reconnects, or temporary service interruptions are required, the Awarded Bidder(s) shall coordinate such activities with the applicable utility provider and the County Representative. The Awarded Bidder(s) shall provide the County Representative with a minimum of seven (7) calendar days' written notice prior to any planned utility interruption, roadway closure, traffic restriction, or similar activity affecting County operations. No such work shall proceed without prior written approval from the County Representative.

3.3.4 Temporary Utilities and MOT

The Awarded Bidder(s)…