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ITB-19-136-04 Pro-Grounds Product IncCONTRACT NO. 19-136-04 MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490, Fax: 786-394-4235 SENT VIA E-MAIL TO: pqp(@progroundsproducts.com August 7, 2019 Kim Lautenslager Pro-Grounds Product, Inc. 8834 SW 131 Street Miami, FL. 33176 Phone: 305-235-5101 RE: NOTICE OF AWARD OF CONTRACT PURSUANT TO INVITATION TO BID (ITB) 2019- 136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND. Dear Ms. Lautenslager: On April 1, 2019, Pro-Grounds Product Inc., submitted to the City of Miami Beach, Florida (the "City") a bid in response to the above-referenced ITB. The ITB stipulates, pursuant to Section 0200, Sub-Section 16, Binding Contract, that the approval of the City Manager's recommendation by the Mayor and City Commission shall constitute a binding Contract between the City and the awarded bidder. Accordingly, this letter shall serve as official notice from the City that the Mayor and Commission, at its May 8, 2019 meeting, approved the City Manager's recommendation, pursuant to the ITB, to award a contract to Pro-Grounds Product Inc., (the "Contractor"), for awarded items see attached Contract Award Memo. No goods may be shipped, or services performed (as applicable) until such time as the City has issued a Purchase Order to the Contractor. Before proceeding with the issuance of a Purchase Order, the following items are required: 1. A certificate of insurance, with limits as indicated in the ITB, reflecting the City of Miami Beach as additional insured. Certificates need to include the following as Certificate Holder: City of Miami Beach c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 2. A completed W9. To create the Contractor's profile in the City's vendor system. Congratulations on being awarded the contract for the above referenced item(s). If you have any questions regarding this letter of notification of award, you may contact Jorge Gueimunde, Contract Analyst, Procurement Department, at JorqeGueimundemiamibeachfl.qov or at 305.673.7490. Otherwise, all other questions should be addressed to the Contract Manager for this contract, Jeremy Hinkle, Park Operations Supervisor, Parks and Recreation Department, at jeremyhinkle@miamibeachfl.gov or (305) 673-7730. enis ctor Procurement Department AD/ME/AG We ore committed to providing excellent public service and safety to all who live, work, and ploy in our vibrant, tropical, historic community. MIAMI BEACH PROCUREMENT DEPARTMENT CONTRACT AWARD MEMO SECTION 1— GENERAL INFORMATION SOLICITATION TITLE: FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND CONTRACT # ITB 2019-136-AY CONTRACT TERM: Initial Term: May 8, 2019 through May 7, 2021 The Contract may be renewed for up to (3), one (1) year options at the City Manager's sole option. In the event the contract is renewed, the Procurement Department will issue an addendum to this Contract Award Memo. CONTRACT MANAGER: The Primary Contract Manager is Jeremy Hinkle, Warehouse Supervisor, Public Works (305) 673-7730, or JeremvHinklemiamibeachfl.qov. Other Departments may utilize this award at their discretion and may assign another contract manager. SECTION 2 UTILIZING THIS CONTRACT FOR ITEM AWARDS The City awarded vendors in a primary, secondary, and tertiary basis, as available, by line item, as indicated in Exhibit A. Departments should endeavor to utilize vendors in order of award. However, the departments may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. When not utilizing vendors in order of award, the purchase requisition must state the reasons. 2019436-AY FOR PURCHASE AND DELIVERY OF AGGREGATE, TOP SOIL, AND SAND EXHIBIT A BID TABULATION PRIMARY SECONDARY TERTIARY FOR REGULAR HOURS (MONDAY-FRIDAY PRIOR TO 3:30 PM) UNE ITEMS AGGREGATE 11=111F-- Vendor Vendor -711111.111W*L I Unit Cost Description - ' ,*,-.. ,: U/M ' Un • - -- - 1 ' .".-= Vendor 1 Crushed Lime Rock Base TN Austin Tupler Trucking, Inc 6. Soil Tech Distributors, Inc. 517.05 True Haul, LLC $07.35 2 Bat= Rack 44 TN Soil Tech Distributors, Inc. $23.80 Austin Tupier Trucking, Inc. OR Trira Maul IF $23.90 N/A N/A 3 Pea Rod, TN Soil Tech Distributors, Inc. $23.80 True Haul, LLC $23.90 Austin Tupler Trucking, Inc. $24.25 4 A.S.T.M. R 57 TN Soil Tech Distributors, Inc. $23.80 Austin Tupier Trucking, Inc. OR Trim. Haul I 1 C N/A $23.90 N/A 5 Seminok Chips Deep Brownbh Red. =shed p".1-.3"): (Bagged) Pallets (66 40 b bap) Pro-Grounds Product, Inc. $12.55 Superior Landscaping & Lawn Service Inc. $488.25 N/A N/A 6 River Rock Brown with cream and while, smooth rounded pebbles, '4-- W. straight'/,-: (Bagged) Pabets (60. 40 lb bags) Pro-Grounds Product, Inc. 57.99 Superior Landscaping & Lawn Service Inc. $367.35 N/A N/A 7 Mexican Beach Pebbles -Black 548' (Baggedl Paints (80, do lb bags) Pro-Grounds Product, Inc . $37.53 Superior Landscaping & Lawn Service Inc. $2,325.00 N/A N/A 8 Chattahoochee River Rock (Bagged) Palms (60, 40 lb bags) Pro-Grounds Product, Inc. $7.99 Superior Landscaping & Lawn Service Inc. $302.25 N/A N/A 9 3/8' Fine Cnrs hed Brick TN Pro-Grounds Product, Inc. $199.60 Superior Landscaping & Lawn Service Inc. $350.00 N/A N/A 10 Decomposed Granrte TN Pro-Grounds Product, Inc' $97.50 Superior Landscaping & Lawn Service Inc. $144.15 N/A N/A 11 Crushed Coquina TN Soil Tech Distributors, Inc. $48.00 Florida Superior Sand Inc. $56.00 True Ha i ' LLC $100.85 TOPSOIL .. i 4, s... goon sane. a. 12 organic Florida pers. must pass through a 3 4 sieve TN True Haul, LLC $19.10 Chin Diesel, Inc. $28.00 Florida Superior Sand, Inc. $38.45 13 kila boil &NU, guariz sand. constituency of the mixture must pass through a 34 sbve. 20% organic Florida peat F.0.0, Pit TN True Haul, LLC $20.00 Chin Diesel, Inc. $28.00 Florida Superior Sand, Inc. $36.35 SAND 14 Humus Topiresring Material tested and approved Fbrida DOT Spec M r approved equal). TN Florida Superior Sand, Inc. 544.50 Pro-Grounds Product, Inc. - • $58 .69 . Superior Landscaping & • Lawn Service Inc. $115.32 15 Concrete Screeniag Sand TN Austin Tupler Trucking, Inc. 523.50 Florida Superior Sand, Inc. $23.65 True Haul, LLC $23.90 16 Sand PGP 3 220 SILICA TRAP (Sifica Sand) TN Soil Tech Distributors, Inc. $27.00 Florida Superior Sand, Inc. 529.23 Pro-Grounds Product, Inc. $32.72 17 Top dressim sand Spec 304 USGA TN Soil Tech Distributors, Inc . $26.75 Florida Superior Sand, Inc. $29 25 True Haul, LLC $31.15 18 Top dressiN sand Spec 32900T TN Florida Superior Sand, Inc. $30.20 True Haul, LLC $34.50 Austin Tupler Trucking, Inc. $35.50 19 Silica (Quartz) Beach Sand TN True Haul, LLC 528.90 Florida Superior Sand, Inc. $29.25 Austin Tupler Trucking, Inc. 531.25 20 cots. rIallVe Mel, 13.1.11. 11111M ClayiSand. Red in color, approximately 30°4 day 70% sand: typical of red May or terra cotta. Composition to basebal of surface use. free of rock, roots. sot sand pockets and any other foreign matter. Try Soil Tech Distributors, Inc. $26.00 Florida Superior Sand, Inc. 532.95 Pro-Grounds Product, Inc. 536.42 FOR NON-REGULAR HOUR DELIVERIES 1 Mobizatian charge to open and operate plant on weekdays, weekends (Saturdays and Sundays), and hoklays after plant operational hours. Per Order Austin Tupler Trucking, Inc. Florida Superior Sand, Inc. Pro-Grounds Product, Inc. Sod Tech Distrthutors. Inc. True Haul, LLC No ees Chin Diesel, Inc. $ 500.00 N/A N/A Superior Landscaping & Lawn Service Inc. 150% N/A N/A 2 Addirianal charge to deiver on weekdays. weekends (Saturdays and Sundays), and holt:lays after punt operational hours. Per Ton Austin Tupier Trucking, Inc. Florida Superior Sand, Inc. Pro-Grounds Product, Inc. Soil Tech Distrbutors, Inc. True Haul, LLC No fees Chin Diesel, Inc. 501.00 N/A N/A Superior Landscaping & Lawn Service Inc. 250% N/A N/A 3 Emergency °Only Charge Per Order Austin I upier (rucking, Inc. Florida Superior Sand, Inc. Pro-Grounds Product, Inc. Soil Tech Distributors, Inc. Tow Haul I I 0 No fees Chin Diesel, Inc. $ 502.00 N/A N/A Superior Landscaping & Lawn Service Inc. 350% N/A N/A MIAMIBEACH CONTRACT AWARD PROCUREMENT DEPARTMENT MEMO SECTION 3 VENDOR CONTACT INFO Austin Tupler Trucking, Inc. Chin Diesel, Inc. Attn: Glen Tupler 6570 South West 47th Court Davie, Florida 33314 tupler(@,bellsouth.net Attn: Leon Chin-you 1820 North East 144th Street North Miami, Florida 33181 leon@chindiesel.com 305-949-4148 786-229-3336 Florida Superior Sand, Inc. Pro-Grounds Product, Inc. Attn: Marion Jefferson 6801 Lake Worth Road, Suite 124 Greenacres, Florida 33467 fss5901aol.com Attn: Kim Lautenslager 8834 South West 131st Street Miami, Florida 33176 pgp@progroundsproducts.com 561-969-3112 305-235-5101 Soil Tech Distributors, Inc. Superior Landscaping & Lawn Service Inc. Attn: Albert Luer 3355 North West 41st Street Miami, Florida 33142 bertlueraol.com Attn: Jesenia Otero 2200 North West 23 Avenue Miami, Florida 33142 jotero@superiorlandscaping.com 786-367-1680 305-634-0717 True Haul, LLC Attn: Kevin Perez 201 South West 2nd Avenue, Suite 111 Florida City, Florida 33034 kevintruehaul.net 305-300-1749 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Competitive Bid Reports - C2 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: May 8, 2019 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2019-136-AY, FOR PURCHASE AND DELIVERY OF AGGREGATE, TOP SOIL, AND SAND. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to bids received, pursuant to ITB 2019-136-AY, Purchase and Delivery of Aggregate, Top Soil, and Sand. ANALYSIS The purpose of the ITB is to establish a contract, by means of sealed bids, with qualified firm(s) for the supply and delivery of aggregate, top soil, and sand required by the City on an as needed basis. All materials supplied to the City under this contract shall meet the requirements of the F DOT Standard Specifications for Road and Bridge Construction, most recent edition. ITB PROCESS The ITB was issued on February 28, 2019, with bid opening date of April 1, 2019. The Procurement Department issued bid notices to 2,458 companies utilizing www.publicpurchase.com website. 36 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of seven (7) responses from: Austin Tupler Trucking, Inc ("Austin Tupler"), Chin Diesel, Inc. ("Chin Diesel"), Florida Superior Sand, Inc. ("Florida Superior Sand"), Pro-Grounds Product, Inc. ("Pro-Grounds"), Soil Tech Distributors, Inc. ("Soil Tech"), Superior Landscaping & Lawn Service Inc. ("Superior Landscaping"), and True Haul, LLC ("True Haul"). See Attachment A for a tabulation of bids received. Staff has verified that the bids submitted by all seven (7) responses met the requirements of the ITB and can be considered. In order to assure items are available as necessary, it is in the City's best interest to award a primary, secondary, and tertiary vendor for each item. Accordingly, the lowest responsive and responsible bidders, for each respective item, meeting all terms and conditions of the ITB, are indicated in the table below Bid Tabulation Table Page 57 of 1291 Item Primary Vendor Secondary Vendor Tertiary Vendor 1 Austin Tupler Soil Tech True Haul 2 Soil Tech Austin Tupler; AND True Haul 3 Soil Tech True Haul Austin Tupler 4 Soil Tech Austin Tupler; AND True Haul 5 Pro-Grounds Superior Landscaping 6 Pro-Grounds Superior Landscaping 7 Pro-Grounds Superior Landscaping 8 Pro-Grounds Superior Landscaping 9 Pro-Grounds Superior Landscaping 10 Pro-Grounds Superior Landscaping 11 Soil Tech Florida Superior Sand True Haul 12 True Haul Chin Diesel Florida Superior Sand 13 True Haul Chin Diesel Florida Superior Sand 14 Florida Superior Sand Pro-Grounds Superior Landscaping 15 Austin Tupler Florida Superior Sand True Haul 16 Soil Tech ' Florida Superior Sand Prd*rounds 17 Soil Tech Florida Superior Sand True Haul 18 Florida Superior Sand True Haul Austin Tupler 19 True Haul Florida Superior Sand Austin Tupler 20 Soil Tech Florida Superior Sand Pro-Grounds Due to the large number of responses, a summary of each top-ranked firm or the firm's proposal is available upon request. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received. Pursuant to ITB 2019-136-AY for Purchase and Delivery of Aggregate, Top Soil, and Sand. KEY INTENDED OUTCOMES SUPPORTED Page 58 of 1291 Enhance Beauty And Vibrancy Of Urban And Residential Neighborhoods; Focusing On Cleanliness, Historic Assets, In Select Neighborhoods And Redevelopment Areas FINANCIAL INFORMATION The cost associated with aggregate, top soil, and sand is subject to the funds availability approved through the City's budgeting process Legislative Tracking Parks and Recreation/Procurement ATTACHMENTS: Description o Attachment A Page 59 of 1291 ATTACHMENT A Company Name: Awle Tuelsr1754104.11a. 0.0.4 W. in001410061001,00 bu. Sall 1a4.0.91.0..aws,14x. 54409tlat 14P455161916 a wen 5ale. Tem. N961.1.1.6 ±itillNIIIIIIIII 450110516 0e4r.0.,7 Loa.) les21241.4 691169119.1.annual QN11111. ILI 190 . TN Tei 1ral WI 1 ....._ALIE Total lQuerelty 4 Una Om) , 2180 Tata. 1,1”.o.111,4 A 1/no tom 2.25000 LINE la ITEMS row 111./.... • (Altos!' 12 /50 No I 690 el Wag 100 2 o Total 10.nt.. tir..1 c,..i le moo i .]0 5 ,,, .,.. rou NU IS Iota. 9551500 Sell CO 61))50 90 590 00 To-i 1 ...,.1 35, 710194 P.020 "711.1 !)F MOO 20 00 5 5 9,2[000 a 21.7.,..0 5 S 24 50 24 95 e .14 14 41 55 4059 .4. TN TN P.16165. _41.01 5 4 00 .1 91i 4300 I/ 5 500 DO 00000 4 ASTLI IWO ]BOO, al . 116606006.6 64.91461.1. 1,1 .6,5„. •x03..4 .5.555. 6 P PI , , . $ S 3 S I00 5 AY IS 1 I./.1 .....1.510es tad 5.11. .0/61.1 Paluil.160,40 PI= 40 1)51 la / 4.141 R.6.011 $ /0 15 S - 10. IV PaNL LI 1... 5 150 IN TN .-.5 $_ 1 I HI 11. 1 0 .44 I. $ 1 I • {00.5 w. a 300 IN '. 5..... .. 16 a.. .... I/ / 11. 015 1,0 1!160 MOM • N N1 II 1 ill. wpm non i • pu I. ruu61.6.1....4,1$ ........ a 1N $ 46 50 5 1,16350 4 IIP- ...1 4 7114 15 +5 5 0 $ 107110 $ 57 A ...17.7 PP S .4 I IAN 66160120,9144.63.69.419092,1 I $ 0 20 1.100 00 V* 44000.00.006.4 0.04160. 4 00. Au , $ ,“ 1 0 03,1 5 1000 75 5 0 1,11 5 la i ii.g0 - ount41.41.404.4.114.4. - /6 5 91.P.4.671.4.0.01 6/4P16,10644.15 .55 i 4 6 POW/ i t1701%"6=1166P190.. 7070 IN /I 00 Sb. 4 / : /lot, : 00 21 DS $ 40.1 by , 7 5..1) D TN $ $1.. $ 7 $ 6000 7 1 P , fs11100 Y. $ 1 2, uu > 11+0 >0500 IY 1006[01496.11 U 2 ...... 3/NDOT 403 IN TN 5 00 5 1 MO $ . .. ----.:= . 59x5 25 1 00 1 I 5 1J 19 51.41.4400.1, .1 IGO TN 6000 $1,/00 1. 15 10 3 540 5 51 15 1 700 5 115 _.I :6Y ‘ 't111 ' .. rapaNay119.109....11.10 06/0.5 1.491,.544../ .1.. ......,.... .5 r5 S sue $ 0,411 1004 SS $ 6,375 ON $ 4, 0 , 5 a 0.,. 4, 1........44 Cubuy......1.4.941.11.9161.1 ..........6,1.4ola.49,16.1. bad NNW ,.........1.6.4416.1.........ba. ADDITIONAL FEES Uoll1.955.Ig2r9o5535666960aPa 5.4,......0s......a6.96.4.4.70 and eur...676.24191.44,916,6 ylial P.04. Soo. 44415 5 .04000.111/0.06, A0310.1016.04. 00* 04 ways. 2 as15•6m0,11015•101.0.aaf 16141,4194.4,91.9.9.4.41,91.6. 00 200 501.00 S S > • 5 1.006 50206 $S S 150, 5 0001000/0.610.0.5. LEGEND Page 60 of 1291 2019-136-AY FOR PURCHASE AND DELIVERY OF AGGREGATE, TOP SOIL, AND SAND ATTACHMENT A CompanyName: C1.151.4. 740,1.n.. 5o111...01.10“.1ix Sup... 6 la. Sirome loc. /10011195111 LINE ITEMS . . 1 - , Ina M. 7 4.•$1.16.1.• IstIo.93.0.1 C.a.. 139.7160 I 1.I. 509 li 19 525 61 I ..c. 5909/9 lausa.a...1.01 NI '"'" .6666. 1751 II 55 53 3. a Paco 10191 laaaan. that ceal 517 50 S. 100 20 loll • 10111 10910996.11.01 $77 75000 57.97000 .o Cod 5 0 501 50 00081 1009019 1.100956 100 oo 5.10 00 . lao Sea $U . - -- 1..1 Roc.. •aa$ 88../ . r. . .c 53 5700, WO C. 7 5$9 10 1091 Ica... unaC.) 595 115 N 55,671. 7 ' .9 Coll I - 061/31 al.noty 8 Unit rasa .._ 1 3 97.9639 3. 1. 150 5 309 60 13 1 . 9- 1.11.1 IN 523. 31,69119 $16175 Pe 170 500000 $14 0, 53 14250 50 I 00 55.550 00 5034 25.4,4 51 580 or 341.110 56.071 50 511, 53 .115199657 INC . 5136 =MAIM- $2$Wo oc 578 : SECO... 588 GO 50160¢oo 510. W.% Moo 50)000.0) 540 0 )40 6110.01, 5,1 .61.j.¢0 $:, 900 0Z. • $4.4i• .ps D.... Rod 1$411. KO a 5000 00005019 5000 50 00 5000 517 S5 ....'t-....6.--.1 519 IS .00 5000 NM. .......r61 5401 es woo 546940 6. =aci.,....!...tra: ..... , II.. 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(1....15..411,... 110 50. 5041 50 MO 5007 SO. 50 Ct.. 59/ SO .9713093„ 3.314 605 50. 0009 519 75....921 602 W. 50036 IN 51.015: 50 $46 NO 51.1623 51 00 530 55 50 557 5055 17 Tod .660▪ 61. a • 1596 206 Ng. 9.9139. 25 1.4111a.4:0 $ 111 =0,. 93.6 1.00.3696939 Nom. 44.4411..1901 51. 75 541.00 51,5187 on 5/1110 5915. 51.09.x5 5.59 5947100 5x0: • 55on 99.9 5000 Sow 50 Sow 53.3 58. 506 511634 5694919 514. 535 $04 Sx 591.09.: 556.1100 505.65 • clr I NO No 590 69 T9=3-19' 541.580 56.472.50 rtla $505 0041 gn96 5512 5569 30DOT (1.3.991 493719 105.. day 5.11,1 0 1. 101 tiny • 905 Co.0.1.0 4.11. 5761 Frt. 53014, AMU 110 529 5«.415 52 52 5.4 11$ IS / 575Z $46 10 ea 0 00 5000 9.1 5x6: 53 7. a 50660 5911501 551.15 50950400 21 551.15 5 II 00 555 Bo 560x500 1 5505 00 $11 1..ri tt. fri mi $1 1 $13,800 $00 52 .7 $0555 $6.016 /5 667 • $14 0 551 51.707: oo 5000 36000: 532.1 47 54550In 579. 99.091 $29 2 49.411.41.4. Sic $0 co co 56 00 SOW 1 25 551 ATTACHMENT B SOLICITATION (ITB) AND ADDENDUMS MIAMIBEACH City of Miami Beach, 175.5 Meridian Avenue, 3" Floor, Miami Beach, Florida 33139, orkrot.11iarnibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 2 ITB 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND March 25, 2019 This Addendum to the above-referenced ITB is issued in re,sponse to questions from prospective proposers, or other clarifications and revisions issued by the City_ The ITB is amended in the following particulars only (deletions are shown by strikethrotigh and additions are underlined). I. RESPONSES TO QUESTIONS RECEIVED. Ql: We would like to get a copy of last year's tabulation sheet. Can you help me with that please? Al: Please refer to Addendum No. 1 "Exhibit A". Q2: In order to quote this bid accordingly on the aggregates I need an idea of the material needed and approximate quantities. A2: Refer to Cost Proposal. Q3: Is the term of this contract two years? Does the bidder have a right to not extend the contract after two years? A3: The term contract is for two (2) years, and the bidder has the option to not renew the contract after the initial two year term. Q4: Is the delivery address 451 Dade Blvd. arldfor anywhere in the City of Miami Beach? A4: Deliveries may be made Citywide. There is not one specific location. 05: Will the orders be based on full load or partial load? A5: Orders will be based on full loads. Q6: Do we have to bid on all the items listed in the Cost Proposal form? A6: The bidder does not have to bid on all the items. Q7: In the Instructions to Bidders, in Section 2. Purpose; and Section 3. Solicitation Timetable; the dates given indicate that responses are due on April 1 ADDENDUM NO. 2 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND enis and a tentative decision by the Commission is expected on May 8, and yet the existing contract does not expire until March 2, 2020 (10 months later)? Do you intend to have such a long lead time or is the existing contract to be terminated early? A7: The City may replace the existing contract prior to the contract's expiration date. 08: There was a question during the pre-bid meeting regarding the process for a contract renewal or extension, but the answer/clarification given at the meeting was not included in Addendum 1. The language of the ITB (Special Conditions, Term of Contract) states that "The City of Miami Beach has the option to renew the contract at the sole discretion of the City Manager for an additional three (3), one (1) year periods, on a year to year basis." The answer given at the pre-bid meeting indicated that approval was also secured from the contractor for any extension. Please clarify. A8: Refer to response A3 above. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadomiamibeachfl.cov. Procurement Contact: I Arju Yudasto Telephone: 305-673-7490, ext. 6695 Email: ArjuYudasto©miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sin erely, P ocurement Director 2 ADDENDUM NO. 2 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL. AND SAND ers are reminded to acknowledge receipt of this addendum as part of your ITB submission. in A = Dpn ocurfe ent Director Pr avonsasu M1AMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3' Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 1 ITN 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND March 7, 2019 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined).. I. REVISIONS. Section 0200, Instructions to Bidders, is hereby revised as follows: 72. ADDITIONAL ITEMS / SERVICES. Although this solicitation and resultant contract identifies specific goods. services or facilities ("items"). it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order (or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of $50,000 or less may be aporoved by the City Manager. City Commission aooroval is required for additional items with a cumulative value greater than $50,000. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. 11. ATTACHMENTS. Exhibit A: Previous solicitation ITB No. 2015-042-JR bid tabulation Exhibit B: Pre-Bid Sign-in Sheet A fmthcomin • addendum will contain responses to questions received_ Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadomiamibeachfl.gov. Procurement Contact: Telephone: Email: Arju Yudasto 305-673-7490, ext. 6695 ArjuYudasto@miamibeachfl.gov 1 ADDENDUM NO. 1 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND EXHIBIT A: ITB No. 2015-042-JR bid tabulation 2 I ADDENDUM NO. 1 INVITATION TO BID (ITS) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND Description Qty/Tons ABC Transfer PRO Grounds Fla. Superior Price Total Price Total Price Total 1 Concrete Screening Sand 2000 $ 26.50 $ 53,000.00 $ - $ - $ - $ - 2 Crushed Lime Rock Base 1500 $ 20.35 $ 30,525.00 $ - $ - $ - $ - 3 Ballast Rock # 4 150 $ 26.50 $ 3,975.00 $ - $ - $ - $ - 4 Pea Rock 150 S 26.50 $ 3,975.00 $ - $ - I $ - $ - 5 ASTM Rock # 57 1000 S 26.50 $ 26,500.00 _ $ - $ - $ - $ - P.W. Total $ 117,975.00 $ - $ - 6 Mix Soil 70/30 25 $ - $ - $ - $ - $ 3350 $ 837.50 7 Mix Soil 80/20 25 $ - $ - $ - $ - $ 32.25 $ 806.25 8 Seminole Chips 5 $ - $ - $ - $ - $ - $ - 9 River Rock 5 $ - $ - $ - $ - $ - $ - 10 Mexican Beach Pebbles 5 $ - $ - $ - $ - $ - S - 11 Chattahoochee River Rock 5 $ - $ - $ - $ - $ - $ - 12 Sand PGP 25 5 35.00 $ 875.00 5 - $ - 5 2520 $ 630.00 13 30% Sand / 20% Peat 75 $ - $ 5 - $ - $ 33.10 $ 2,857.50 14 Top Dressing 400 $ 35.00 $ 14,000.00 $ - $ - 5 25.20 S 10,080.00 15 3/8" Fine chrushed brick 5 $ - $ - $ - $ - $ - I $ - 15 Silica 100 $ 35.00 $ 3,500.00 $ - $ - $ 25.20 $ 2,52a00 17 Florida Native Red Baseball Clay 125 $ 85.00 $ /0,625.00 $ - $ - 5 3250 $ 4,06250 P&R Total $ 29,000.00 $ - $ 21,793.75 1 Concrete Screening Sand 500 $ 23.50 14,250.00 $ - $ - $ - $ - 2 Crushed Lime Rock Base 1000 $ 22.35 $ 22,350.00 $ - $ - $ - $ - 3 Ballast Rock # 4 50 S 23.50 $ 1,425.00 $ - $ - $ - $ - 4 Pea Rock 50 S 2.3.50 I $ 1,425.00 $ - $ - $ - $ - 5 ASTM Rock tr4 57 500 $ 23.50 $ 14,250.00 5 - 5 - $ - $ - Emergency Total $ 53,700.00 $ - $ - Grand Total $ 200,675.00 $ - $ 21,793.75 3 ADDENDUM NO. 1 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND EXHIBIT B: Pre-Bid Sign-in Sheet ADDENDUM NO. 1 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND f AM1BEAC CITY OF MIAMI BEACH PRE-810 MEETING SIGN-IN SHEET 10:00 AM Procurement Department 1755 Meridian Ave, 3ri Floor Miami Beach, FL 33139 DATE. Match 7, 2019 INV1TAT101',1 TO BID (ITB) 2019-136-AY FOR PURCHASE OF AGGREGATE, TOP SOIL, AND SAND NAME i COMPANY NAME PLEASE MKT 1 Ariu YJclasto • City of Miami Bead) ariayudostoOmiarribltadagov 305473.7490 Procurement Department! ext. 6695 3-67-T I._ E32 Slot. (EC..14 OicriZti.tirtieS earl: t.3:04.,:) 7-14 g AI f • pr:c4,'"491" c-tv1e, ea% C fef ,dy tetA CaaK4 NtiA„atto,balf; (r C/41? c?GC 75%, --To J‘.S 6277 ,f l L:? I ?-4r.am..j 10 11 12 13 ! 14 15 ! 16 5 ADDENDUM NO. 1 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL. AND SAND EMAIL ADDRESS PHONE NO. Awyezi 1/9 C13 , 77 / /ft E; :• ! fit r -14,- 1'416 , ee„.!/ h 7C'i H X. 63( ( MVICIat A44.44$6,...--06E4-ru• cetv 2 3s- 8 a: 9 w_eirlehm, I \VITAT 0\ TO 3 (1T3 FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND 2019-136-AY BID ISSUANCE DATE: FEBRUARY 28, 2019 BID DUE: APRIL 1, 2019 @ 3:00 PM ISSUED BY: f\A AMIBEACH ARJU YUDASTO, PROCUREMENT CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7490 x 6695 I ArIuYudasto@miamibeachfl.gov I www.miamibeachfl.gov MI AN I BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 16 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID" FORM APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E COST PROPOSAL FORM APPENDIX F INSURANCE REQUIREMENTS ITB 2019-136-AY 2 MIAMI BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the 'City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Bidders(s) (the "contractor[sr) if this ITB results in an award. The City_utilizes PublicPurchase (vvvvw.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this bid is to establish a contract, by means of sealed bids, with qualified firm(s) for the supply and delivery of aggregate, top soil, and sand for the City of Miami Beach on an as needed basis. All materials supplied to the City under this contract shall meet the requirements of the FDOT Standard Specifications for Road and Bridge Construction, most recent edition. On November 25, 2014 the City issued Invitation to Bid (ITB) 2015-042-JR for Aggregate, Top Soil, and Sand. On February 11, 2015, the Mayor and City Commission awarded contracts to the lowest bidder(s). The existing contract is scheduled to expire March 2, 2020. The City of Miami Beach estimates the annual budget for this project to be $170,000.00. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: ITB Issued February 28, 2019 Pre-Bid Meeting March 07, 2019 at 10:00am Deadline for Receipt of Questions March 22, 2019 at 5:00pm Responses Due April 1, 2019 at 3:00pm Tentative Commission Approval Authorizing Award May 8, 2019 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact Telephone: Ar'u Yudasto 305-673-7490 x6695 Ar'uYudasto • miamibeachfl gov additionally, the City Clerk is to be co ied on all communications via e-mail at RafaelGranado • miamibeachfl. ov: or via facsimile: 786-394-4188. Email: The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All ITB 2019-136-AY 3 tv\ 1N\A 1 BEACH responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientID=13097&statelD=9&statename=Florida . Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://www.miamibeachfl.ciovicity-hall/procurement/procurement-related-ordinance-and-procedures/ • CONE OF SILENCE • PROTEST PROCEDURES • DEBARMENT PROCEEDINGS • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES • CAMPAIGN CONTRIBUTIONS BY VENDORS • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-486 CITY CODE SECTION 2-371 CITY CODE SECTIONS 2-397 THROUGH 2-485.3 CITY CODE SECTIONS 2-481 THROUGH 2-406 CITY CODE SECTION 2-487 CITY CODE SECTION 2-488 ITB 2019-136-AY 4 MI AM I BEACH • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS, FAVORS & SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. JOINT VENTURES. Joint Ventures are not allowed. The City will only contract with the prime contractor. Proposals may, however, identify other sub-contractors or sub-consultants to the prime contractor. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, ITB 2019-136-AY 5 MIAMI BEACH services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Managers recommendation(s) and, may approve or reject the City Managers recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputation, judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary, or higher), as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder (primary), followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive, responsible bidders in order of next best cost. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. Bidder acknowledges and agrees that this Contract and the award of any work hereunder, is non-exclusive, and the City may, at its sole and absolute discretion, award similar services or work to other firms under contract with the City (either as a co-primary contractor, or as secondary or tertiary contractors). No Purchase Order shall be issued to Contractor, and no work or Services shall be authorized under this Agreement, except at City's sole discretion. Contractor shall have no entitlement to perform any services hereunder, or to be compensated for any Services, unless set forth in a written Purchase Order. 16. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission, or as delegated by the City Commission. Said award shall constitute a binding Contract between the City and the awarded bidder(s). In case of default on the part of the successful bidder, after said award, the City may take such action as it deems appropriate, including legal action, for damages or specific performance. The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis ITB 2019-136-AY fivl I A/V, I BEACH through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Procurement Department prior to award of the Bid by the Mayor and City Commission. 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 21. AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 22. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractors failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be ITB 2019-136-AY 7 MIAMI BEACH submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s) from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in Appendix A, No. 14 Acknowledgement of Addendum. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department, 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 with a copy to the City Clerk. 30. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard ITB 2019-136-AY 8 MIAMI BEACH production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges (For example, 12-14 days) will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidders facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidders bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidders record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidders performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. ITB 2019-136-AY MIAMI BEACH 36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 37. NOT USED. 38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 39. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 40. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a "first priority" under the emergency conditions noted above. 42. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for ITB 2019-136-AY 10 MIAMI BEACH purposes of determining whether the low bidder meets specifications. 43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and 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; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. ITB 2019-136-AY r~'A/V ► BEACH 49. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 50. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and lidensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidders risk and may result in the bid being non-responsive. 55. MODIFICATIONANITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 56. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidders expense. These items, as well as items not delivered as per delivery date, in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of ITB 2019-136-AY 12 MIAMI BEACH these stipulations may also result in the bidder's name being removed from the City's vendor list. 57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Department, 1755 Meridian Avenue, 3d Floor, Miami Beach, FL 33139. ITB 2019-136-AY 13 MIAMI BEACH 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidders expense. 68. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Managers discretion, which will make a recommendation for award to the City Commission. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable "cure period" for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any ITB 2019-136-AY 14 ,,A1APAI BEACH profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. ITB 2019-136-AY 15 MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within three (3) calendar days upon request from the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive. All corrections on the Cost Proposal Form shall be initialed. FAILURE TO SUBMIT THE MOST RECENT COST PROPOSAL FORM (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) MAY RESULT IN BID BEING DEEMED NO RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 2 - Bid Certification, Questionnaire and Affidavits (Appendix A). The City reserves the right to request any documentation omitted, with exception of the Cost Proposal Form (Appendix E), Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A), and Bid Bond (if applicable). Bid Submittals received that do not include the Cost Proposal Form, completed as required and fully executed, or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within three (3) business days upon request from the City, or the bid may be deemed non- responsive. Non-responsive bid packages will receive no further consideration. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2019-136-AY 16 APPENDIX "A" MIAMIBEACF Proposal Certification, Questionnaire & Requirements Affidavit ITB 2019-136-AY For the Purchase Aggregate, Top Soil, and Sand PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-136-AY 17 Solicitation No: 2019-136-AY Solicitation Title: For the Purchase of Aggregate, Top Soil, and Sand Procurement Contact Arju Yudasto Tel: 305-673-7490 x6695 Email: ArjuYudasto@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: NO. OF YEARS IN BUSINESS: NO. OF YEARS IN BUSINESS LOCALLY: NO. OF EMPLOYEES: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. .111111.1111MINIMI ITB 2019-136-AY 18 1. Veteran Owned Business. Is Pro oser claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webaop/wcs/stores/servlet/SubplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three (3) days of request. 3. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates 4. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non- by an sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http://www.miamibeachfl.gov/city-hall/orocurement/orocurement-related-ordinance-and-procedures/ ITB 2019-136-AY 19 •:e.•,••:• e .•: e•.: •e: t t e• •e e •:- .•: same-fin-a-pactisular-yeer), •e. e' • • •• e- •e. : e •:. f •e .t: •t - e: •e. • •-. • •e. e •e .e: ff •e_ •-. • et : 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http://www.miamibeachfl.qovicity-hall/procurement/procurement-related-ordinance-and- procedures/ ITB 2019-136-AY 20 8. 10. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 11. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. 14. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Receipt Initial to Confirm Receipt Initial to Confirm Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. ITB 2019-136-AY 21 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City') for the recipients convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of-a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant induding, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disdosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2019-136-AY 22 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposers Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: ITB 20 1 9- 1 36-AY 23 APPENDIX B M AM1BEACH "No Bid" Form ITB 2019-136-AY For the Purchase of Aggregate, Top Soil, and Sand PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: It is important for those vendors who have received notification o this solicitation but have decided not to respond, to complete and submitr the attached "Statement of No Bid." The "Statement of No Bid" provide the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may result in not being notified tire solicitations by the City. ITB 2019-136-AY 24 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: ____ Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive ____ Unable to meet specifications _Unable to meet service requirements Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do do not _ want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: Arju Yudasto, Procurement Contracting Officer I PROPOSAL # 2019-136-AY 1755 MERIDIAN AVENUE, 3rd FLOOR MIAMI BEACH, FL 33139 ITB 2019-136-AY 25 APPENDIX C MIAMIBEACH Specifications ITB 2019-136-AY For the Purchase of Aggregate, Top Soil, and Sand PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-136-AY 26 1. Minimum Eligibility Requirements. Intentionally Omitted. 2. Specifications. The following specifications shall be considered the minimum acceptable requirement for each item. In cases where the specification is silent or unclear, all items, as applicable, supplied to the City of Miami Beach pursuant to this ITB shall comply with the standards or specifications established by the Florida Department of Transportation (FDOT). The Florida Department of Transportation Standard Specifications for Road and Bridge Construction is incorporated herein by reference. 3. Aggregate. When applicable, materials shall comply with the requirements of FDOT Standard Specifications for Road and Bridge Construction: DIVISION III - MATERIALS Section 901 (ALL) — Coarse Aggregate Section 911 (ALL) — Base and Stabilized Base Limerock Base 3.1. Crushed Lime Rock: As per FDOT specification 911, Based and Stabilized Base Limerock Base. This limerock shall be obtained from pits from which all overburden has been removed prior to blasting. It shall show no tendency to air slake or undergo chemical change under exposure to weather. For purposes of geological designation, all limerock mined below the 28th degree parallel of latitude in the State of Florida shall be considered only under the classifications of limerock — Miami Oolite Formation. The minimum percentage of carbonates of calcium and magnesium in the limerock material shall be 70. The maximum percentage of water-sensitive clay mineral shall be 3. The maximum percentage of organic matter shall be 0.5. Any constituents other than the above shall be silica or inert material. The material shall be non-plastic. The material shall be uniform in quality and shall not contain cherty or other extremely hard pieces, or lumps, balls, or pockets detrimental to the proper bonding, finishing or strength of limerock base. At least ninety-seven (97) percent (by weight) of the material shall pass a 3 % inch sieve and the material shall be graded uniformly down to dust. The fine material shall consist entirely of dust fracture. The fragmenting or breaking up shall be done in the pit or elsewhere, prior to being loaded on bidder's truck, provided the specified gradation requirements are obtained. 3.2. Ballast Rock #4: As per FDOT specification 901, for course aggregate. 3.3. Pea Rock: As per FDOT specifications 901-1.1 through 901-1.4, for course aggregate. Rock size #89 unless otherwise specified at the time order is placed. ITB 2019-136-AY 27 3.4. A.S.T.M. Rock # 57: As per FDOT code #10, for coarse aggregate. NON-FDOT MATERIALS 3.5. Seminole chips: deep brownish red, crushed (1", 1"-3") (Bagged) 3.6 River rock: brown with cream and white, smooth rounded pebbles, 1/4" - 1/2", straight 3/4" (Bagged) 3.7 Mexican beach pebbles: -Black 5-8" (Bagged) 3.8 Chattahoochee River Rock: decorative natural stones or marble (bagged) 3.9 Fine Crushed Brick: 3/8" fine crushed brick (by tons) 3.10 Decomposed Granite: grey colored granite rock that is broken down 3.11 Crushed Coquina: mix of 50% crushed limestone and 50% crushed sea shell 4. Top Soil. Topsoil shall consist of natural loam, sandy loam, silty loam, silty clay loam or clay loam humus-bearing soils adapted to the sustenance of plant life and such topsoil shall be neither excessively acidic nor excessively alkaline. The organic content of the topsoil shall be not less than 5% or more than 15%. 4.1 Mix Soil 70/30: Silica quartz sand, 30% organic Florida peat, must pass through a # 4 sieve. 4.2. Mix Soil 80/20: quartz sand, constituency of the mixture must pass through a # 4 sieve, 20% organic Florida peat F.O.B. Pit 5. Sand. When applicable, materials shall comply with the requirements of FDOT Standard Specifications for Road and Bridge Construction: DIVISION III - MATERIALS Section 902 (ALL) — Fine Aggregate 5.1. 80% Divot Mix Sand and 20% Peat Humus Topdressing: Material tested and approved FDOT Spec (or approved equal) NON-FDOT MATERIALS 5.2. Concrete Screening: Crushed limerock and natural sand, course grade. Sieve size #4 screening to be no larger than .187 of an inch. ITB 2019-136-AY 28 5.3. Sand PGP: # 220 SILICA TRAP (Silica Sand) 5.4. Top dressing sand (304): Spec 304 USGA 5.5. Top dressing sand (329): Spec 329 DOT 5.5 Silica (Quartz) Beach Sand: shall be composed only of naturally occurring hard, strong, durable, uncoated grains of quartz, reasonably from coarse to fine. 5.6.Florida Native Red Baseball infield Clay/Sand: Red in color, approximately 30% clay 70% sand; typical of red clay or terra cotta. Composition for baseball infield surface use, free of rock, roots, soil, sand pockets and any other foreign matter. ITB 2019-136-AY 29 APPENDIX D MIAMIBEACH Special Conditions ITB 2019-136-AY For the Purchase of Aggregate, Top Soil, and Sand PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-136-AY 30 1. TERM OF CONTRACT. This contract shall remain in effect for two (2) years from date of contract execution by the Mayor and City Clerk. The City of Miami Beach has the option to renew the contract at the sole discretion of the City Manager for an additional three (3), one (1) year periods, on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six (6) months. 2. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT. If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the two (2) year term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.1 OPTION TO RENEW WITH PRICE ADJUSTMENT: The contract could be extended for an additional three (3), one (1) year terms, on a year to year basis, at the sole discretion of the City Manager. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer Price Index CPI-U (all urban areas) computed 60 days prior to the anniversary date of the contract. It is the vendor's responsibility to request any pricing adjustment under 'this provision. For any adjustment to commence on the first day of any exercised option period, the vendors request for adjustment should be submitted 60 days prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the vendor, the City will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. 3. METHOD OF PAYMENT. The vendor shall submit an invoice to the City user department(s) that requested the service through a purchase order. The date of the invoices shall not exceed thirty (30) calendar days from the date service was provided. Under no circumstances shall the invoice be submitted to the City in advance of the services being provided. In addition the invoice shall reference (or include a copy of) the corresponding documentation (pick-up ticket number) that was signed by an authorized representative of the City user department at the time the service was provided. Failure to submit invoices in the prescribed manner will delay payment. 4. DELIVERY REQUIREMENTS: The vendor shall have cement concrete plant-mix products, asphalt concrete, or aggregate, top soil, and sand, available for delivery, within 2 calendar business days after the date the order is scheduled by authorized City personnel, unless otherwise ITB 2019-136-AY 31 agreed to by the parties. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the City of the delays, in advance of the original delivery date, so that a revised delivery schedule can be appropriately considered by the City. Upon delivery, all materials shall be unloaded by the vendor. Delivery shall be prior to 3:30 PM, Monday through Friday with-in the City of Miami Beach, which are considered REGULAR HOURS. From time to time the City may place orders for NON-REGULAR HOURS which are emergency orders to be delivered after hours (weekdays after 3:30 pm), weekends (Saturdays and Sundays) and/or Holidays. Should the vendor(s) to whom the contract(s) is awarded fail to deliver in the number of days stated above, the City reserves the right to cancel the order seek the items from another vendor, and charge the incumbent vendor for any re-procurement costs. If the vendor fails to honor these re-procurement costs, the City may terminate the contract for default. Certain City employees may be authorized in writing to pick-up materials under this contract. Vendors shall require presentation of this written authorization. The vendor shall maintain a copy of the authorization. If the vendor is in doubt about any aspect of material pick-up, vendor shall contact the appropriate user department to confirm the authorization. 5. BACK ORDER ALLOWANCES: The City shall not allow any late deliveries attributed to product back order situations under this contract. Accordingly, the vendor is required to deliver all items to the City within the time specified in this solicitation and resultant contract; and no grace period on account of back order situations shall be honored, unless written authorization is issued by the user department, and a new delivery date is mutually established. In the event that the vendor fails to deliver the products within the time specified, the City reserves the right to cancel the order, seek the items from another vendor, and charge the incumbent vendor for any re-procurement costs. If the vendor fails to honor these re-procurement costs, the City may terminate the contract for default. 6. WARRANTY/GUARANTEE REQUIREMENTS: 6.1 TYPE OF WARRANTY COVERAGE REQUIRED: In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its product and/or service against faulty labor and/or defective material upon delivery of material to the City. This warranty requirement shall remain in force for the full period identified above; regardless of whether the bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. 6.2 CORRECTING DEFECTS COVERED UNDER WARRANTY: The bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, upon delivery, and after the City notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the ITB 2019-136-AY 32 period specified, the City may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a City bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within 2 calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 7. QUANTITIES. The quantity or amount specified herein are estimated only and not a commitment or guarantee of the amounts required by the City under this Bid. Vendor is not authorized to manufacture, produce, ship or perform unless it has received a release or request for a specific quantity for items/materials specified in the contract ordered pursuant to this bid by an authorized representative of the City. All invoices must be equal to or less than the cost specified in the contract. The City shall not be obligated or liable for any payments in excess of the amounts released or requested pursuant to this bid or for unit prices that exceed those stipulated in the contract. ITB 2019-136-AY 33 APPENDIX E MIAMIBEACH Cost Proposal Form ITB 2019-136-AY For the Purchase of Aggregate, Top Soil, and Sand PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-136-AY 34 APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal bein. deemed non-responsive and bein. re'ected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E) shall be initialed. .. _ item Description, AGGREGATE— Aggregate to be delivered to the City at the Estimated Annual Quantity If / M following unitprices in accordance Unit Cost with the bids Total (Quantity_X Unit_Cost) ecifications. 1 Crushed Lime Rock Base 1,500 TN $ $ 2 Ballast Rock # 4 150 TN $ $ 3 Pea Rock 150 TN $ $ 4 A.S.T.M. Rock # 57 1,000 TN $ $ 5 Seminole Chips Deep Brownish Red, crushed (1", 1"-3"): (Bagged) 5 Pallets (60, 40 lb bags) $ $ 6 River Rock Brown with cream and white, smooth rounded pebbles, %" - /2", straight %": (Bagged) 5 Pallets (60, 40 lb bags) $ $ 7 Mexican Beach Pebbles -Black 5-8" (Bagged) 5 Pallets lb (fag , $ $ 8 Chattahoochee River Rock (Bagged) 5 Pallets , 40 (60 bags)lb $ $ 9 3/8" Fine Crushed Brick 5 TN $ $ 10 Decomposed Granite 150 TN $ $ 11 Crushed Coquina 300 TN $ $ TOP SOIL — Top Soil to be delivered to the City at the following unit prices in accordance with the bid specifications 12 Mix Soil 70/30, Silica quartz sand, 30% organic Florida peat, must pass through a # 4 sieve 25 TN $ $ 13 Mix Soil 80/20, quartz sand, constituency of the mixture must pass through a # 4 sieve, 20% organic Florida peat F.O.B. Pit 25 TN $ $ SAND— Sand to be delivered to the City at the following uni prices in accordance with the bid specifications. 14 80% Divot Mix Sand and 20% Peat Humus Topdressing Material tested and approved Florida DOT Spec (or approved equal). 75 TN $ $ 15 Concrete Screening Sand 2,000 TN $ $ 16 Sand PGP # 220 SILICA TRAP (Silica Sand) 25 TN $ $ 17 Top dressing sand Spec 304 USGA 400 TN $ $ ITB 2019-136-AY -.L.: .4. 35 Mobilization charge to open and operate plant on weekdays, weekends (Saturdays and Sundays), and holidays after plant operational hours. Additional charge to deliver on weekdays, weekends (Saturdays and Sundays), and holida s after .lant oterational hours. Emer en Delive Char .e Per Order $ Per Ton $ Per Order ADDITIONAL FEES FOR NON-REGULAR HOURS (REFER TO APPENDIX D, Section 4) Item Description U M Unit Cost 1 2 3 18 Top dressing sand Spec 329 DOT 400 TN $ $ 19 Silica (Quart) Beach Sand 100 TN $ $ Florida Native Red Baseball infield Clay/Sand. Red in color, approximately 30% clay 70% sand; typical of red clay or terra cotta. Composition for baseball infield surface use, free of rock, roots, soil, sand 20 pockets and any other foreign matter. 125 TN $ $ Biddees Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2019-136-AY 36 APPENDIX F MIAMIBEAC. Insurance Requirements ITB 2019-136-AY For the Purchase of Aggregate, Top Soil, and Sand PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-i 36-AY 37 MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value .00 Liquor Liability .00 Fire Legal Liability .00 Protection and Indemnity .00 Employee Dishonesty Bond .00 Other .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the.proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2019-136-AY 38 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Detail by FEI/EIN Number Page 1 of 2 Florida Department of State DIVISION OF CORPORATIONS Jl'fr.aul I of p.011 (:) P Fj r f 4000010.1..."2.001.F..."Flamfts. iin UffiCild FlOttalf1 Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by FEI/EIN Number Florida Profit Corporation PRO-GROUNDS PRODUCT, INC. Filing Information Document Number P00000103913 FEI/EIN Number 65-1052965 Date Filed 11/06/2000 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 02/16/2004 Event Effective Date NONE Principal Address 8834 SW 131 STREET MIAMI, FL 33176 Changed: 04/19/2007 Mailing Address 8834 SW 131 STREET MIAMI, FL 33176 Changed: 04/19/2007 Registered Agent Name & Address GROSSMAN, STUART I 201 S. BISCAYNE BOULEVARD, 22ND FLOOR MIAMI, FL 33131 Name Changed: 03/23/2005 Address Changed: 07/10/2012 Officer/Director Detail Name & Address Title PSTD HARDY, KIMBERLY S 8834 SW 131 STREET MIAMI, FL 33176 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inqui... 5/8/2019 Annual Reports Report Year Filed Date 2017 02/03/2017 2018 04/04/2018 2019 03/14/2019 Document Images 03/14/2019 — ANNUAL REPORT 04/04/2018 — ANNUAL REPORT 02/03/2017 — ANNUAL REPORT 02/16/2016 — ANNUAL REPORT 01/28/2015 — ANNUAL REPORT 02/28/2014 — ANNUAL REPORT 03/12/2013 — ANNUAL REPORT 07/10/2012 — Reg. Agent Change 03/16/2012 — ANNUAL REPORT 03/13/2011 — ANNUAL REPORT 03/23/2010 — ANNUAL REPORT 02/16/2009 — ANNUAL REPORT 01/27/2008 — ANNUAL REPORT 04/19/2007 — ANNUAL REPORT 02/23/2006 -- ANNUAL REPORT 03/23/2005 — ANNUAL REPORT 02/16/2004 — Amendment 01/12/2004 — ANNUAL REPORT 01/07/2004 — REINSTATEMENT 05/02/2002 -- ANNUAL REPORT 04/28/2001 -- ANNUAL REPORT 11/06/2000 Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by FEI/EIN Number Page 2 of 2 Florida Department of State. Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inqui... 5/8/2019 ITB 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND BIDDERS NAME: PRO-GROUNDS PRODUCTS, INC. 8834 S.W. 131ST STREET MIAMI, FLORIDA 33176 BID DUE: APRIL 1, 2019, 3:00 PM BID ISSUED BY: MIAMI BEACH PROCUREMENT DEPARTMENT 1755 MERIDIAN AVENUE, 3RD FLOOR MIAMI BEACH, FLORIDA 33139 ? vto-G R;tr u Aids Products Inc. SPORT FIELD AGGREGATES W....A MATERIALS AND EQUIPMENT 8834 SW 131 Street • Miami, FL 33176 Tel: (305) 235-5101 • Fax: (305) 235-5186 Toll-Free: 1-866-556-6156 Toll-Free Fax: 1-866-556-2892 pgp @progroundsproducts.com INVITATIO \ TO BID (113) FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND 2019-136-AY BID ISSUANCE DATE: FEBRUARY 28, 2019 BID DUE: APRIL 1, 2019 @ 3:00 PM ISSUED BY: ARJU YUDASTO, PROCUREMENT CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7490 x 6695 I ArjuYudasto@rniarnibeachfl.gov I www.miamibeachfl.gov A/ BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 16 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID" FORM APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E COST PROPOSAL FORM APPENDIX F INSURANCE REQUIREMENTS ITB 2019-136-AY 2 A'\: BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Bidders(s) (the "contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this bid is to establish a contract, by means of sealed bids, with qualified firm(s) for the supply and delivery of aggregate, top soil, and sand for the City of Miami Beach on an as needed basis. All materials supplied to the City under this contract shall meet the requirements of the FDOT Standard Specifications for Road and Bridge Construction, most recent edition. On November 25, 2014 the City issued Invitation to Bid (ITB) 2015-042-JR for Aggregate, Top Soil, and Sand. On February 11, 2015, the Mayor and City Commission awarded contracts to the lowest bidder(s). The existing contract is scheduled to expire March 2, 2020. The City of Miami Beach estimates the annual budget for this project to be $170,000.00. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: ITB Issued February 28, 2019 Pre-Bid Meeting March 07, 2019 at 10:00am Deadline for Receipt of Questions March 22, 2019 at 5:00pm Responses Due April 1, 2019 at 3:00pm Tentative Commission Approval Authorizing Award May 8, 2019 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Ar'u Yudasto 305-673-7490 x6695 Ar'uYudasto • miamibeachfl.• dditionally, the City Clerk is to be co•ied on all communications via e-mail at: RafaelGranado • miamibeacht•ov; or via facsimile: 786-394-4188. ov The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All ITB 2019-136-AY 3 BEAC responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientID=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://www.miamibeachfl.qovicitv-hall/procurement/procurement-related-ordinance-and-procedures/ • CONE OF SILENCE • PROTEST PROCEDURES • DEBARMENT PROCEEDINGS • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES • CAMPAIGN CONTRIBUTIONS BY VENDORS • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-486 CITY CODE SECTION 2-371 CITY CODE SECTIONS 2-397 THROUGH 2-485.3 CITY CODE SECTIONS 2-481 THROUGH 2-406 CITY CODE SECTION 2-487 CITY CODE SECTION 2-488 ITB 2019-136-AY 4 MIAMi BEACH • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS, FAVORS & SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. JOINT VENTURES. Joint Ventures are not allowed. The City will only contract with the prime contractor. Proposals may, however, identify other sub-contractors or sub-consultants to the prime contractor. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, ITB 2019-136-AY 5 P,A,IAM BEACH services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputation, judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary, or higher), as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder (primary), followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive, responsible bidders in order of next best cost. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. Bidder acknowledges and agrees that this Contract and the award of any work hereunder, is non-exclusive, and the City may, at its sole and absolute discretion, award similar services or work to other firms under contract with the City (either as a co-primary contractor, or as secondary or tertiary contractors). No Purchase Order shall be issued to Contractor, and no work or Services shall be authorized under this Agreement, except at City's sole discretion. Contractor shall have no entitlement to perform any services hereunder, or to be compensated for any Services, unless set forth in a written Purchase Order. 16. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission, or as delegated by the City Commission. Said award shall constitute a binding Contract between the City and the awarded bidder(s). In case of default on the part of the successful bidder, after said award, the City may take such action as it deems appropriate, including legal action, for damages or specific performance. The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis ITB 2019-136-AY 6 BEACH through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Procurement Department prior to award of the Bid by the Mayor and City Commission. 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 21. AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 22. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractors failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be ITB 2019-136-AY 7 iv AAA' BEAC submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s) from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in Appendix A, No. 14 Acknowledgement of Addendum. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department, 1755 Meridian Avenue, 3,d Floor, Miami Beach, FL 33139 with a copy to the City Clerk. 30. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard ITB 2019-136-AY 8 AM 1 BEACH production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges (For example, 12-14 days) will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. ITB 2019-136-AY 9 BEACH 36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 37. NOT USED. 38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 39. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 40. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide, all award-related goods and services to the City on a "first priority" under the emergency conditions noted above. 42. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for ITB 2019-136-AY 10 A1A.Ali BEACH purposes of determining whether the low bidder meets specifications. 43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidders facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and 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; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. ITB 2019-136-AY 11 Mi AM BEACH 49. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 50. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 55. MODIFICATION/WITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 56. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of ITB 2019-136-AY 12 BEACH these stipulations may also result in the bidder's name being removed from the City's vendor list. 57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless -the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 61, PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Department, 1755 Meridian Avenue, 3,d Floor, Miami Beach, FL 33139. ITB 2019-136-AY 13 iAA/ I BEACH 65, SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 68. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented 'a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable "cure period" for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services, actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any ITB 2019-136-AY 14 ,\t\IAAA BEACH profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. ITB 2019-136-AY 15 3EAC SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT t SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within three (3) calendar days upon request from the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive. All corrections on the Cost Proposal Form shall be initialed. FAILURE TO SUBMIT THE MOST RECENT COST PROPOSAL FORM (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) MAY RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 2 • Bid Certification, Questionnaire and Affidavits (Appendix A). The City reserves the right to request any documentation omitted, with exception of the Cost Proposal Form (Appendix E), Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A), and Bid Bond (if applicable). Bid Submittals received that do not include the Cost Proposal Form, completed as required and fully executed, or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within three (3) business days upon request from the City, or the bid may be deemed non- responsive. Non-responsive bid packages will receive no further consideration. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2019-136-AY 16 APPENDIX "A" Proposal Certification, Questionnaire & Requirements Affidavit ITB 2019-136-AY For the Purchase Aggregate, Top Soil, and Sand PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-136-AY 17 Solicitation No: 2019-136-AY Solicitation Title: For the Purchase of Aggregate, Top Soil, and Sand Procurement Contact Arju Yudasto Tel: 305-673-7490 x6695 Email: AriuYudasto@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: PRO-GROUNDS PRODUCTS, INC. NO. OF YEARS IN BUSINESS: 19 1 NO. 9 OF YEARS IN BUSINESS LOCALLY: NO. OF EMPLOYEES: 4 OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: NONE FIRM PRIMARY ADDRESS (HEADQUARTERS): 8834 S.W. 131st Street CITY: Miami STATE: ZIP CODE: Florida 33176 TELEPHONE NO.: 305-235-5101 TOLL FREE NO.: n/a FAX NO.: 305-235-5186 FIRM LOCAL ADDRESS: 8834 S.W. 131st Street CITY: Miami STATE: ZIP CODE: Florida 33176 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Kim Lautenslager ACCOUNT REP TELEPHONE NO.: 305-235-5101 ACCOUNT REP TOLL FREE NO.: n/a ACCOUNT REP EMAIL: p GP(Cp,— PROGROUNDSPRODUCTS.COM FEDERAL TAX IDENTIFICATION NO.: 65-1052965 The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ITB 2019-136-AY 18 APPENDIX "A" MIAMI BEACH ITB 2019436-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL AND SAND QUESTIONNAIRE 1. Pro-Grounds Products, Inc. is not a Veteran Owned Business. 2. SQR shall be provided upon request from the City. 3. No conflict of interest exists between the City and Pro-Grounds Products, Inc. 4. SEE REFERENCES & PAST PERFORMANCE, paragraph 4 attached at the end of this Appendix "A" 5. Pro-Grounds Products, Inc. has never had a suspension, debarment or contract cancellation. 6. Pro-Grounds Products, Inc. is in compliance with the Vendor Campaign contributions codes. 7. SEE EXECUTED GMCC CODE OF BUSINESS ETHICS, attached at the end of this Appendix "A". 8. [strike out] 9. Pro-Grounds Products, Inc. does not employ 51 or more full time employees, but is in compliance with the Equal Benefits for Domestic Partners Ordinance regarding sick Leave, family medical leave, and bereavement leave. 10. Pro-Grounds Products, Inc. is not now nor ever has been placed on convicted vendor list. 11. Pro-Grounds Products, Inc. is in full compliance with the non-discrimination Code. 12. Pro-Grounds Products, Inc. is in full compliance with the moratorium Resolution. 13. Pro-Grounds Products, Inc. is in compliance with the fair chance Ordinance. 14. Pro-Grounds Products, Inc. confirms receipt of Addendum 1 and Addendum 2. PRO-GROUNDS PRODUCTS, INC. 8834 SW 131 STREET MIAMI, FL 33176 REFERENCES & PAST PERFORMANCE APPENDIX "A", paragraph 4 MIAMI BEACH ITB 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND 1) MIAMI DADE COUNTY PARKS, RECREATION AND OPEN SPACES DEPARTMENT, MAINTENANCE DUSTIN LEVAN, SPORTS TURF MANAGER, 305-386-5239 dustin.levanPmiamidade.gov SUPPLY OF AGGREGATE, TOP SOILS AND SANDS: Mix Soil 70/30 and 80/20 sand/Florida peat; #220 silica sand; USGA and DOT top dressing sand; Fine crushed brick; 80/20 divot mix-Coarse Sand/Canadian Peat 2) MIAMI DADE COUNTY PARKS, RECREATION AND OPEN SPACES DEPARTMENT, ZOO MIAMI ERNESTO MARTINEZ, WAREHOUSE MANAGER, 305-251-0400 X-5084995, SUPPLY OF AGGREGATES, TOP SOILS AND SANDS: Various rock and pebbles, such as Texas Grit pebbles; Decomposed Granite; concrete screenings; silica sand; Florida Native Red clay/sand; top soil; 3) MIAMI DADE COUNTY PARKS, RECREATION AND OPEN SPACES DEPARTMENT, GOLF COURSES SUSI WALKER, GOLF COURSE SUPERINTENDENT 2, 305-235-6667, Susan.Walker@miamidade.gov SUPPLY OF AGGREGATES, TOP SOILS AND SANDS: Fine Aggregates and various non-FDOT materials: 80/20 divot mix ; #220 silica sand; USGA and DOT top dressing sand and trap sand 4) FLORIDA INTERNATIONAL UNIVERSITY CASEY MYERS, GROUNDS MANAGER, 954-478-6423, cvers@fiu.edu SUPPLY OF AGGREGATES, TOP SOIL AND SANDS: Mix Soil 70/30 and 80/20 sand/Florida peat; #220 silica sand; USGA and DOT top dressing sand; Fine crushed brick; Coarse Sand/Canadian Peat various ratios; Fine Aggregates and various non- FDOT materials: 80/20 divot mix ; #220 silica sand; USGA and DOT top dressing sand; Florida Native Red clay/sand; silica beach sand and volleyball beach sand. 5) ABM JASON HORN, GROUNDS MANAGER, 786-314-6659, Jason.Horn@abm.com SUPPLY OF AGGREGATES, TOP SOIL AND SANDS: Mix Soil 70/30 and 80/20 sand/Florida peat; #220 silica sand; USGA and DOT top dressing sand; Fine crushed brick; River rock; Coarse Sand/Canadian Peat various ratios; Fine Aggregates and various non-FDOT materials: 80/20 divot mix; #220 silica sand; USGA and DOT top dressing sand; Florida Native Red clay/sand; silica beach sand and volleyball beach sand. 6) VILLAGE OF PINECREST: TONY LAMAZARES, GROUNDS MANAGER, 305-297-9557 tlamazaresppinecrest-fl.gov 7) WESTMINSTER CHRISTIAN SCHOOL: EMIL CASTELLANOS, HEAD BASEBALL COACH 786-326-6698 ecastellanos@wcsmiami.org 8) CITY OF PARKLAND: ANTHONY DEGUIDA 754-224-6383 adeguida@citvofparkland.org SUPPLY OF AGGREGATES, TOP SOIL AND SANDS: Florida Native Red Clay/Sand; silica sand USGA and DOT top dressing sand; PRO-GROUNDS PRODUCTS, INC. 8834 SW 131 STREET Field marking chalk, marble dust MIAMI, FL 33176 GREATER MIAMI CHAMBER OF COMMERCE, MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of CommerCe ('GMCC") seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help gyide decisions and actions based on respect for the importance of ethical business standards in the community, The GMCC believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. Compliance with Government Rules & Regulations • We will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; • We will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment, Selection & Corripensation of Vendors and Suppliers We will avoid conflicts of interest and disclose such conflicts when identified; Gifts which compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such a kickbaOk. Business Accounting • All cur financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions or secret accounts. Promotion and Sales of Products and Services Our products will comply with all applicable safety and quality standards; We will promote and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competitors; Doing Business with the Government Date Pro -6 row1-43 ProdL.Q.A rAc. Company Name Corpo ate Offic 3 - 2- e—/ We will conduct business with government agencies and employees In a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our bids will be competitive, appropriate to the bid documents and arrived at independently; • Any challenges to contracts awarded will have a substantive basis and not be pursued merely because we are the, unsuccessful bidder; • We will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. We will not seek or expect preferential treatment on bids based on our participation In political campaigns. Public Life and Political Campaigns We encourage all employees to participate in community life, public service and the political process; We encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues; Our contributions to political parties, committees or individuals will only be made in accordance with applicable law and will comply with all requirements for public disclosure, All contributions made on behalf of the business must be reported to senior company management; • We will not contribute to the campaigns, of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. • We will not knowingly disseminate false campaign information or support those who do. 1. Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES XX NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: httus:i1supplierportaldnb.comfwebapp/wcsIstoresIservletISupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three (3) days of request. 3. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates 4. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to i lisLpirformance by an •ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http://www.miamibeachfl.covicitv-halUorocurement/nrocurement-related-ordinance-and-procedures/ ITB 2019-136-AY 19 eanle-Ein-a-paFtieular-yeaF) t • t• ••••-: . • t:•-• • :et •e• - et• - _•: •••• - _et C'ty's electronic complianco portal, LCP Tracker (LCPTracker.net). 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? XI YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave X X Family Medical Leave X X Bereavement Leave X X If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http://www.miamibeachtl.govicitv-hall/procurement/procurement-related-ordinance-and- procedures/ B 2019-136-AY 20 8. 10. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 11. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chalice Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. 14. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Receipt Initial to Confirm Receipt Initial to Confirm Receipt X Addendum 1 Addendum 6 Addendum 11 X Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. ITB 2019-136-AY 21 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2019-136-AY 22 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: PRO-GROUNDS PRODUCTS, INC. Title of Proposer's Authorized Representative: Kim Lautenslager Signature of Proposer's Autho Representative: /\ (/Th Cto 1 -...i_l,c,,,_(--- Qr' Date: 4/1/19 ITB 2019-136-AY 23 APPENDIX B "No Bid" Form ITB 2019-136-AY For the Purchase of Aggregate, Top Soil, and Sand PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3r d Floor Miami Beach, Florida 33139 Note: It is important for those vendors who have received notification of, this solicitation but have decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid- provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may result in not being notifiedl of future solid-c;Itions by the City. 11-18 2019-136-AY 24 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: _ Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications _Unable to meet service requiremen Unable to meet insurance requi ments i/ ye Do not offer this product/se ce _OTHER. (Please specify) We do do not / want to be retained on your mailing list for future proposals of this type prod/ct and/or service. Signature: / Title: Legal Co any Name: Note: Failure to respond, either by submitting a proposal or this completed form, may r suit in your company being removed from our vendors list. PLEASE ETURN TO: CITY OF IAMI BEACH PROC EMENT DEPARTMENT ATTN: Arju Yudasto, Procurement Contracting Officer I PRO OSAL # 2019-136-AY 175 MERIDIAN AVENUE, 3rd FLOOR M MI BEACH, FL 33139 ITB 2019-136-AY 25 APPENDIX C Specifications ITB 2019-136-AY For the Purchase of Aggregate, Top Soil, and Sand PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-136-AY 26 1. Minimum Eligibility Requirements. Intentionally Omitted. 2. Specifications. The following specifications shall be considered the minimum acceptable requirement for each item. In cases where the specification is silent or unclear, all items, as applicable, supplied to the City of Miami Beach pursuant to this ITB shall comply with the standards or specifications established by the Florida Department of Transportation (FDOT). The Florida Department of Transportation Standard Specifications for Road and Bridge Construction is incorporated herein by reference. 3. Aggregate. When applicable, materials shall comply with the requirements of FDOT Standard Specifications for Road and Bridge Construction: DIVISION III - MATERIALS Section 901 (ALL) — Coarse Aggregate Section 911 (ALL) — Base and Stabilized Base Limerock Base 3.1. Crushed Lime Rock: As per FDOT specification 911, Based and Stabilized Base Limerock Base. This limerock shall be obtained from pits from which all overburden has been removed prior to blasting. It shall show no tendency to air slake or undergo chemical change under exposure to weather. For purposes of geological designation, all limerock mined below the 28th degree parallel of latitude in the State of Florida shall be considered only under the classifications of limerock — Miami Oolite Formation. The minimum percentage of carbonates of calcium and magnesium in the limerock material shall be 70. The maximum percentage of water-sensitive clay mineral shall be 3. The maximum percentage of organic matter shall be 0.5. Any constituents other than the above shall be silica or inert material. The material shall be non-plastic. The material shall be uniform in quality and shall not contain cherry or other extremely hard pieces, or lumps, balls, or pockets detrimental to the proper bonding, finishing or strength of limerock base. At least ninety-seven (97) percent (by weight) of the material shall pass a 3 1/2 inch sieve and the material shall be graded uniformly down to dust. The fine material shall consist entirely of dust fracture. The fragmenting or breaking up shall be done in the pit or elsewhere, prior to being loaded on bidders truck, provided the specified gradation requirements are obtained. 3.2. Ballast Rock #4: As per FDOT specification 901, for course aggregate. 3.3. Pea Rock: As per FDOT specifications 901-1.1 through 901-1.4, for course aggregate. Rock size #89 unless otherwise specified at the time order is placed. ITB 2019-136-AY 27 3.4. A.S.T.M. Rock # 57: As per FDOT code #10, for coarse aggregate. NON-FDOT MATERIALS 3.5. Seminole chips: deep brownish red, crushed (1", 1"-3") (Bagged) 3.6 River rock: brown with cream and white, smooth rounded pebbles, 1/4" -'IA", straight'/" (Bagged) 3.7 Mexican beach pebbles: -Black 5-8" (Bagged) 3.8 Chattahoochee River Rock: decorative natural stones or marble (bagged) 3.9 Fine Crushed Brick: 3/8" fine crushed brick (by tons) 3.10 Decomposed Granite: grey colored granite rock that is broken down 3.11 Crushed Coquina: mix of 50% crushed limestone and 50% crushed sea shell 4. Top Soil. Topsoil shall consist of natural loam, sandy loam, silty loam, silty clay loam or clay loam humus-bearing soils adapted to the sustenance of plant life and such topsoil shall be neither excessively acidic nor excessively alkaline. The organic content of the topsoil shall be not less than 5% or more than 15%. 4.1 Mix Soil 70/30: Silica quartz sand, 30% organic Florida peat, must pass through a # 4 sieve. 4.2. Mix Soil 80/20: quartz sand, constituency of the mixture must pass through a # 4 sieve, 20% organic Florida peat F.O.B. Pit 5. Sand. When applicable, materials shall comply with the requirements of FDOT Standard Specifications for Road and Bridge Construction: DIVISION III - MATERIALS Section 902 (ALL) — Fine Aggregate 5.1. 80% Divot Mix Sand and 20% Peat Humus Topdressing: Material tested and approved FDOT Spec (or approved equal) NON-FDOT MATERIALS 5.2. Concrete Screening: Crushed Iimerock and natural sand, course grade. Sieve size #4 screening to be no larger than .187 of an inch. ITB 2019-136-AY 28 5.3. Sand PGP: # 220 SILICA TRAP (Silica Sand) 5.4. Top dressing sand (304): Spec 304 USGA 5.5. Top dressing sand (329): Spec 329 DOT 5.5 Silica (Quartz) Beach Sand: shall be composed only of naturally occurring hard, strong, durable, uncoated grains of quartz, reasonably from coarse to fine. 5.6.Florida Native Red Baseball infield Clay/Sand: Red in color, approximately 30% clay 70% sand; typical of red clay or terra cotta. Composition for baseball infield surface use, free of rock, roots, soil, sand pockets and any other foreign matter. ITB 2019-136-AY 29 APPENDIX D Special Conditions ITB 2019-136-AY For the Purchase of Aggregate, Top Soil, and Sand PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 'TB 2019-136-AY 30 1. TERM OF CONTRACT. This contract shall remain in effect for two (2) years from date of contract execution by the Mayor and City Clerk. The City of Miami Beach has the option to renew the contract at the sole discretion of the City Manager for an additional three (3), one (1) year periods, on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six (6) months. 2. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT. If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the two (2) year term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.1 OPTION TO RENEW WITH PRICE ADJUSTMENT: The contract could be extended for an additional three (3), one (1) year terms, on a year to year basis, at the sole discretion of the City Manager. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer Price Index CPI-U (all urban areas) computed 60 days prior to the anniversary date of the contract. It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the vendor's request for adjustment should be submitted 60 days prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the vendor, the City will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. 3. METHOD OF PAYMENT. The vendor shall submit an invoice to the City user department(s) that requested the service through a purchase order. The date of the invoices shall not exceed thirty (30) calendar days from the date service was provided. Under no circumstances shall the invoice be submitted to the City in advance of the services being provided. In addition the invoice shall reference (or include a copy of) the corresponding documentation (pick-up ticket number) that was signed by an authorized representative of the City user department at the time the service was provided. Failure to submit invoices in the prescribed manner will delay payment. 4. DELIVERY REQUIREMENTS: The vendor shall have cement concrete plant-mix products, asphalt concrete, or aggregate, top soil, and sand, available for delivery, within 2 calendar business days after the date the order is scheduled by authorized City personnel, unless otherwise ITB 2019-136-AY 31 agreed to by the parties. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the City of the delays, in advance of the original delivery date, so that a revised delivery schedule can be appropriately considered by the City. Upon delivery, all materials shall be unloaded by the vendor. Delivery shall be prior to 3:30 PM, Monday through Friday with-in the City of Miami Beach, which are considered REGULAR HOURS. From time to time the City may place orders for NON-REGULAR HOURS which are emergency orders to be delivered after hours (weekdays after 3:30 pm), weekends (Saturdays and Sundays) and/or Holidays. Should the vendor(s) to whom the contract(s) is awarded fail to deliver in the number of days stated above, the City reserves the right to cancel the order seek the items from another vendor, and charge the incumbent vendor for any re-procurement costs. If the vendor fails to honor these re-procurement costs, the City may terminate the contract for default. Certain City employees may be authorized in writing to pick-up materials under this contract. Vendors shall require presentation of this written authorization. The vendor shall maintain a copy of the authorization. If the vendor is in doubt about any aspect of material pick-up, vendor shall contact the appropriate user department to confirm the authorization. 5. BACK ORDER ALLOWANCES: The City shall not allow any late deliveries attributed to product back order situations under this contract. Accordingly, the vendor is required to deliver all items to the City within the time specified in this solicitation and resultant contract; and no grace period on account of back order situations shall be honored, unless written authorization is issued by the user department, and a new delivery date is mutually established. In the event that the vendor fails to deliver the products within the time specified, the City reserves the right to cancel the order, seek the items from another vendor, and charge the incumbent vendor for any re-procurement costs. If the vendor fails to honor these re-procurement costs, the City may terminate the contract for default. 6. WARRANTY/GUARANTEE REQUIREMENTS: 6.1 TYPE OF WARRANTY COVERAGE REQUIRED: In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its product and/or service against faulty labor and/or defective material upon delivery of material to the City. This warranty requirement shall remain in force for the full period identified above; regardless of whether the bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. 6.2 CORRECTING DEFECTS COVERED UNDER WARRANTY: The bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, upon delivery, and after the City notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the ITB 2019-136-AY 32 period specified, the City may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a City bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within 2 calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 7. QUANTITIES. The quantity or amount specified herein are estimated only and not a commitment or guarantee of the amounts required by the City under this Bid. Vendor is not authorized to manufacture, produce, ship or perform unless it has received a release or request for a specific quantity for items/materials specified in the contract ordered pursuant to this bid by an authorized representative of the City. All invoices must be equal to or less than the cost specified in the contract. The City shall not be obligated or liable for any payments in excess of the amounts released or requested pursuant to this bid or for unit prices that exceed those stipulated in the contract. ITB 2019-136-AY 33 APPENDIX E Cost Proposal Form ITB 2019-136-AY For the Purchase of Aggregate, Top Soil, and Sand PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-136-AY 34 APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established or the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance, The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E) shall be initialed. Item Description AGGREGATE— Aggregate to be delivered to the City at the Estimated Annual Quantity following unitprices 1,500 U / M TN in accordance Total Unit Cost (Quantity_X_Unit Cost) with the bid seecifications. $ 25.40 I $ 38,100.00 1 Crushed Lime Rock Base 2 Ballast Rock # 4 150 TN $ 38.80 $ 5,820.00 3 Pea Rock 150 TN $ 37.00 $5,550.00 4 A.S.T.M. Rock # 57 1,000 TN $ 43.00 $43,000.00 5 Seminole Chips Deep Brownish Red, crushed (1", 1"-3"): (Bagged) Pallets (60, 40 ra bags) $ 12.55 $3,765.00 6 River Rock Brown with cream and white, smooth rounded pebbles, 1/4" - 1/2", straight W: (Bagged) 5 Pallets (60, 40 lb begs) $7.99 $ 2,397.00 7 Mexican Beach Pebbles -Black 5-8' (Bagged) 5 Pallets (60 sags) lb , 40 $ 37-53 $11,259.00 8 Chattahoochee River Rock (Bagged) 5 Pallets lb , 40 (60 gags) ,,, 7.99 $ 2,397.00 g 3/8° Fine Crushed Brick 5 TN $199.60 $998.00 10 Decomposed Granite 150 TN $ 97.50 $14,625.00 11 Crushed Coquina 300 TN $103.45 $31.035.00 TOP SOIL — Top Soil to be delivered to the City at the following unit prices in accordance with the bid specifications 12 Mix Soil 70/30, Silica quartz sand, 30% organic Florida peat, must pass through a # 4 sieve ZS 23 TNa 42.84 $985.32 13 Mix Soil 80/20, quartz sand, constituency of the mixture must pass through a # 4 sieve, 20% organic Florida peat F.O.B. Pit n 23 TN $ 43.63 $1,003.49 SAND— Sand to be delivered to the City at the following unit prices in accordance with the bid specifications. 14 80% Divot Mix Sand and 20% Peat Humus Topdressing Material tested and approved Florida DOT Spec (or approved equal). 75 69 TN $ 58.69 $ 4,049.61 15 Concrete Screening Sand 2,000 TN $ 31.00 $ 62,000.00 16 Sand PGP # 220 SILICA TRAP (Silica Sand) 25 TN $ 32.72 $ 818.00 17 Top dressing sand Spec 304 USGA 400 TN $ 42_25 $16,900.00 ITB 2019-136-AY PRO-GROUNDS PRODUCTS, INC. 8834SW 131 STREET MIAMI, FL 33176 35 18 Top dressing sand Spec 329 DOT 400 TN $ $ NO BID 19 Silica (Quartz) Beach Sand 100 TN $ 35.40 $ 3,540.00 20 Florida Native Red Baseball infield Clay/Sand. Red in color, approximately 30% clay 70% sand; typical of red clay or terra cotta. Composition for baseball infield surface use, free of rock, roots, soil, sand pockets and any other foreign matter. 125 TN S 36.42 $ 4,552.50 ADDITIONAL FEES FOR NON.REGULAR HOURS (REFER TO APPENDIX D, Section 4) Rem Description U I Unit Cost 1 2 Mobilization charge to open and operate plant on weekdays, weekends (Saturdays and Sundays), and holidays after plant operational hours. Additional charge to deliver on weekdays, weekends (Saturdays and Sundays), and holidays after plant operational hours. Per Order $ NO BID Per Ton NO BID 3 Emergency Delivery Charge Per Order S NO BID Bidder's Affirmation Company: PRO-GROUNDS PRODUCTS, INC. Authorized Representative: Kim Lautenslager Gen. Mqr. Address: 8834 S.w. 131st Street, Miami, Florida 33176 Telephone: 305-235-5101 Email: PGPPROGROUNDSPRODUCTS.COM Authorized Representative's Signature: , 1.,-;:-,, '--7-c-L.4„LA :A,,,,,, ( ;.:, ( :—/- PRO-GROUNDS PRODUCTS, INC. 8834 SW 131 STREET MIAMI, FL 33176 ITB 2019-136-AY 36 APPENDIX F Insurance Requirements ITB 2019-136-AY For the Purchase of Aggregate, Top Soil, and Sand PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-136-AY 37 CERTIFICATE HOLDER CANCELLATION CTYMIAB CITY OF MIAMI BEACH PROCUREMENT DIVISION MARIA ESTEVEZ 1700 CONVENTION CENTER DR. MIAMI BEACH, FL 33139 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE OP I ALC012b- 1/4.----- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDITYYY) 03/05/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 306-262-0096 BUTLER, BUCKLEY, DEETS INC. 6161 BLUE LAGOON DR., STE 420 MIAMI, FL 33126 Garrett T Butler CONTACT RACHEL PERDOMO me; PHONE FAX (NC. No. Eat): 305.262-0086 (NC, No): ADDRESS' RACHEL@BBDINS.COM INSURERS) AFFORDING COVERAGE NAIL # INSURER A: LIBERTY MUTUAL INS CO INSURED PRO-GROUNDS PRODUCT, INC. KIMBERLY HARDY 8834 SW 131 STREET MIAMI, FL 33176 INSURER S: INSURER C : INSURER D : INSURER S : INSURER F : OVERAG • • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TR TYPE OF INSURANCE ADDL INSO SUER Wvn POLICY NUMBER POUCY EFF . . In i /TYYY) POLICY EXP IMM/DOTYYYTI UNITS A X COMMERCIAL GENERAL LIABILITY Y BKS57776403 03/14/2019 03/14/2020 EACH OCCURRENCE S 1,000,000 CLAIMS-MADE 1 X I OCCUR .9ZIGsEFIcip RENTE 1 $ 300,000 MED EXP (Any one person) S 15,000 PERSONAL & ADV INJURY S 1,000,000 GEhTL 1 AGGREXA POLICY I OTHER: UMIT APPLIES PER: 1128-r ri LOC GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 _...._ AUTOMOBILE LJABILDY ANY AUTO OWNED AUTOS ONLY iiiffs, ONLY — _ SCHEDULED AUTOS z91-4a oNFL-9 COMBINED SINGLE UMIT fEa accident) S BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S S UMBRELLA UAB LIAB r_EXCESS OCCUR CLAIMS-MADE EACH OCCURRENCE S AGGREGATE S DED RETENTION S S ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE /MEMBER EXCLUDED? (Standatory in mi) It yes, descnbe under DESCRIPTION OF OPERATIONS below Y I N N IA WORKERS COMPENSATION AND EMPLOYERS' UABIUTY STATUTE ER E.L EACH ACCIDENT S EL DISEASE - EA EMPLOYEE S E.L DISEASE - POLICY UMIT S DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) CITY OF MIAMI BEACH IS NAMED AS AN ADDITIONAL INSURED UNDER THE GL POLICY. AGORA 25 25 (2018/03) (D 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POUCY DESCRIBED BELOW. This certifies that: Ea STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or 0 STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below : Named Insured Pro Grounds Products, Inc Address of Named Insured 8834 SW 131st St Miami, Fl 33176 POUCY NUMBER MUTL 770 8031-B16-59C MUTL 9114562.013.59A EFFECTIVE DATE OF POLICY 0211612019 TO 08116/2019 10-13-2018 to 04-13-2019 DESCRIPTION OF VEHICLE 2007 FORD F250 SD 1FTSX2OPX7EB02044 ' ENOL LIABILITY COVERAGE OYES • NO ®YES E NO E YES E NO . YES ONO LIMITS OF LIABILITY a. Bodily Injury Each Person $1,000,000.00 $1,000,000.00 a. Bodily Injury Each Accident $1,000,000.00 $1,000,000.00 b. Property Damage $1,000,000.00 $1,000,000.00 c. Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE COVERAGES a. Comprehensive ®YES E NO DYES E'd NO DYES ONO Deductible EYES ONO Deductible $500.00 Deductible Deductible b. Collision EYES n NO • YES co NO • YES E NO DYES ONO Deductible $500.00 Deductible Deductible Deductible EMPLOYER'S NON-OWNERSHIP COVERAGE 0 YES E No Eli YES • NO E YES E NO EYES ONO HIRED CAR COVERAGE DYES ONO 0 YES ONO EYES • NO • YES :NO 4 7 lj Signa e tea/ ed6 Cresentatve AGENT STAFF 6583 02/18/2019 Title Agent's Code Number Name and Address of Agent Date Name and Address of Certificate Holder City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 L Steve Myers Insurance Agency, Inc 9004 SW 152nd Street Miami, FL 33157 305-253-5800 L_ Check if a permanent Certificate of Insurance for liability coverage is needed: 0 Check if the Certificate Holder should be added as an Additional Insured: El Remarks: Sincerely, goe-R u ds PROdUC TS INC. SPORT FIELD AGGREGATES im.d.MATERAISAN0161111PMita )p.A.04 8834 SW 131 Street Miami, FL 33176 Tel: 305-23S-5101 Fax: 305-23S-51 BS POP@PROGROUNDSPRODUCTS.COM Date: April 1, 2019 To: City of Miami Beach Procurement Department Re: Workers Compensation Insurance To Whom It May Concern: This is to confirm that Pro-Grounds Products, Inc. has three or less employees and we are in compliance with Chapter 440, Florida Statutes. 7A,_ Kimberly Hard , resident Pro-Grounds Products, Inc. 04-03-2006 TOM GALLAGHER STATE OF FLORIDA CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW * * NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation Law. EFFECTIVE DATE: 02/07/2006 * * EXPIRATION DATE: N/A PERSON: FEIN: BUSINESS NAME AND ADDRESS: HARDY KIMBERLY 651052965 PRO GROUNDS PRODUCTS INC 8863 S W 129TH TERRACE MIAMI FL 33176 SCOPES OF BUSINESS 1- DISTRIBUTORS/WHOLESALE OR TRADE: IMPORTANT: Pursuant to Chapter 440 . 05(14), F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. QUESTIONS? (850) 413-1609 DWC -252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 01-04 MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value .00 Liquor Liability .00 Fire Legal Liability .00 Protection and Indemnity .00 Employee Dishonesty Bond .00 Other .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2019-136-AY 38 Pr o ers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Den ocu e ent Director A ADDENDUM NO. 1 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3'd Floor, Miami Beach, Florida 33139, www.miamibecchfl.gov PROCUREMENT DEPARTMENT Tel: 305.673-7490 Fax: 786-394-4002 ADDENDUM NO. 1 ITN 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND March 7, 2019 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. REVISIONS. Section 0200, Instructions to Bidders, is hereby revised as follows: 72. ADDITIONAL ITEMS I SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order (or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of $50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than $50,000. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. II. ATTACHMENTS. Exhibit A: Previous solicitation ITB No. 2015-042-JR bid tabulation Exhibit B: Pre-Bid Sign-in Sheet A forthcomin • addendum will contain responses to • uestions received. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadomiamibeachfl.qov. Procurement Contact: Telephone: Email: Arju Yudasto 305-673-7490, ext. 6695 ArjuYudasto@miamibeachfl.gov EXHIBIT A: ITB No. 2015-042-JR bid tabulation 2 ADDENDUM NO. 1 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND EXHIBIT B: Pre-Bid Sign-in Sheet ADDENDUM NO. 1 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCI-fASE OF AGGREGATE, TOP SOIL, AND SAND Description Qty/Tons ABC Transfer PRO Grounds Fla. Superior Price Total Price Total Price Total 1 Concrete Screening Sand 2000 $ 2650 $ 53,000.00 $ - $ - $ - $ - 2 Crushed Lime Rock Base 1500 $ 20.35 $ 30,525.00 $ - $ - $ - $ - 3 Ballast Rock # 4 150 $ 26.50 $ 3,975.00 $ - $ - $ - $ - 4 Pea Rock 150 $ 26.50 $ 3,975.00 $ - $ - $ - $ - 5 ASTM Rock # 57 1000 $ 26.50 $ 26,500.00 $ - $ - $ - $ - P.W. Total $ 117,975.00 $ -. 6 Mix Soil 70/30 25 $ - $ - $ - $ - $ 33.50 $ 837.50 7 Mix Soil 80/20 25 $ - $ - $ - $ - $ 32.25 $ 806.25 8 Seminole Chips 5 $ - $ - $ - $ - $ - $ - 9 River Rock 5 $ - $ - $ - $ - S - $ - 10 Mexican Beach Pebbles 5 $ - $ - $ - $ - $ - $ - 11 Chattahoochee River Rock 5 $ - $ - $ - $ - $ - $ - 12 Sand PGP 25 $ 35.00 $ 875.00 $ - $ - $ 25.20 $ 630.00 13 80% Sand / 20% Peat 75 $ - $ - $ - $ - $ 38.10 $ 2,857.50 14 Top Dressing 400 $ 35.00 $ 14,000.00 $ - $ - $ 25.20 $ 10,080.00 15 3/8" Fine chrushed brick 5 $ - $ - $ - $ - $ - $ - 16 Silica 100 $ 35.00 $ 3,500.00 $ - $ - $ 25.20 $ 2,520.00 17 Florida Native Red Baseball Clay 125 $ 85.00 $ 10,625.00 $ - $ - $ 32.50 $ 4,062.50 P&R Total ' $ . 29,004.00 $ - $ 21,793.75 1 Concrete Screening Sand 500 $ 28.50 $ 14,250.00 $ - $ - $ - $ - 2 Crushed Lime Rock Base 1000 $ 22.35 $ 22,350.00 $ - $ - $ - $ - 3 Ballast Rock # 4 50 $ 28.50 $ 1,425.00 $ - $ - $ - $ - 4 Pea Rock 50 $ 28.50 S 1,425.00 S - 5 - $ - S - 5 ASTM Rock # 57 500 $ 28.50 $ 14,250.00 $ - $ - $ - $ - Emergency Total $ 53,700.00 : $ - ; $ •- Grand Total - $ 200,675.00 $ - $ 21,79335 3 ADDENDUM NO. 1 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND BEAC CITY OF MIAMI BEACH PRE-BID MEETING SIGN-IN SHEET 10:00 AM Procurement Department 1755 Meridian Ave, 31L. Floor Miami Beach, FL 33139 DATE. March 7, 2019 TITLE: INVITATION TO BiD (ITB) 2019-136-AY FOR PURCHASE OF AGGREGATE, TOP SOIL, AND SAND NAME COMPANY NAME EMAIL ADDRESS -- . (PLEASE PRINT) 1 1 I , AO/ Yv4asto ! City of Miami 84c:chi r..,thiyuckistoOmiamibpacht_gml Procurement Deparment PHONE NO. 305-6717490 exr. 6695 SILL rec44 t) C,,,CZT s, ne-G 4-r) CVAA 11t. -367 -I6 S° I 3 L. l'r-5-a.4'w . CJELIA4L6.0d.vt--.2t.471I 756 • 219. r 3.4 t,- t trJ (.... 4,t ,iv Yew , ( iii6 - 7 7, "•-% I / i // , 4 : - w l'i 0 trnit.pc,ef,,;,./r•-, ,:_•,, .1/4 0., ey,„4:// -=.4 764 , , .../ 7 k— In )/ Vo-tt4-03?",•1 8 .€-IrLdad 7314 -4,o SG 334 I / z Glen 11 12 13 14 1 6 15 1 j 5 ADDENDUM NO. 1 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL. AND SAND 5 }Ect*.IEW ya•Inet.ILEA. 6 ,0 /IN` tyd (iv Ztrtiiel ()el-4 t ( L---ttd-Ii4 (27FM 10 - L 14,k V\ kj (MR )4.6.3(( ecra, 2/3 C MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue, 3'd Floor, Miami Beach, Florida 33139, www.miamibeachn.gov PROCUREMENT DEPARTMENT Tel: 305-673.7490 Fox: 786-394-4002 ADDENDUM NO. 2 ITB 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND March 25, 2019 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). i. RESPONSES TO QUESTIONS RECEIVED. Q1: We would like to get a copy of last year's tabulation sheet. Can you help me with that please? Al: Please refer to Addendum No. 1 "Exhibit A". Q2: In order to quote this bid accordingly on the aggregates I need an idea of the material needed and approximate quantities. A2: Refer to Cost Proposal. Q3: Is the term of this contract two years? Does the bidder have a right to not extend the contract after two years? A3: The term contract is for two (2) years, and the bidder has the option to not renew the contract after the initial two year term. Q4: Is the delivery address 451 Dade Blvd. and/or anywhere in the City of Miami Beach? A4: Deliveries may be made Citywide. There is not one specific location. Q5: Will the orders be based on full load or partial load? A5: Orders will be based on full loads. Q6: Do we have to bid on all the items listed in the Cost Proposal form? A6: The bidder does not have to bid on all the items. Q7: In the Instructions to Bidders, in Section 2. Purpose; and Section 3. Solicitation Timetable; the dates given indicate that responses are due on April 1 'I ADDENDUM NO. 2 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND and a tentative decision by the Commission is expected on May 8, and yet the existing contract does not expire until March 2, 2020 (10 months later)? Do you intend to have such a long lead time or is the existing contract to be terminated early? A7: The City may replace the existing contract prior to the contract's expiration date. Q8: There was a question during the pre-bid meeting regarding the process for a contract renewal or extension, but the answer/clarification given at the meeting was not included in Addendum 1. The language of the ITB (Special Conditions, Term of Contract) states that "The City of Miami Beach has the option to renew the contract at the sole discretion of the City Manager for an additional three (3), one (1) year periods, on a year to year basis." The answer given at the pre-bid meeting indicated that approval was also secured from the contractor for any extension. Please clarify. A8: Refer to response A3 above. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(amiamibeachfl.ciov. Procurement Contact: Telephone: Email: Arju Yudasto 305-673-7490, ext. 6695 ArjuYudasto@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sin erely, enis P ocurement Director 2 ADDENDUM NO. 2 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL. AND SAND ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F MIAMIBEACi Insurance Requirements ITB 2019-136-AY For the Purchase of Aggregate, Top Soil, and Sand PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2019-136-AY MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. )0(X 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value .00 Liquor Liability .00 Fire Legal Liability .00 Protection and Indemnity .00 Employee Dishonesty Bond .00 Other .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 20 1 9-1 36-AY 38