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ITB-19-136-07 True Haul LLCCONTRACT NO. 19-136-07 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: kevintruehaul.net August 7, 2019 Kevin Perez True Haul, LLC 201 SW 2nd Avenue, Suite 111 Florida City, FL. 33034 Phone: 305-300-1749 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 Mr. Perez: On April 1, 2019, True Haul, LLC., 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 True Haul, LLC., (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 JorqeGueimunde@miamibeachfl.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 jere hinkle©miamibeachfl.gov or (305) 673-7730. Ale Dir rocurement Department AD/ME/AG We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. MIAMIBEACH CONTRACT AWARD PROCUREMENT DEPARTMENT 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 JeremyHinklemiamibeachfl.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. 2019-136-AY FOR PURCHASE AND DELIVERY OF AGGREGATE, TOP SOIL, AND SAND EXHIBIT A I BID TABULATION PRIMARY SECONDARY TERTIARY UNE ITEMS 1 AGGREGATE Desaiption Crushed Lime Rod, Base 179 FOR REGULAR HOURS (MONDAY-FRIDAY PRIOR Vendor Sod Tech Distributors Inc. TO 3:30 PM) Unit Cost $17.05 Vendor True Haul, LLC Unit Cost 517.35 Austin Tupler Trucking, Inc. $16.75 2 Bekaa Rock 4 4 TN Soil Tech Distributors, Inc. $23.80 Austin Tupler Trucking, Inc. OR Thin Haul IT 323.90 N/A N/A 3 Pea Rock TN Soil Tech Distributors, Inc. $23.80 True Haul, LLC 523.90 Austin Tupler Trucking, Inc. $24.25 4 A.S.T.M.Rodt457 TN Soil Tech Distributors, Inc. $23.80 Austin Tupler Trucking, Inc. OR Tr la Haul I IC $23.90 N/A N/A 5 Seminole Chem Deep 8rowniih Red. crushed II-.1,3"), (Bagged) rig0e),60. an ,bags, Pro-Grounds Product, Inc. 512.55 Superior Landscaping & Lawn Service Inc. $481125 N/A N/A 6 River Rogic Brown with cream and white, smooth rounded pebbHs, '4' - 77'. straight V: (Bagged) Palos 160 40 t, ,g, , Pro-Grounds Product, Inc . 57.99 Superior Landscaping & Lawn Service Inc. $367.35 N/A N/A 7 Mexican Beach Pebbles -Mack 5-8' (Bagged) Potters (60. 40 lb bags) Pro-Grounds Product, Inc_ 537_53 Superior Landscaping & Lawn Service Inc. $2,325.00 N/A N/A 8 Chanahocchee River Rock Mag Paints (60, 40 b bags) Inc.ee) Pro-Grounds Product, $7.99 Superior Landscaping & Lawn Service Inc. $302.25 N/A N/A 9 TN 3/8' Fine Crushed Beck Lawn Pro-Grounds Product, Inc. 5199.60 Superior Landscaping & Service Inc. 0350.00 N/A N/A 10 Decomposed Granite TN Pro-Grounds Product, Inc. $97.50 Superior Landscaping & Lawn Service Inc. $144.15 N/A N/A 11 12 Crushed Coquina TOPSOIL t a 1771 ri ir. o -quartz se •. . organic Florida peat, must pass though ado sieve TN TN Soil Tech Distributors, Inc. True Haul, LLC 548.00 $19.10 Florida Superior Sand Inc. Chin Diesel, Inc. 556.00 $28.00 True Haul, LLC $100.65 $38.45 Florida Superior Sand, Inc. 13 Ma soli am quartz sand. constituency of the mature must pass through a 1 4 sHve. 20% organic Fionda peat F.O.B. Pit SAND .NO ' a • an . • ea Humus Topdtessing Material tested and approved Florida DOT Spec (or approved squat TN -`=•._.} TN True Haul, LLC 520.00 $44.50 Chin Diesel, Inc. Pro-Grounds Product, Inc. $28.00 $58.69 Florida Superior Sand, Inc. 536.45 5115.32 14 Florida Superior Sand, Inc. Superior Landscaping & Lawn Service Inc. 15 Concrete Screenng Sand TN Austin Tupler Trucking, Inc. $21.50 Florida Superior Sand, Inc. $23.65 True Haul, LLC $23.90 16 Sand POP 4220 SILICA TRAP (Silica Sandl TN Soil Tech Distributors, Inc. 527.00 Florida Superior Sand, Inc. $29.25 Pro-Grounds Product, Inc. $32.72 17 Top dresang sand Spec 304 USGA TN Soil Tech Distributors, Inc. $26.75 Florida Superior Sand, Inc. $29.25 True Haul, LLC 531.15 18 Top dressng sand Spec 329001 TN Florida Superior Sand, Inc. $30.20 True Haul, LLC $34.50 Austin Tupler Trucking, Inc. 535.so 19 Seca (Omni Beach Sand TN True Haul, LLC 528.90 Florida Superior Sand, Inc. $29.25 Austin Tupler Trucking, Inc. $31.25 20 i ioiltlel l'IdtIVC INeU 1:MJCWIllugen Clay/Sand. Red in color, appeeinately 30% cite TO% sand; typical of red day or tetra coda. Composites to basebal Wield surface use. tree of rock. roots. soil sand pockets and any other foreign matter. TN Soil Tech Distributors, Inc. 526.00 Florida Superior Sand, Inc. $32.95 Pro-Grounds Product, Inc. $36.42 FOR NON-REGULAR HOUR DELIVERIES Mobizaton charge to open and operate plant on weekdays. weekends 'Saturdays and Sundays), and hofelays atter dant operational hours. Per Order Austin Tupler Trucking, Inc. Florida Superior Sand, Inc. Pro-Grounds Product. Inc. Soil Tech Distributors. Inc. True Haul LLC No fees Chin Diesel, Inc. $ 500.00 N/A N/A Superior Landscaping & Lawn Service Inc. 150% N/A N/A 1 Additional charge to deriver on we weekends tSaturdays and Sundays), and hoidays atter plant operational hours. Per Ton Austin Tupler Trucking, Inc. Florida Superior Sand, Inc. Pro-Grounds Product, Inc. Sell Tech Distributors, Inc. True Haul, LLC No fees Chin Diesel, Inc. 5 501.00 N/A N/A Superior Landscaping & Lawn Service Inc. 250% N/A N/A 3 Emergency Delvery Charge Per Order Ausun iupier iructung, inc. Florida Superor Sand, Inc. Pro-Grounds Product, Inc. Soil Tech Distributors, Inc. Trio Haul I I (' No fees Chin Diesel, Inc. $ 502.00 N/A N/A Superior Landscaping & Lawn Service Inc. 350% N/A N/A MIAMIBEACH PROCUREMENT DEPARTMENT CONTRACT AWARD 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 fss5901(@,aol.com Attn: Kim Lautenslager 8834 South West 131st Street Miami, Florida 33176 ri q p (@, p r o ci roundsp rod u ct s.co m 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 bertluer(@,aol.com Attn: Jesenia Otero 2200 North West 23 Avenue Miami, Florida 33142 joterosuberiorlandscacingcom 786-367-1680 305-634-0717 True Haul, LLC Attn: Kevin Perez 201 South West 2nd Avenue, Suite 111 Florida City, Florida 33034 kevin(@truehaul.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 FDOT 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 Distributor's, 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 ProlGrounds 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 I TB 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 q Attachment A Page 59 of 1291 ATTACIIMENT A Company Name: 44414 7.414/ 111420. Inc Om 014.1 WC S4415la Sidwowe Santl. I Pro te.aunel. P140414. Inc 5.43 1..4 Dom 4404,,Ina. lawn 544u I MI RIMS - 161514C417 ' 044/11040 L LP B 1.50/7440114744 414.11,1y ,,,fm IN TN Til 1 na r.,,, To41 101,,r40,, d 1,41,11 1,0 Co. 11 50 Nal 32.45000 UNE Unti C,..11 s 18 00 ITEMS 744 $ 27.75000 1.01 Coo $ 2.411 1.1 ITIvanuty • 11N•1 Gaul 5 E Una 4,1 5,,,,, 1004.15 4 lb* $--- d .2., 2,2 20 21 ,, ".....1• ... ''..13, . 4 14 • .7, ...4.."a",.- ....1 • " .• %IOW* 6.10 ---........... S0.01 BA..RWe4 101 1Y1 WOO 5 18 00 4,20000 .......__1110.__5 69000 s 14 /01. 5 1 ,, L ,1 44 11 14 5 P.R.4 24 00 5 4 200 00 5 24 15 5 1 >42 50 5 1100 5 .1 511, 4/ 5 4/ 85 5 ASTN Rua451 0600 48000000 74 60 ...$ 14000W 0 2512 1 . .5 *WART $ , SurW C11460.1. FkrArNI, 44.4117 11 71 4.4,4 PAP1(60, I0,,,,5, , ' 1 .10 aRn.ua lkiaauorone W, gu s.4e, W• 5" ways rtapes ..,0.0 00.1 • Lt. P0544 43,4 3r 5 540. . I 13,51001 P BS 1 17 .1 II 1141414744.117401110.7101 • P4411 .31 61441 a .. $ $ 4 . • 10 141,,,4<usul 15...I f/....,44411.1444 5 III ..$ • ..3 -...-$ . 0 17.1 11 ,..,_ 10.1 . IN TN $ $ e-- C 11. 103 45 1 I 1, , ,, ,, 13 130 00 I I. 4 .3.7.117::1 IX 1,1101,11.401P4.040.1140.41444,4 4 . TN 1 5 1141 00 5 .,,,,, • 14 45 5 ,41 /3 > 4186 5 1,0)100 $ 3 5716 5 I el9 00 13 .......... t....a.. .44na ...., a .04 4144w4, . TN 1 13300 ..IS 5 011 15 5 01+0 ,-. - I 000 15 $ • $ 30 3 1,471 0 0 0.4 4.414 441 OS Pm bS. Nu SW a4 MS 1141 1104,4 110.14.0410.140411141,4100 1141.0441•01,001 Sew 40.0444/ n TN 5 5 1.111, $ 111/50 11-1-1 15 ,C007445awinns1471 IN .11 5 4/.141 N11/0 5 56 IMO 01 5 ,1115 7 11 01 5 ,2.141, DV 5 24115 5 43100 PO 40 5 71, 37000 1,140 00 -- 9 45 00 0.30 10.1 twkIPCIPJ Th/tICA TRAP (5W'. TN 5 f40 3 I 50 5 WW 5 1.5 00iX• 5 1.7 ,,, 5 721/ 5 412 2,0 iia ; 4700 3 11 4044441,441444.056,4 40/ 111 16 01, 14 401i 00 5 'Y"9 $ •111 54 15 $ 1110000 T44,5.......05,1B DOT ica 10.10 B.0.5,"" 4m 100 TN TN 15 S11 $ 51 40 $ 5 2,411 52 1 1. 0 2 25 4 211472 I 114,44, 64144•4410.14,44 4440 35 .10 1 14+1 5 3 540 00 .5 li Se 25 51 IS 5500 $ 5 5 21 700 00 5,115 OO 6400 75 5 23.15 6,0111.75 19 moo 5 6 000 ni. 20 ix. 441.441141 0a4041040 4,42 111414.dur 14,444 al.T015..t ,,,,,,.1 al nod, 4,14,0741,wol 041.4414 04 mid .1...logullier luerpourA I p. 115 TN ADDITIONAL FEES , .....4.... ,....m61 4....0. a 5un14511 ow huhly.e.,Lui .4 P.001.1 5 5 50000 5 5 5 15016 46.10.4401.4.4041nerunw044,4. 41444 4,4444 dal 5w414N Lod 144ays.01/, 7141,44.0.114.4. Po TO, 501 00 S 5 5 25210 5 Food,e.ty0160N7Clu.12 7e.0.04 4 4 502 00 $ 5 $ 3500 5 LEGEND Page 60 of 1291 2019-136-AY FOR PURCHASE AND DELIVERY OF AGGREGATE, TOP SOIL, AND SAND ATTACHMENT A CompanyName: PP, 5611100 1215016950. Inc Supurior ..... 5600.11x. Sonelta 166 5160016021 LINE ITEMS wit mks o...wkr - '""""'"' UM um c. 1 0.40.84 030100. - ..' 1.1 loud 1.1 Total lot. ' thole.. Total 5191,611 61.1 • 1.1 C001 """' Irloanut,•13.t0001 ...1..18.11 roll ""' '" lOortil, 4 tho1,01 '''''' 5560n111"10910511 030....1Init /001 ! 10014014 a Unit ONO 3 .,,,, ,., p,„ 0,..,,,,, 159 I 516 / 2,,,,,,, 11 52,5,1r1 . • }1150 534 01/ 512 )5000 $1 HO 51360 t27,75000 53 690130 31 4 Si. tuo a] SS 090. 51/ 0, 60 5155 5% $3' 00, SW /3 511 19 Ns usw 55 071 CO 5 15 va .,,, p.c.' a. 51 SOS' III Oporto. 150 1 $25 91 JO... 63 63/ ' 514 oo 54 200110 52091 55 701 50 $O 00 55.59000 531 MVO.. 5351001 9.11.59 5637150 58190 535441 4. mi. 9,03.57 Iwo 53130 Atrom361.3 533900 5x800 516000.8 51.60 5. 6120 00 59100 $4300011 W.. 51000 m 490 69 S00% .240 5. NO 5119031k 1 , PA. 05. 10 5000 SO. 50 00 S000 SON 5000 5135$ !II., 1 503// SO 00 511130 5484 15 '41 51.941 /3 WOO 50 On 61 ''''1135Plat'..t..42110 06.0 Pplelt 00.50 06000 SO. SO OD 50 00 50. .0 l 50 00 5000 53. ''''''' I 96 559 50. 5000 $30/.35 • ."‘ "."'l 51306 /5 5000 50 00 ,. =TOL . 060, 0 , Pam as0.10 SO 01/ 50114 5000 SO. 5001 50 00 527 53 ."2_,6.ZIL_I 5161.65 5000 50 9 53135.04 , n'IS11.61S. Sam 5000 4/ 98•22011 1.1*I•m11.11/.. PAM 10 ,,..., 5001 SO. So on w.W WW 50.00 5)'21 '...... 515.4 50. 9000 son 25 .=.1.U.', 51.511x, 501/0 wq 3,11.10.1.00011100 6 TN 50 00 50 00 50 00 1000 54 45 $001 $140x, Pm,. .95.4 $0. 50 110 Ina Oa 56"fter9',Ilt!: r;), .3! 50477 54.54 0.6.6.50146206 193 So . 525. SO UV 50. Sow ,,.. 595 Su yratnal. . il1 625 dr 511 00 5011 5101 0. SOW Poloaljo IN i0 NI . I.- 1-, , _ ...___ a.. 4., I .6800 C On 00 545 cajoil i 311 NO a, II r iii"7"r ,„-iiiiig )117 1 1 .5 11211 91GdoomU6691, 209 01100/1011.5•111065154. Wu. •8 5 Ono 95 -u----/ 556 59 11,16240 5x000 """'"'" I 970000 5911 1' r '" I 599145 59509 51,0/1.00 5000 5000 55x16 51.419 00 519 10 P.".... S021.512 14 101901,020.169.• oat 5.00196xtel 649 Op Olow 990 6,2019 opt yap 116.90, • t 1 Ileklakorti 06 Pt 25 1 5910 51. I110 00 991014 s...... 1 10005 tans. I 54x0) 57,775 50 Ou 50102 $5010 51.011.0, 51000 P519011 I 59110 On S.. 03 99112 . N.,11&*-2.=.,. Phms loputes05215.512119.0 PM "von/Mo. DOT No.... ...0.6 .11 15 1 5.0 SO. WW SO 00 - Saa .13 I PtImoro I SSI1.69 toso6.5.5 I 54,903/5 SO. 50.00 51 4.311 I 10.1021 I 5000 - 50 051 S3331. 56.6.39. 1. 521.50 x2•••21 1 54,000 0.0 518. 556.0000u S. 65 ......'1' 1511 100 0.0 S. nu 58314000 5.78.03 5.3... 54659 511.340 ou. 511.... .=.2-1 3.,...0 16 r.7.1 A. V . . a a r... ,.. . 0.9 5050 1007 50 WOO 50.50009 547.95 .0.000,1 5111.x5 552.12 '.....11. $11111 MI 5579 0: $09.50 91.940 CO 511510 51115 01 0 al 1,., dorm .160N 10111904 10,12.002.2.60.1291201- 100 .100 TN 516 025 511 18 $. 200 50 ON WOO 54.5a SOW S. /7 510 206Flonpit A./.75741473,..1517 70.1 . 51)04 552 55 SO 00 516 90060 50 01 55976 75 50 00 Z.11101'..."' 510 1004 50 00 554.75 $54 25 571, /00 00 Sit 700 Co ;:t. LS Isalua 15 . 560 19 9.21016151 Or. 90•1 101 IN S5:1'IS 51 12506 Row 56 00000 $29 25 92 995 515 40 51 5.111 oci SO. 54 55 $5199 55 915 00 OB. 51 490 20 1.9661 Pod 1,059.5....ary 1951 09 1001 too,. ul pal el. 655.0 uppoeMe 0016520.1 10 660 1.15.55.69....1.0169.2 ...4....44444,44444,444.47.44474 p045. 9. I 551 20 56.4(2.50 5.3 00 SO. 511 95 Stoop., I 5,6.1. 1.511611/ 50/60. 595.00 56.525 01 $50 15 56,0111 15 905111 75 5,559 SO 526 W 51,750 C5, ATTACHMENT B SOLICITATION (ITB) AND ADDENDUMS MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3' Floor, Miami Beach, Ficrida 33139, wArouniarrtibeachfl.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 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. anidfor 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 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 RafaelGranadoamiamibeachfl.dov. Procurement Contact: I Telephone: 1 Arju Yudasto 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, 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 Pr o ers are reminded to acknowledge receipt of this addendum as part of your ITB submission. 'Sin Al= Dpn ocurfe ent Director .1111811E.13.8% 1 ADDENDUM NO. 1 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND MIAMI BEACH City of Miami Heath, i 755 Meridian Avenue, 3'd Floor, Miami Beach, Florida 33139, www.miarnibeachR.gcv PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 7.36-394-4002 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 soecified 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 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 questions receive& 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 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 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 $ - S - $ - $ - 2 Crushed Lime Rock Base 1500 . $ 20.35 $ 30,525.00 $ - $ - $ - $ - 3 Ballast Rock # 4 150 $ 25.50 r $ 3,975.00 $ - $ - $ - $ - 4 Pea Rock 150 $ 2530 I $ 3,975.00 $ - $ - $ - $ - 5 ASTM Rock # 57 1000 $ 25.50 [ $ 26,500.00 $ - $ - $ - $ - P.W. Total $ 117,975.00 $ - $ - 6 Mix .Soil 70/30 25 $ - $ - $ - $ - S 33.50 $ 837.50 7 Mix Soil 30/20 25 $ - $ - $ - 5 - $ 32.25 $ 806.25 8 Seminole Chips 5 $ - $ - $ - 5 - $ - $ - 9 River Rock 5 $ - $ - S - $ - $ - $ - 10 Mexican Beach Pebbles 5 $ - $ - $ - $ - $ - 5 - 11 Chattahoochee River Rock 5 $ - $ - $ - $ - S - $ - 12 Sand PGP 25 $ 35.00 $ 875.00 5 - $ - 5 25.20 $ 630.00 13 80% Sand / 2096 Peat 75 $ - 5 - $ - $ - 5 33.10 $ 2,857.50 14 Top Dressing 400 $ 35.00 $ 14,000.00 $ - $ - S 26..20 $ 10,080.CO 15 3/3" Fine chrushed brick 5 $ - $ - 1 $ - $ - $ - $ - 15 Silica 100 $ 35.00 $ 3,500.00 $ - $ - $ 25.20 $ 2,520.00 17 Florida Native Red Baseball Clay 125 $ 35.00 $ 10,525.00 $ - $ - 5 3250 $ 4,062.50 P&R Total $ 29,000.00 $ - $ 21,793.75 1 Concrete Screening Sand 500 5 2150 1 $ 14,250.00 $ - $ - $ - $ - 2 Crushed Lime Rock Base 1000 S 22.35 [ $ 22,350.00 $ - $ - $ - $ - 3 Ballast Rock # 4 50 5 23.50 I $ 1,425.00 $ - $ - $ - $ - 4 Pea Rock 50 5 23.50 $ 1,425.00. $ - $ - I $ - $ - 5 ASTNI Rock # 57 500 S 23.50 $ 14,250.00 $ - $ - l $ - $ - Emergency Total $ 53,700.00 $ - $ - Grand Total $ 200,675.00 $ - $ 21,793.75 7 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 6 .7 a / A L.S.1 .pct„zuf 4),,,A,E.--t;e: giA.Ausbevie_th-L. 4,42, 2 "3 r GM x 3 C VIA Ctitkkr; (2r t cm 3 c.d.t:/%4W 4,4k7 CeCC 7r,r. yCP..."EK -tir7e 9 /7 75-0 „ is 12 l0 13 IA 15 16 1 ri 14, \iBEACH CITY OF MIAMI BEACH PRE-BID MEETING SIGN-IN SHEET 10:00 AM Procurement Department 1755 Meridian Ave, 3' Floor Miami Beach, FL 33139 DATE. klatct1 7. 2013 Trill: INVITATION TO SID (ITS) 2019-136-AY FOR PURCHASE OF AGGREGATE, TOP SOIL AND SAND NAME COMPANY NAME EMAIL ADDRESS IREASE PRINT i Ad Y'JtiCastc City of Miami Beachi cliat_thabsiclaolzichff_gov 3054727490 Procurement Deportment! ext. 6695 2 6-67-T LITER roc TEC.44 DIcriz=iun!CS. eEZT.L4EXa4N.. ,-Sr; 1- /4 3 - — • Lebrj EfWYre/ 716 z/5" 51 ('` - 77 5 ADDENDUM NO. 1 INVITATION TO BID (ITB) No. 2019-136-AY FOR THE PURCHASE OF AGGREGATE, TOP SOIL, AND SAND PHONE NO. III : el: lel, 7:1‘ 6 I\V TAT 0\ TO 3 TB 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: M I AM I BEACH ARJU YUDASTO, PROCUREMENT CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7490 x 6695 I ArjuYudasto@miamibeachfl.gov I www.miamibeachfl.gov MI AM, 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 M 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[s1") if this ITB results in an award. The City_utilizes PublicPurchase (www.oublicourchase.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: A *u Yudasto 305-673-7490 x6695 Ar'uYudasto • miamibeachfl • 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. 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 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: htto://www.miamibeachfl.cov/citv-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 ,A1AMI 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 Bidders 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 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 govemmental contract, or on an as-needed basis ITB 2019-136-AY M IAN \ 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 /MIA I'd 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 M!A 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 manufacturers 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 IV,. I Ai\A ! 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 MMI.IROMI 10 f\ALAA/V\ ! 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 11 MIAN',1 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 MIAM,i 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 ac6ount 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 Manufacturers 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 bidders 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 bidders 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, 3rd 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 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 M1 AM I 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 ANY 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" MI AAA I Ei 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. 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: httos://supplierportaLdnb.com/webapplwesistoresiservlet/SubblierPortal?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 Datalrformance by prallic 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 induding, 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.miamibeachffioovicity-halVprocurement/orocurement-related-ordinance-and-procedures/ ITB 2019-136-AY 19 e ! e •t, .e: e •e t•-• : ! .e :e _ e •t _ - e- •e. e e• •!" t"" •t. same-(in-a-partisular-year), fines, as provided in thc City's Living Wage Ordinance, as amended. Further information on the Living Wagc requirement Is te •.. : :_te e. •-•.: e •. 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 he 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 htto://mw.miamibeachfi.dovicitv-hall/orocurement/orocurement-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 lime 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, induding 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 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 canoe►►ing 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 a►l the provisions of this Disdosure 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 a►l 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 govemed 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: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: ITB 2019-136-AY 23 APPENDIX B MIAMI rACH "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 nation 'this solicitation but have decided not to respond, to complete and submi the attached "Statement of No Bid." The "Statement of No Bid" provide the City with information on how to improve the solicitation process allure to submit a "Statement of No Bid" may result in not being notifie tuture sckcitations 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 1TB 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 % 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 1/4" (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 M AN\ Special Conditions 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 ITB 2019-136-AY 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 20 1 9- 1 3 6-AY 33 APPENDIX E MIAMIE 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 a 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 following unitprices 1,500 U I M TN in accordance Unit Cost with the bid specifications. $ Total (Quantity _X Unit_Cast) $ 1 Crushed Lime Rock Base 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, 'A" - '/2", straight Y4": (Bagged) 5 Pallets (60, 40 lb bags) $ $ 7 Mexican Beach Pebbles -Black 5-8" (Bagged) 5 Pallets (60, 4016 bags) ,,, $ 8 Chattahoochee River Rock (Bagged) 5 Pallets 40 (60, bags)lb $ $ g 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 $ S 15 Concrete Screening Sand 2,000 TN $ S 16 Sand PGP # 220 SILICA TRAP (Silica Sand) 25 TN $ $ 17 Top dressing sand Spec 304 USGA 400 TN $ $ ITB 2019-136-AY 35 ADDITIONAL FEES FOR NON-REGULAR HOURS (REFER TO APPENDIX D, Section 4) Item Description U / M 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 slant o•erational hours. Emer•enc Delive Char •e Per Order Per Ton Per Order 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 $ $ Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2019-136-AY 36 APPENDIX F MIAMI BEAC. 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 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. )00( 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 )0(X 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. )0(X 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 DIVIS,ON OF CORPORATIONS /i ripr, Prj 0.0000.."."7.0011,111 , !/: firfinui Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by FEI/EIN Number Florida Limited Liability Company TRUE HAUL, LLC Filing Information Document Number L17000056719 FEI/EIN Number 82-0765180 Date Filed 03/10/2017 Effective Date 03/10/2017 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 11/26/2018 Event Effective Date NONE Principal Address 201 S.W. 2nd Ave. Suite 111 Florida City, FL 33034 Changed: 02/08/2018 Mailing Address 201 S.W. 2nd Ave. Suite 111 Florida City, FL 33034 Changed: 02/08/2018 Registered Agent Name & Address PEREZ, LOUIS, JR. 201 S.W. 2nd Ave. Suite 111 Florida City, FL 33034 Address Changed: 11/26/2018 Authorized Person(s) Detail Name & Address Title MGR PEREZ, LOUIS, JR. http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 5/29/2019 201 S.W. 2nd Ave. Suite 111 Florida City, FL 33034 Title MGR TOPPINO, ANDREW 201 S.W. 2ND AVE. SUITE 111 FLORIDA CITY, FL 33034 Annual Reports Report Year Filed Date 2018 02/08/2018 2019 03/22/2019 Document Images 03/22/2019 — ANNUAL REPORT 11/26/2018 -- LC Amendment 02/08/2018 — ANNUAL REPORT 03/10/2017 -- Florida Limited Liability 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?inq... 5/29/2019 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 ex ecuted by the deadline established for the receipt of proposals will result in proposal bein6 deemed non-responsive and being 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. Estimated Annual Total Item Description Quantity U M s (Quant.ty X Unit_Cost) AGGREGATE- Aggregate to be delivered to the City at the following unitprices in accordance with the bid specifications. 1 Crushed Lime Rock Base 1,500 TN $17.35 $ 26,025.00 2 Ballast Rock # 4 150 TN $23.90 $ 3.585.00 3 Pea Rock 150 TN $23.90 $ 3,585.00 4 A.S.T.M. Rock # 57 1,000 TN $ 23.90 $ 23,900.00 5 Seminole Chips Deep Brownish Red, crushed (1", 1"-3"): (Bagged) 5 Palets (€4). 40 lb bags) $ N/A $ 6 River Rock Brown with cream and white, smooth rounded pebbles, '/. - Y2", straight %": (Bagged) 5 Pallets i60, 40 it) CO bags) $ N/A $ 7 Mexican Beach Pebbles -Black 5-8" (Bagged) 5 Pallets i60. 40 lb bags) $ N/A $ 8 Chattahoochee River Rock (Bagged) 5 Pallets (bags .4°)Ib $ N/A $ g 3/8" Fine Crushed Brick 5 TN $ N/A $ 10 Decomposed Granite 150 TN $ N/A $ 11 Crushed Coquina 300 TN $ 100.65 $ 33,195.00 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 25 TN $ 19.10 $ 477.50 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 $ 20.00 $ 500.00 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 TN $ N/A $ 15 Concrete Screening Sand 2,000 TN $ 23.90 $ 47,800.00 16 Sand PGP # 220 SILICA TRAP (Silica Sand) 25 TN $ 33.40 $ 835.00 17 Top dressing sand Spec 304 USGA 400 TN $ 31.15 $12,460.00 ITB 2019-136-AY 35 18 Top dressing sand Spec 329 DOT 400 TN $ 34.50 $13,800.00 19 Silica (Quartz) Beach Sand 100 TN $28.90 $ 2,890.00 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 $ 48.15 $ 6,018.75 ADDITIONAL FEES FOR NON.REGULAR HOURS !REFER TO APPENDIX 0 Sect,, Item Description Unit Cost 1 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. Emergency Delivery Charge 2 3 Per Order $ N/A Per Ton $ N/A Per Order $ N/A Bidders Affirmation Company: True Haul, LLC Authorized Representative: Louis Perez, Jr. Address: 201 SW 2nd Ave, Suite 111 Florida City, FL 33034 Telephone: 786-610-0330 Email: Louis@TrueHaul.net 1,/-- .......„_..eL ________ Authorized Representative's Signature: ITB 2019-136-AY 36 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- 36-AY 17 Sdiotation No Solicitation Title 2019-136-AY For the Purchase of Aggregate. Top Soil, and Sand Procurement Contact Tel Email: Arju Yudasto 305-673-7490 x6695 ArjuYudasto@miamibeachfl. •ov 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: True Haul, LLC NO. OF YEARS IN BUSINESS. 2 2 NO. OF YEARS IN BUSINESS LOCALLY. NO. OF EMPLOYEES: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: N/A FIRM PRIMARY ADDRESS (HEADQUARTERS): 201 SW 2nd Ave, Suite 111 CITY: Florida City STATE: Florida ZIP CODE. 33034 TELEPHONE NO.: 786-610-0330 TOLL FREE NO.: N/A FAX NO.: 305-847-8588 FIRM LOCAL ADDRESS 201 SW 2nd Ave, Suite 111 CITY: Florida City STATE: Florida ZIP CODE 33034 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Kevin Perez ACCOUNT REP TELEPHONE NO.. 305-300-1749 ACCOUNT REP TOLL FREE NO.: N/A ACCOUNT REP EMAIL: . Kevin@TrueHaul.net FEDERAL TAX IDENTIFICATION NO.. 82-0765180 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- 36-AY 18 1. Veteran Owned Business. Is Pro oser claiming a veteran owned business status? YES V 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://sunplierportal.dnb.comlwebapp/wcsistores/servlet/SupplierPortal?storelds11696 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 SCR 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- erformance by ilayirlic 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.miamibeachkoov/city-hall/procurement/procurement-related-ordinance-and-procedures/ ITB 2014- 36-AY 19 • - - : • • !."2 -••2 t: 2- t :t. Zt 't -2: . •..• ! : . : -• • . • • : 2. Effective January 1, 2019. covered employees 4h-health . - • t: •2. - • e ! : - : : : . : : • •:. . - . : • . • !! - . The hying wage-rate- inflation-using : : .::2 .-• t • • •• - : - - . • : ... : • : • : • - • • : - : : : • . : - • : 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 3 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 V 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 3 Sick Leave 3 Family Medical Leave 3 Bereavement Leave 3 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 htto://www.miamibeachtoovicity-hall/procurement/procurement-related-ordinance-and- procedures/ ITB 2019- 36-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 Chace 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 -1- 2 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- 36-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 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 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, unti► 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-' 36-AY 22 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: Louis Perez, Jr. - Tide of Proposes Authorized Representative. President Signature of Proposer's Au ho ' Rep alive: Date: 04/01/2019 ITB 2019- 36-AY 23 We do (1.::) not want to be retained on your mailing list for future proposals of this type product and/o Signature: Title: President 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) Legal Company Name: True Haul, LLC Note: Failure to respond, either by submitting a proposal szt 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 ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F M1AMIBEACH 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 I B 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. XXX 1. Workers' Compensation and Employees 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. )00( 8. Best's guide rating B+:VI or better, latest edition. )00( 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. FB 2019-136-AY 38