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Central Concrete Supermix, Inc.
Gad - ~/9/~~ ~ MIAMIBEACH CITY OF MiAM1 BEACH CERTIFICATION OF CONTRACT TITLE: For the Purchase of Bulk Concrete Mix CONTRACT NO.: 15-08/09 CONTRACT TIME: This contract shall remain in effect for one (1) year from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for two (2} additional years, on a year to year basis. SUPERSEDES: 01-03/04 CONTRACTOR(S): Central Concrete Supermix, Inc. ESTIMATED ANNUAL: $86,370 A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on September 9, 2009, a Contract has been approved for award and subsequent execution between the City of Miami Beach, Florida, and Contractor. B. EFFECT -This Contract is entered into to furnishing all labor, machinery, tools, supplies, equipment, materials and services necessary for, the purchase of bulk concrete Mix pursuant to City Of Miami Beach Invitation to Bid (ITB) No. 15-08/09 and any addenda thereto, and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State, and local taxes. A11 blanket purchase orders shall show the City of Miami Beach Contract Number 15- 08/09. D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any failure of Contractor for citywide lot clearance services the Contract Documents to Fred Beckmann, City of Miami Beach, Public Works Director at 305-673-7080. E. INSURANCE CERTIFICATE(S) -The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager prior to commencement of any services/work by Contractor. cin cLE~~ Page 2 Certification of Contract F. ASSIGNMENT AND PERFORMANCE -Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work and/or services required by the Contract Documents without prior approval from the City. Contractor warrants and represents that all persons performing any work and/or services. required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform same, to City's satisfaction, for the agreed compensation. Contractor shall perform the work and/or services required under the Contract Documents in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS -Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will. be required to conduct itself in a professional, courteous and ethical manner, and at all times and adhere to the City's Service Excellence standards. Training may be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public.work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. INDEPENDENT CONTRACTOR -Contractor is an independent contractor under this Contract. Services and/or work provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such work and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. THIRD PARTY BENEFICIARIES -Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. Page 3 Certification of Contract The parties expressly acknowledge that it is not their intent to create any rights or obligations. in any third person or entity under this Contract and/or the Contract Documents. K. NOTICES -Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Gus Lopez, Procurement Direc#or With .copies to: Public Works Department 1700 Convention Center Drive, 4th Ftoor Miami Beach, Florida 33139 Attn: Fred Beckmann, Public Works Director For Contractor: ' Central Concrete Supermix, Inc. 4300 SW 74t Avenue Miami, Florida 33155 Attn: Roy MacRobert Phone: 305-262-3250 Fax: 305-267-0698 E-mail: rmacrobert(a~supermix.com L. MATERIALITY AND WAIVER OF BREACH -City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall .not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. Page 4 Certification of Contract M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. N. APPLICABLE LAW AND VENUE -This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract andlor the Contract Documents. Contractor shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and/or insurances) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and all addenda issued, and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i} this Contract; (ii) the ITB; (iii) contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail .~ Page 5 Certification of Contract IN WITNESS WHEREOF the City n~Contractor ha a caused this Certification of Contract to be signed and attested on this ~ day of D~ ~ Y, 200, by their respective duly authorized representatives. TRACTOR e 'dent/ Signature ~~~ ~v Pint Name CITY OF MIAMI BEACH ayor ~~ 2 r' ~y Date ATTEST: Secretary/ Signature ~~ i~ ~ ~~ r~.na Prtnt Name - .- ~ 5 D to ATTEST: City Cierk ~~ zr o 9 Date t ~~ d`'` i _ its At Date APPROVED AS TO FORM ~ LANGUAGE ~ FOR EXECUTION ,, F:\PURC\$ALL\MARTA1Bids108-09115-08-09 Bulk Concrete\Contract\15-08-09 SuperMix.doc J COMMISSION ITEM SUMMARY :ondensed Title: Request for Approval to Award Contracts to A-1 Construction and Renovation LLC and Central Concrete Supermix Pursuant to Invitation to Bid No. 15-08/09, for the Purchase of Bulk Concrete Mix, in the Annual Estimated Amount of Ke Intended Outcome Su ooted: Ensure Well-Maintained Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): The 2007 Community Satisfaction Survey indicated that 49°k of residents rate the condition of sidewalks as good or excellent, and 54% of businesses rate as good or excellent. This is a 6% im rovement from 2005. Issue: Shall the City Commission Approve the Award of Contracts? Item Summary/Recommendation: The purpose of this bid is to establish a contract, by means of sealed bids, to a qualified contractor for the purchase and delivery of bulk concrete mix for the repair and maintenance of the sidewalks in and within the City of Miami Beach on an as needed basis. This contract shall remain in effect for one (1) year from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for two (2) additional years, on a year to year basis. Orders will be placed to vendors on an as needed basis to meet City usage requirements. BidSync and BidNet issued bid notices resulting in the receipt of four (4) bids from the following companies: A-1 Construction and Renovation, LLC; Central Concrete Supermix, Inc.; Logans Marketing; and Pro Mix, Inc. It should be noted that the City's regular bid process has resulted in a price that is reflective of the current market At present, it appears that the market is very competitive and that the City will continue to receive bids that are lower than those received in the past year or so. The public procurement process, which is an open and competitive, transparent process, has again served the City to provide a competitive price for this project, as it has in the past When the results of this Bid are compared to the existing rates for the most purchased strength concrete (3500 psi regular with Miami Beach Red additive), estimated savings of $15 per cubic yard ($7,500 annually) for picked-up concrete, and $9.55 per cubic yard ($955 annually) for delivered concrete will be realized. THE AWARD OF CONTRACT. Board Recommendation: Rinanr_ial Infnrma*inn~ Amount ; Account Approved Source of 1 $50,000.00 PW Street Account 011-9407-000342 Funds: 2 $20,000.00 PW Storm Water Acct. 427-0427-000342 3 $10,000.00 PW Water Account 425-0410-000342 4 $10,000.00 PW Sewer Account 425-0420-000342 6 O PI Total $90,000AO ~ Financial Impact Summary: j Gus Lopez Ext 6641 Sian-~ifFs: De ent Direct istan City M Crty Manager GL FB TH PDW JMG T:1AG~NDA120091September 91Consenfln'B 15-08-08 Bulk Concrete SUMMARY.doc ~ MIAMIBEACH s, islafive U~ AtaENaA ITEM Ce2~ BATE 9-9-v9 MAi~ ~~AC~ City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miami6eacliN.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Memberi of the City Commission FROM: Jorge M. Gonzalez, City Manager I DATE: September 9, 2009 SUB.IECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO A-1 CONSTRUCTION AND RENOVATION LLC, AND CENTRAL CONCRETE SUPERMIX PURSUANT TO INVITATION TO BID N0.15-08/09, FOR~THE PURCHASE OF BULK CONCRETE, IN THE ESTIMATED ANNUAL AMOUNT OF $90,000. i ADMINISTRATION RECOMMENDATION Approve the Award of Contracts. KEY INTENDED OUTCOME Ensure Well-Maintained Infrastructure. ~ FUNDING 1 Funds are available from budgeted accounts of the Public Works Department as follows: $50,000 Public Works Streets Department Account No. 011-9407-000342 $20,000 Public Works Storm Water Restoration Account No. 427-0427-000342 $10,000 Public Works Water Res#oration Account No. 425-0410-000342 $10.000 Public Works Sewer Restoration Account No. 425-0420-000342 $90,000 Total The estimated annual amounts are based on regull r operational funding availability. i ANALYSIS The purpose of this bid is to establish a contract, by means of sealed bids, to a qualified contractor for the purchase and delivery ofi bulk concrete mix for the repair and maintenance of the sidewalks in and within the City of Miami Beach~on an as needed basis. This contract shall remain in effect for one (1) year from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for two (2)~, additional years, on a year to year basis. Orders will be placed to vendors on an as needed basis to meet City usage requirements. BID PROCESS On May 26, 2009, Invitation to Bid (the "ITB°) No. 15-08/09, was issued with a bid opening date of June 25, 2009. APre-Bid Conference was held on June 10,.2009. Three (3) Addenda were issued to provide additional information and to respond to all questions submitted by the prospective bidders, thus extending the bid opening due date to July 2, 2009. I 68 Commission Memorandum - ITB 15-08/09 September 9, 2009 Page 2 of 3 BidSync and BidNet issued bid notices resulting in the receipt of four (4) bids from the following companies: • A-1 Construction and Renovation, LLC ("A-i1 Construction") • Central Concrete Supermix, Inc. ("Supermix") • Logans Marketing • Pro Mix, Inc. The City owns and operates its own five (5) yard transit mixer truck and will pick up materials on an as needed basis. There will also be need for occasional batches of concrete mix to be delivered by the successful Bidder. The following table provides the bid results for all bidders: .:PURCHASE OF BULK CONCRETE FOR PICK-UP OB-PLAN: Current Price A-1 Construction ~ Pro Mlx Inc. Logans Marketing Supermix Est. Q Unit Unlit Price Untt Price ;Unit Price Unit Price Unit Price 3000 PSl Re ular 60 CY $72.50 $66.00 $ 74.00 n/b $ 72.50 3500 PSI Re ular ~ 500 CY $74.00 $67.65 ($ 77.00 n/b $ 74.00 4000 PSI Re ular 40 CY $75.50 $69.30 w $ 80.00 n/b $ 75.50 Miami Beach Red 600 CY $85.00 $81.40 ~ $115.00 n/b $ 70.00 PURCHASE OF ~BUL~C' CONCRETE QELI~IERLD Current Price A-1 Construction ~ Pro Mix Inc. Logans Marketing Supermix Est Unit Unit Price Unit Price ! Unlt Price Unit Price Unit Price 3000 PSI Re ular i 30 CY $98.00 $ 79.20 ( $ 79.00 $ 79.00 Nb 3500 PSI Re ular ~ 100 CY $100.00 $ 80.85 ~ $ 82.00 $ 81.00 n/b 4000 PSI Re ular ~ 20 CY $102.00 $ 82.50 ~ $ 85.00 $84.00 Nb Miami Beach Red ~ 150 CY $85.00 $94.60 I $115.00 n/b Nb i This contract covers the purchases of ready-mixed concrete, with or without Miami Beach Red color additive for the Streets, Storm Water, and Water and Sewer Divisions of the Public Works Department. Pricing of red colored concrete is calculated by adding the price per cubic yard for regular concrete and the Miami Beach Red color additive. The price of the various strengths of concrete with Miami Beach red additive is as follows: 69 Commission Memorandum - ITB ?5-08/09 September 9, 2009 Page 3 of 3 PRICE PER CtJ~BIG;YARD WITH MIAMI BEACH RED Descri tion Current Price A-1 Construction Pro-Mix Supermix Pick-u Delivered Pick-u Delivered Pick-uu Delive Pic -u Delivered 3000 PSI $72.50 $98.00 $66.00 $79.20 $74.00 $79.00 $72.50 n/b Miami Beach Red $85.00 $85.00 $81.40 $94.60 $115.00 $115.00 $70.00 Nb Price er CY: $157.50 $183.00 $147.40 $173.80 $189.00 $194.00 $142.50 n/b 3500 PSI $74.00 $100.00 $67.65 $80.85 $77.00 $82.00 $74.00 n/b Miami Beach Red $85.00 $85.00 $81.40 $94.60 $115.00 $115.00 $70.00 n/b Price er CY: $159.00 $185.00 $149.05 $175.45 $192.00 $797.00 $144.00 Nb 4000 PSI $75.50 $69.30 $69.30 $82.50 $80.00 $85.00 $75.50 n/b Miami Beach Red $85.00 $81.40 $81.40 $94.60 $115.00 $115.00 $70.00 n/b Price er CY: $160.50 $187.00 $150.70 $177.70 $195.00 $200.00 $145.50 n/b * Logans Marketing is not included since they did notprovide a price for Miami Beach Red color additive. It should be noted that the City's regular bid process; has resulted in a price that is reflective of the current market. At present, it appears that the market is very competitive and that the City wil! continue to receive bids that are {ower than those; received in the past year or so. The public procurement process, which is an open and competitive, transparent process, has again served the City to provide a competitive price for this project, as it has in the past. When the results of this Bid are compared to the existing rates for the most purchased strength concrete (3500 psi regular with Miami Beach Red additive), estimated savings of $15 per cubic yard for an estimated 500 cubic yards per year ($7,500 annually} for picked-up concrete, and $9.55 per cubic yard for an estimated 100 cubic yards per year ($955 annually) for delivered concrete will be realized. After the Administration's review of the bidder's qualifications, experience, and capability, it was determined to be in the best interest of the City to recommend award per line item to A-1 Construction and Renovation LLC for the purchase of ready mix concrete without Miami Beach red additive both picked-up and delivered, and purchase of ready mix concrete with Miami Beach red additive delivered; and to award to Central Concrete Supermix the purchase of ready mix concrete with Miami Beach red additive to be picked-up by the City. A-1 Construction is an authorized distributor of bulk concrete mixes and other products of Amaralto Concrete Pump, Inc. Central Concrete Supermix is a National Ready Mix Concrete Association certified supplier that can offer a complete line of standard products and special mixes. CONCLUSION Based on 'the aforementioned, the Administration recommends that the Mayor and City Commission award contracts to A-1 Construction and Renovation LLC and Central Concrete Supermix for the purchase of ready mixed concrete pursuant to ITB No. 15-08/09 in the estimated annual amount of $90,000. T:\AGENDA12009\September 9\ConsentllTB 15-08-09 Bulk Concrete Memo.doc 70 ~' ,~ 1I~~ City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673-7490 ,Fax: 305-673-7851 INVITATION TO BID NO. i 5-08/09 ADDENDUM NO. 3 ~~ June 26, 2009 ' PURCHASE OF BULK CONCRETE MIX is amended as follows: I. ADD LANGUAGE TO BID PROPOSAL FORM PAGE 1 OF 3 REGARDING FOB PLANT PRICES (added language is shown in Italic): We propose to furnish -FOB Plant (within 1'5 mile radius of the City of Miami Beach or ,- within a travel time of no more than 60 minutes) Bulk Concrete Mix (in accordance with the minimum specifications). Bidders are not required to acknowledge receipt of this addendum. CITY OF MIAMI BEACH ~rrj. /%~/ /•F' ~` ~ Gus Lopez, CPPO Procurement Director mf m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beoch, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490 ,Fax: 305.673-7851 INVITATION TO BID NO. 15-08/09 ADDENDUM NO. 2 June 24, 2009 PURCHASE OF BULK CONCRETE MIX is amended as follows: The Deadline for the receipt of bids is hereby extended to July 2, 2009 at 3:00 p.m. Bidders are not required to acknowledge receipt of this addendum. CITY OF MIAMI BEACH :-~ may, ;~ ;: ~. Gus Lopez, CPPO Procurement Director mf PURCHASE OF BULK CONCRETE MIX BID # 15!08-09 Bid Proposal Page 1 of 3 We propose to furnish FOB Plant (within 15 mite radius of the City of Miami Beach) Bulk Concrete Mix (in accordance with the minimum specifications). LINE ITEM ESTIMATED ANNUAL UNIT COST TOTAL AMOUNT Material: 3000 PSI regular 60CY 3500 PSI regular 500CY 4000 PSI regular 40CY Addition of "Miami Beach Red" Color admixture. 600CY Q Q GRAND TOTAL (Written Amount) Amended 6/17/09 Bid No. 15-08/09 City of Miami Beach PURCHASE OF BULK CONCRETE MIX BID # 15!08-09 Bid Proposal Page 2 of 3 We propose to furnish Bulk Concrete Mix in accordance with the minimum specifications, DELIVERED with Miami Beach City Limits. LINE ITEM ESTIMATED ANNUAL UNIT COST TOTAL AMOUNT Material: 3000 PSI regular 30CY 3500 PSI regular 1000Y 4000 PSI regular 20CY Addition of "Miami Beach Red" Color admixture. 150CY m GRAND TOTAL (Written Amount) Amended 5/17!09 Bid No. 15-08/09 City of Miami Beach PURCHASE OF BULK CONCRETE MIX BID # 15!08-09 Bid Proposal Page 3 of 3 PAYMENT TERMS: NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: COMPANY NAME: SIGNED: (I certify that I am authorized to execute this bid and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). Addendum No. 1: Addendum No. 2: Insert Date Insert Date Addendum No. 3: Insert Date Addendum No. 4: Insert Date Addendum No. 5: Insert Date Addendum No. 6: Insert Date NAME/TITLE(Print): ADDRESS: CITYlSTATE: ZIP: TELEPHONE NO: FACSIMILE NO: E-MAIL: FEDERAL I.D.#: SIGNED: Amended 5/17/09 Bid No. 15-08/09 City of Miami Beach m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tei: 305-673-7490 ,Fax: 305.673-7851 INVITATION TO BID NO. 15-08/09 ADDENDUM NO. 1 June l7, 2009 PURCHASE OF BULK CONCRETE MIX is amended as follows: I. REVISED Bid Proposal Form is attached. Please submit the revised form when submitting your Bids. Bidders are reminded to please acknowledge receipt of this addendum on page 25 of the Bid Documents or the bid may be considered non-responsive. CITY OF MIAMI BEACH ,; it ,r,~r-.:~ i-=' ~~ ~. Gus Lopez, CPPO Procurement Director mf PURCHASE OF BULK CONCRETE MIX BID # 15/08-09 Bid Proposal Page 1 of 3 We propose to furnish FOB Plant (within 15 mile radius of the City of Miami Beach) Bulk Concrete Mix (in accordance with the minimum specifications). LINE ITEM ESTIMATED ANNUAL UNIT COST TOTAL AMOUNT Material: 3000 PSI regular 3500 PSI regular 4000 PSI regular Addition of "Miami Beach Red" Color admixture. 60CY $ 500CY $ 40CY $ 600CY GRAND-TOTAL Q (Written Amount) Amended 6/17/09 City of Miami Beach Bid No. 15-08/09 PURCHASE OF BULK CONCRETE MIX BID # 15/08-09 Bid Proposal Page 2 of 3 We propose to furnish Bulk Concrete Mix in accordance with the minimum specifications, DELIVERED with Miami Beach City Limits. LINE ITEM ESTIMATED ANNUAL UNIT COST TOTAL AMOUNT Material: 3000 PSI regular 3500 PSI regular 4000 PSI regular Addition of "Miami Beach Red" Color admixture. 30CY $ $ 1000Y $ $ 20CY $ $ 150CY Q GRAND TOTAL (Written Amount) Amended 5/17/09 Bid No. 15-08/09 City of Miami Beach PURCHASE OF BULK CONCRETE MIX BID # 15/08-09 Bid Proposal Page 3 of 3 PAYMENT TERMS: NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: COMPANY NAME: SIGNED: (I certify that I am authorized to execute this bid and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). Addendum No. 1: Addendum No. 2: Insert Date Insert Date Addendum No. 3: Insert Date Addendum No. 5: Insert Date Addendum No. 4: Insert Date Addendum No. 6: Insert Date NAME/TITLE(Print): ADDRESS: CITY/STATE: ZIP: TELEPHONE NO: FACSIMILE NO: E-MAIL: FEDERAL LD.#: SIGNED: Amended 5/17109 Bid No. 15-08/09 City of Miami Beach INVITATION TO BID PURCF9ASE OF BULK CONCRETE MIX Bid# 15-08/09 BID OPENING: JUNE 25, 2009 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION PUBLIC NOTICE Tel: 305-673- 7490, Fox: 786-394401 1 Invitation to Bid No. 15-08109 Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on June 25, 2009 for: PURCHASE OF BULK CONCRETE MIX At time, date, and place above, bids will be publicly opened. Any bids or bids received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/bid before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. Purpose: The purpose of this bid is to establish a contract, by means of sealed bids, to a qualified contractor for the purchase and deliver of bulk concrete mix for the repair and maintenance of the sidewalks in and within the City of Miami Beach on as needed basis. A Pre-bid conference will be held on June 10, 2009 at 10:00 a.m. in the City Manager's Large Conference Room, 4th Floor, City Hall, and 1700 Convention Center Drive, Miami Beach, Florida 33139. Attendance (in person or via telephone) to this Pre-bid meeting is encouraged and recommended as a source of information, but is not mandatory. Bidders interested in participating in the pre-bid submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980" (note that number is preceded and followed by the star (*) key). The City is utilizing BidNet as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notifications or to obtain a copy of this Bid, go to www.govbids.com/scripts/southflorida/public/home1.asp orcall toll-free 1-800-677-1997 ext. 214. The City of Miami Beach is also utilizing Bid Sync, a central bid notification system which provides bid notification services to interested vendors. Bid Sync allows for vendors to register online and receive notification of bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.bidsvnc.com If you do not have Internet access, please call the RFP Depot's vendor support group at 800-990- 9339 or 801-765-9245. Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (786) 394-4000. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 2 of 34 The City of Miami Beach reserves the right to accept any bid or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any bid or bid. The City of Miami Beach may reject any and all bids or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAYBE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://web.miamibeachfl.yov/procurement/scroll.aspx?id=23510. • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234. • PROTEST PROCEDURES --ORDINANCE NO. 2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES --ORDINANCE N0.2002-3363 • LOCAL PREFERENCE ORDINANCE NO. 2003-3413 • .EQUAL BENEFITS ORDINANCE -ORDINANCE NO. 2005-3494 Detailed representation of all these ordinances can be found on the City of Miami Beach website at http://www.miamibeachfl.aov/newcityldegts/purchase/bidintro.asp Sincerely, ~'x - i~! 4 Gus Lopez, CPPO Procurement Director 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 3 of 34 m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786.394.401 1 ITB 15-0$/09 NO BID NOTICE TO PROSPECTIVE BIDDERS If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: -Our company does not handle this type of product/service. _We cannot meet the specifications nor provide an alternate equal product. -Our company is simply not interested in bidding at this time. -Due to prior commitments, we are unable to bid at this time -OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a bid or this completed form, may result in your company being removed from the City's bid list. 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 4 of 34 PURCHASE OF BULK CONCRETE MIX BID # 15-08/09 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: An Original and three (3) copies of the Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Facsimile, electronic, or e-mailed bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give 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). Discounts for prompt payment. 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). 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 04-00097-09-23. 1.6 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. 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 5 of 34 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. 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. Bidder shall indicate on 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. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1.11 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications, may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being .removed from the vendor list. B) All departments being advised not to do business with vendor. 1.12 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of 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 Division, 1700 Convention Center Drive, Miami Beach, FL 331.39. 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 6 of 34 1.13 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 user, Monday through Friday, excluding holidays. 1.14 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. E-mail mfernandezrubio(a)_miamibeachfl.qov with a copy to GusLopezCc~miamibeacfl.gov. 1.15 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be returned, unopened. 1.16 INSPECTION, ACCEPTANCE 8~ 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 buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.17 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.18 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. 1.19 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.20 PATENTS 8~ ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the pertormance 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. 1.21 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida 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 considered as a 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 7 of 34 breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.22 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.23 ANTI-DISCRIMINATION: The bidder certifies that he/she 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. 1.24 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). 1.25 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 1.26 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful 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 Miami-Dade County and City of Miami Beach municipal code requirements as well as the Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.27 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. After acceptance of bid, the City will notify the successful bidder to submit a pertormance bond and certificate of insurance in the amount specified in Special Conditions 1.28 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 equal to 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 bidder's list. 1.29 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other parry. 5/26/09 Bid No. 15-08/Q9 City of Miami Beach Page 8 of 34 1.30 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering department; with a coov to the Accounts Payable Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. 1.31 NOTES TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. 1.32 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.33 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.34 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing aself- addressed stamped envelope with the bid. 1.35 PROTEST PROCEDURES: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 1.36 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids are required. A copy of such Addendum shall be sent by BidNet® via a-mail or facsimile to each Bidder receiving the Solicitation that is a subscriber to the Bidnet® notification system. Bidders who are not subscribers to the BidnetO system are responsible for ensuring that they have received all addenda. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents 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 the Formal Addendum by signing in the space provided on the Bid Bid Form. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 9 of 34 1.37 DEMONSTRATION OF COMPETENCY: 1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. 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. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. 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. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. 3) 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 supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's Bid may render the Bid non-responsive. 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. 1.38 DETERMINATION OF AWARD: The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can pertorm the Contract within the time specified, without delay or interterence. c. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 1.39 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interesttherein, or his or its powerto execute 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 10 of 34 such contract to any person, company or corporation without prior written consent of the City of Miami Beach. 1.40 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulafions and building code requirements applicable to the work contemplated herein. 1.41 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. 1.42 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be a Spot Market Purchased may be purchased by other methods, i.e. Federal, State or local contracts. 1.43 ELIMINATION FROM CONSIDERATION: This bid solicitation 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. 1.44 WAIVER OF INFORMALITIES: The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.45 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 solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.46 COLLUSION: Bids from related parties. Where two (2) or more related parties each submit a bid or bid 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 bids or bids. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contractor in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or bids found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.47 DISPUTES: (n the event of a conflict between the documents, the order of priority of the documents shall be as follows: 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 11 of 34 • Any agreement resulting from the award of this Bid (if applicable); then • Addenda released for this Bid, with the latest Addendum taking precedence; then • The Bid; then • Awardee's Bid. 1.48 REASONABLE ACCOMMODATION: In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Public Works Department at (305) 673-7080. 1.49 GRATUITIES: Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this bid. 1.50 SIGNED BID CONSIDERED AN OFFER: The signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. 1.51 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, Florida, 33139 via a-mail: mfernandezrubio~miamibeachfl.gov with a copy to GusLopez .miamibeachfl.aov. The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses toquestions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 1.52 TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at the time of Bid submission. 1.53 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with a public entity ,and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 5/26!09 Bid No. 15-08/09 City of Miami Beach Page 12 of 34 1.54 DETERMINATION OF RESPONSIVENESS: Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. 1.55 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days} for each item. It must be a firm delivery time; no ranges will be accepted, i.e.; 12-14 days. 1.56 CONE OF SILENCE: This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No. 2002-3378. A copy of all written communication(s) regarding this bid must be filed with the city clerk. 1.57 TERMINATION FOR DEFAULT: If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful bidder of such termination which shall become effective upon receipt by the successful bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the Agreement for all services 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 Agreement 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. 1.58 TERMINATION FOR CONVENIENCE OF CITY: The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to 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 Agreement is terminated by the City as provided in this section, the City shall compensate the successful bidder in accordance with the Agreement for all services actually performed by the successful bidder and reasonable direct costs of successful bidder for assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this section. 1.59 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 13 of 34 and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Automobile liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shalt provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 14 of 34 the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. 1.60 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. 1.61 EXCEPTIONS TO BID Bidders are strongly encouraged to thoroughly review the qualification requirements set forth in this ITB, specifically the minimum specifications found on page 21, identified by the words "must", "shall", and "will". Bidders who fail to satisfy the requirements set forth, 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 ITB and you are proposing alternatives 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. 5/26109 Bid No. 15-08/09 City of Miami Beach Page 15 of 34 PURCHASE OF BULK CONCRETE MIX BID # 15-08/09 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1.000.000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value $ .00 _ Liquor Liability $ .00 _ Fire Legal Liability $ .00 _ Protection and Indemnity $ .00 _ Employee Dishonesty Bond $ .00 _ Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Bidder Signature of Bidder 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 16 of 34 ~~ i°~ CL~'~R~'"!~'~C~-T"~ C~~ L~~-E31L..1~"Y 1NSU~~INIC~ ~~~~ 1 ~~ ~ ~ii~i~oos PRrwuc~tc 8'I7 - 9 4 5 - 73 7 8 THl9 CEfiTlF#CATE IS ISSUED AS A MATCBR OF INFORMATION ONLY AND CANFERS NO RIGMT;3 Ul~4N THE GERTIt'lCfITE wiilis of Fluriaa, Iuc. HdL.DER. 7Wl5 CE12'>'I~ICI~TS DOES NOT AMEND, t;.~CTENCI OR zc century s1Ya. ALTER-THE COVI_#iAGf= AFFO#tDElS'BY TMI~ POL.iC1ES BELOW. P. o. Hox 305191 DFAAhvl,Iit3, TN 37230»51.91. IAISURERSAFFOR©INGCOVERAGE NAIC>~ INSURED Ca<rit>:nl, 4nx+orot~+ BtaporKnl,x. TYA4, i tMjiUfttvf'aA~. G1>;~~aV/~,ah Inpux',4rica C! 4t1 ._......:__..._..._ . ............._...............~a322..OD~ _ .__._..,..._....__._....__..._...__.........__.._..___ _. ~ ............._~!~1?_._Y ...... 43aa sw 74t1s a-vanua i INfi+URfRR: NaCiCmal IInian Hire xnaurancae CU an aS 19495.005 Miami. Pi, 33155 ;....._.__.... ........................._.........._,....,...,..... ...„..........,..._,..,......._...,.~._~l?...,.Y.........................,......._......._. IN5UI2FRC: zenith Insurance Cam,pant...~_ .............._._......___.. 13269-491 rnu~ry er.~c THE POLICIES OF iNEURANCE LISTED BELOW HAVE BEEN ISSUED TO THE' INSURED NAMED ABOVE FOR THE POLICY PERIOD lNUICATED. NOTWITH6TANDINC~ ANY REt3UIREMENT, TERM OR CONDI710N OF.ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E 15SUED OR MAY PERTAIN, TWt: tNSU4tANCE At^FORDEb 8Y 1"NE POLICIES DESC#218ED WEREIN IS SUE3JEC.7 TO ALL. TWE'fERMS, EXCLUSIONS AND CONnITIONS OF SUCW POLICIES. AraGREf3ATE 4tMiTS SHOwN MAY HAVE BEEN REDUCED BY PAID CI.RIMS. .~......R.......6 ...................................._............_._._................._....._.....---................__...._...._..._.........._.............._...__......._..._...._.....__...-............_....:_............ ....._....._.................. ..... ........_..... _.. .......... ..... ._....... ......_............._...... ...... TYPE C1µ INlCUftANCE POLICY NslMktENt POL Y PECTIN C RA LINpT$ ~ g cSENERALLiABILI'!'Y RQl)~43"127B02 7/.1/.2009 12/9/2009 I_ACHUGeus~a~Nt:~ ~ t 1 , 9.00.. 000 ~ ? CC)MMC:RCIALGENtinFiALtJADILITY , . fiAINAC,F..T(i~RGNT~I~ , I~ EM ;L F .. _ .............': CE.AfMSMAD[ ...~! OCCUR ,MEDEXF,~AnyonHhees~n)........ _„.5......,_............,:~..i.,Q.Q.Q....... .. ....... ... F+F,.RS~NFlG (~,AnV INJURY... ..~ $..... ~,.e..Q..~ 0 e..Q.(1 fl...... _...~ ....~..._.._..._...~...._._._..._.__.... l'3.F.Nf~RALAGt;Kt};CA'F'E ,._:.& ,~.s.:Q.~:~.s.S~.~,SJ~.: ..G%EN'tArr,t~k.GATkLtWiItAF~b'LIE6('1"Ft: ... ... r~firiDUC7& CC)MPIS?PACG x Zr ~} ~Q~ Q Q Q . i~FttS. POLICY i .: i i LC1C . : . , . . .... :. A AUTOR40slL@LIASIL:ITY R~1D993727902 ~/~,/2QQB : ~2/9/aoo5 ~...i ANY Al1TY) a AOM9INBD SINOLEi1MIT $ 2 ~ o'o o; a o 0 fEa aceitiem) _, ........ .. .. .. _ i ALLC)WNEDALSTU5 1'JODILY IN IURY 8 8CHEULILCDAUTC)S. I~ItR[U AUl'C1s "' -...! NON-OWNI;,D AUTUG ~, (Parparront ., , ' CIDIL (Prr axllUNeJ I~RY $ ......E ..................:...................._......,..._....~.... Ph AMAGG. :~ (I?ar accict4ng ,,GARAGE UABFLFTY RUTCrQNLY „[A Af.CIDENT ; S .... _... ~.__ ~... _ ' .....,.:.ANY AIrTCi , _CAAbT a5 .. ... 'CITNER7fIAN _ AtJTt7c)NLY~ Are? . 8 El ,P.xrFSSfuMHR~1,bA1;1A131E,ITY P:E33.~.3165 ~,3/91~OD8 x.2/9/2009 ,~EAGt+c~CUI~RFNrF~._... ..s.~...6.~.:4.00.~.:D:Q.,tl:_.: X t OGCUFt ., GLAIMS MRDC ...._, .,,..., nnn is A4~rFtFCaA1L ...::.;..:.., : y $.,.,.. 6 r.;Q:~ ~.L x,x..R..„.,: ~~~ .... s . ...._.. _. ...' E ~. ......:..:..:....: ..._. C1ELIUCTI6L[ ~ $ ,..f _....._._ ._..~ .._., ... ....... ftk'Tr NTION b ;$ ; C IIVORKERSCOhFPENSATFt7N AND SMPLOYLRS' LIAHILITY Zp698S59o2 7/1/200.9 7/1/200: '~ QRY~tAMT}T•i ~ R.i ANY PFtOPF2tCTARIf~AF2TNER/EXfGUTIVf_ YID - , CL GAC{-IACCIC)ENT i 3 ~J_Q ~ N _ Q ~G ~Y Q rlrr-Ir,EsvM~M FI R ~XC:h11QEt) t IMannatary In Nf~ :.... . ......_..........._ ... _.~-_.-.,~ ... , .. . _ .. f E.L. DISEASE •fr.A.EMPLQYEE $ ... . . . :. _......._ ...._.._ ......._._...._._.. .........._ :~,::4.Q Q.. 0 9 A : : a yes;, ttgscr{~a Undar i . . , . . r fil ' G.I,. C1I;,EASE-POLICY LIMIT : $ OTNL~R DESCRtPT10N OF OPfiRATlONS f LOCATIONS I VEMFCLES t EXCLUSIONSADDED SY ENDORSEMENT/SPECIAL PROVISIONS ~FiTs V4~IDS AND R,HPi,AC>tS PREVIOUSLY ZS$LI>tD CBIt~IR'ICATE D1A~'ED: 6730/2009 vPI3.'FI IA: ],2734655 Tt :4s ags®~d 'that City o~ t,Siami B®ach ir3 :in,clti,ded as aIa A,ddi.tional ~aauzed as are8peats to Gexieral 7Liabixity as ret~uixed by contract. , 8MOULO ANY OF 7tiE A80VE OE9CR19ED POLICIES 8E CANCELLED BEFORE THE EXPIRR7ION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ Q,,,, DAYS WRFFTEN NUTICL- TO THE CERTIFICATE HULLER-NAMED TO THE LEFT, BUT FAILURE TU DO SO SMALL Cl ty AI: b111uF11 BQeAC..t]t IMPOSE NO OQILIGATION OR LIABILFFY OR ANY KIND UPON 1'IiE INSURER, IT$ AG6NTS OR 1ktG7Xa 16QJ1rfeth 121~f~it£6E11TATIVSS. 1700 C'onv'eritioa C~rit:e+r Drive AUTHORt~gREP1iEs$NTA>•fVE Miauli .BeRCh, F1G 33139 ~~ AcoFtD25(2ooQJ01) Gc17,:2E162x,7p ~pA:949~#70 ~ex~t:X33f$68 (~t19$8-200gACgRDCG1RPURATtaId,Altrlghtsrospn-ed. The ACOFtLI name and loge are reglsteted marls of.ACORD Page 2 0~ Z IN1~'Df~TANT tf the certificate Izolder is an AL7T}i'TIONAL iNSt3REt], tl~e policy{ies} must. be endorsed. A statement on this certificate does not confer rights to the certificat~a.hoider in lieu of such encorsement{s), ff SUBR~GATfON fS WAIVED, sutsject to the t®rrr~s and conditions of the policy, certain policies ntey require an endorsement. ;A statement an Ehis certificate does not confer rights to Ehe certificate holder in lieu of : irch endorsement{s). C?ISCLAIMtrR This Ces'kificate. of lnsuranc~i does not cans#itute a contract between ttEe issuing .insurer(s), authorized representative ar produce[, arrct the certificate f7olcfer, nQr cdQes it affirmatively or r~~gatively arriend, extend ~r :after fhe coverage af€orded by the policies listed thereon. ~~urKt~zat~uoa/u~) ~QA3.:at352~7U Tp~,:949~70 ~ezt:~.3368b57 PURCHASE OF BULK CONCRETE MIX BID # 15-08/09 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a .contract, by means of sealed bids, to a qualified contractor for the purchase of bulk concrete mix for the repair and maintenance of the sidewalks in and within the City of Miami Beach on as needed basis. 2.2 TERM OF CONTRACT: This contract shall remain in effect for one (1) year from date of contract execution by the Mayor and City Clerk. 2.2.1 Orders will be placed to vendors on an as needed basis to meet City usage requirements. 2.2.2 Providing the successful bidder(s) will agree to maintain the same price, terms and conditions of the current contract, this contract could be extended for an additional two (2) years, on a year to year basis, if mutually agreed upon by both parties. OPTION TO RENEW WITH PRICE ADJUSTMENT: The contract could be extended for an additional two (2) years, on a year to year basis, if mutually agreed by upon both parties. 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 tem may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. 2.3 METHOD OF AWARD: Award of this contract may be made to the primary and secondary Lowest and Best Bidders, as defined in General Conditions 1.38. Should the primary vendor fail to comply with the Terms and Conditions of this Contract, the City reserves the right to award to the secondary vendor, if it is deemed to be in the best interest of the City. 2.4 PAYMENT: Invoices for payment will be submitted upon delivery. Invoices will be subject to verification and approval by the ordering Department's designated representative. 2.5 PRICES SHALL BE FIXED AND FIRM FOR THE TERM OF THE 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 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. 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 17 of 34 2.6 PRE-BID CONFERENCE: A Pre-bid conference will be held on June 10, 2009 at 10:00 a.m. in the City Manager's Large Conference Room, 4th Floor, City Hall, and 1700 Convention Center Drive, Miami Beach, Florida 33139. Attendance (in person or via telephone) to this Pre-bid meeting is encouraged and recommended as a source of information, but is not mandatory. Bidders interested in participating in the pre-bid submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). 2.7 CONTACT PERSON: The contact person for this Invitation to Bid is Marta Fernandez. The contact person may be reached by phone: 305.673.7490; fax: 786.394.4003; or a-mail: mfernandezrubioCc~miamibeachfl.oov .Communications between a proposer, bidder, lobbyist or consultant and Procurement Staff is limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the contact person, with a copy to the City Clerk (via fax: 305-673-7254 or a-mail: robertparcherCa~miamibeachfl.gov) calendar days prior to the scheduled Bid opening date. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written addendum to this Bid. Bidders should verify with the Procurement Division prior to submitting a bid that all addenda have been received. YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.55, ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS. 2.8 DELIVERY TIME: Vendors shall specify on the attached Bid Form the estimated delivery time (in calendar days) for each item. Upon delivery, all materials shall be unloaded by vendor. Delivery shall be prior to 3:30 PM, Monday through Friday with-in the City of Miami Beach. 2.9 ESTIMATED QUANTITIES: Quantities, if stated, are for Bidders' guidance only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous needs. Said estimated quantities may be used by the City forthe purpose of evaluating the low Bidder meeting specifications. 2.10 REFERENCES (PROVIDE REFERENCES, IN THE CUSTOMER REFERENCE FORM) Bidder's shall furnish the names, addresses, telephone numbers, and a-mail address of a minimum of six(6) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 2.11 FACILITY LOCATION: Upon request, materials will be delivered to the Pubfic Works Department located at 451 Dade Boulevard Miami Beach, Florida 33139 or other locations within the City limits as requested at time of ordering. 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 18 of 34 2,12. BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified service. Evidence shall include alf information necessary to certify that the bidder: maintains a permanent place of business; is an authorized distributor of the items specified in their proposal; has not had just or proper claims pending against him or his firm; and has provided similar type products. The evidence will consist of listing of contracts for similar equipment that have been provided to public and private sector clients, within the fast three (3) years, and letter from the manufacturer that bidder is an authorized distributor for the proposed manufacturer. 2.13 LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or bids received after time and date specified will be returned to the bidder unopened. The responsibility for submitting abid/bid before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 2.14 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND (3)THREE COPIES of the Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. .2.15 USAGE REPORTS: The City may request Annual Usage Reports from successful bidder(s), to include: item number, item description, quantity ordered/supplied, unit/extended costs and total dollar amount citywide and per department. 2.16 MIAMI-DADE/STATE CONTRACTS: The City reserves the right to purchase supplies such as the ones specified in this contract from Miami Dade County or State Contract Vendors should it be determined that it is in the City's best interest. 2.17 CUSTOMER SERVICE: Excellent customer service is the standard of the City of Miami Beach. As contract employees of the City, all employees will be required to adhere to the City's "Service Excellence" standards and expected to conduct themselves in a professional, courteous and ethical manner in all situations. The successful bidder's employees must work as a cooperative team of well-trained professionals, and must serve the public with dignity and respect. All business transactions with the City will be conducted with honesty, integrity, and dedication. 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 19 of 34 PURCHASE OF BULK CONCRETE MIX BID # 15-08/09 3.0 MINIMUM SPECIFICATIONS 3.1 GENERAL: The City of Miami Beach, Public Works Department anticipates spending $90,000.00 annually for concrete plant-mix products. The City owns and operates its own five (5) yard transit mixer truck and will pick up materials on an as needed basis. The City of Miami Beach Public Works estimate pick-ups of concrete to be 3-4 times per week from awarded bidder's site. There will also be need for occasional batches of concrete mix to be delivered by the Bidder. Bidder's plants must be capable of loading at least five (5) yard capacity transit mixer truck. 3.2 REQUIREMENTS: Bidder must be within approximately 15 miles radius of the City of Miami Beach or within a travel time of no more than 60 minutes. This is to allow sufficient time to work on the material before it becomes unusable. Partially hardened or re-tempered concrete shall not be acceptable. Plant operational hours are to include all regular week days Monday-Friday and Saturdays (partial Saturdays acceptable). Bidder's plant must regularly stock the coloring additive "Miami Beach Red" as supplied by the manufactures LAMBERT, QC COLOR or SCHOFIED color mix suppliers which will be certified by Director or designated representative from the Public Works Department. NOTE: Any other color add mixture must be approved in writing by the City of Miami Beach, Public Works Director or designated representative from the Public Works Department. It is the responsibility of the Bidder to ensure that the designed mix other than the specified mix in this bid meets the parameters of compressive strength, water cement ratio, cement content, and air content are appropriate for the anticipated environmental conditions (i.e. ACI-318-99 Chapter 4, and the local Building Code). The current approved "Miami Beach Red" that the City is using LAMBERT, QC COLOR and SCHOFIED. The City will accept or equal additive if it meets the Specifications, the Terms and the Conditions of this Bid. 3.3 TECHNICAL SPECIFICATIONS Refer to proposal form for a list of materials required. All concrete to be furnished must meet the South Florida Building Code requirements. 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 20 of 34 PURCHASE OF BULK CONCRETE MIX BID # 15/08-09 Bid Proposal Page 1 of 2 We propose work specified in this bid will consists of furnishing labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the purchase and delivery of bulk concrete mix (in Accordance with the minimum specifications). LINE ITEM Material: 2500 PSI regular 3000 PSI regular 50CY 50CY UNIT COST $ ~ I. o0 $ ~.~ So $ ~, o0 3500 PSI regular ~.O i3i}c~ 1000CY 4000 PSI regular 40CY Addition of "Miami Beach Red" Color admixture. 5,p $qq Excavatable flowable fill J Fiber reinforcement $ ~S.S® 1000CY $?~ ~~ 80CY $ / ~ o 50CY $ ~ . ~ TOTAL $ 3sso•®o $ ZS. f~ $'1000 . ©O $ ~t~LQ $~oo $ ~ ~ a The quoted prices must not include Delivery Charges. r GRAND TOTAL $ ~ ~ O ~Oq'~ c rJ .~ ^ D (Written Amount) ADDITIONAL SERVICES: (Delivery charge if vendor delivers the concrete within City of Miami Beach limits). a .Delivery Cost: $ ~~ ~~~ per cubic yard Delivery Days (ARO) ~ ~~ Days Warranty /~Y days ANNUAL 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 21 of 34 PURCHASE OF BULK CONCRETE MIX BID # 15/08-09 Bid Proposal Page 2 of 2 PAYMENT TERMS: NET 30. If other, specify here ~ °7e~' ~~ ~1'f~-0~ 'J~ ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO~BE CONSIDERED PART OF THE BID MUST BF..SIt1BMITTEp IN DUPLICATE. ~ SUBMITTED BY: COMPANY NAME: SIGNED: (I certify tha~fam uthorized to exel°ute this bid and commit the biddi g firm) Bidders must acknowledge receipt of addendum (if applicable). Addendum No. 1: Insert Date Addendum No. 3: Insert Date Addendum No. 2: Insert Date Addendum No. 4: Insert Date Addendum No. 5: Addendum No. 6: Insert Date Insert Date NAME/TITLE(Print): SUPERMIX CONCRETE ADDRESS: MIAMITF~-- ~~ 1 ~5 CITYISTATE: TELEPHONE NO FACSIMILE NO: E-MAIL: FEDERAL I.D.#: SIGNED: ZIP: 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 22 of 34 ~~ ~ 2Co 2 - ~ ~~ PURCHASE OF BULK CONCRETE MIX BID # 15-08/09 BID CHECK LIST To ensure that your bid is submitted in conformance with the Contract Documents, please verify that the following items have been completed and submitted as required. X Original and three copies of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.14 X Execution of Bid General Conditions Section 1.2 N/A Equivalents/Equal Product General Conditions Section 1.10 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.26, 1.27 General Conditions Section 1.59 Bid Guaranty/Performance Bond N/A General Condition Section 1.27 X Warranty General Condition Section N/A ProductlCatalog Information Special Conditions Section X References Special Conditions Section 2.10 and Page 24-25 X Bidder Qualifications Special Conditions Section 2.12 X Minimum Specifications Special Conditions Section 3.0 X Contractor's Questionnaire (Page 26-27) X Declaration: Non-discrimination in Contrats and Benefits (page 30) 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 23 of 34 PURCHASE OF BULK CONRETE MIX BID # 15-08/09 CUSTOMER REFERENCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of six(6) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 1) Company Name ~ (T ~ Ui~ ~ (~ Address ~ c~o'~Q ~~ ~~~ ~ ~ I,t~~, ,~~ 3322 Contact Perso(n~~/Contract Amount c/ ~] 'I Telephone No."~1 - ~~ ~ ~~a ~ Fax No. `~1 Sit - ~ Z~ - ~~~ E-mail 2) Company Name Vtr1~ U-(" M I ~ m I Address ~ ~1x ~~ ~~g I ~ I (~ -'~ 1 ~1 ~ ~ ~ ~3 Contact Person/Contract Amount Telephone No.~S"' ~ 1 ~ - I q ~ ~ Fax No. ~ S - 4 ((0 -' + q ~S E-mail 3) Company Name ~I ~ ~' ~ r `1' ~(~S Address ~ a ~-I`I ~ •ti'~ • ~ ~ ~ ~lr~ L ~ I Ol~'ll ~ ~~ ,~3~~ Contact Person/Contract Amount Telephone No.~S` U~ S- ~~~ ~ Fax No.~~"" g g5' Q-~ E-mail 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 24 of 34 PURCHASE OF BULK CONCRETE MIX BID # 15-08/09 CUSTOMER REFERENCE LISTING (CONTD.) 4) Company Name ~' V ~ ~ ~ , Address ~ ~ ~ Z ~~'~/~~ ~':~ S't ~I~ m I , ~~ ~~ j~5.~ -r--~ Contact Person/Contract Amoucnrt Telephone No.~.J "c~ 7-~" D c~ Fax No. ~~' a~ ~ - ~C~- E-mail 5) Company Name Address ~~ ~ ~ ~arr~~/ Contact Person/Contract Amount ~,~7~ Telephone No. ~ ' ~~~ - ~(Q 1S V Fax No. ~~ ' tG' ~~ ` / ~0 2- E-mail 6) Company Name ~i~i~-~ ~~ Imo( R~~I 1~,a V'V.~~k~ Address ~ ~ ~ ~~ VV ~ ~ 5+ S~>~-~.~j S~~ <<I~`i'~ Contact Person/Contract Amount >~~ /,~, Telephone No. ~5 .J~ ~S_ Z~,Y Fax. No. ,wL~._ ~'" ~ ~ ~ U~ E-mail 5/26/09 Bid No. 15-08/09 City of Miami Beach Page 25 of 34 PURCHASE OF BULK CONCRETE MIX BID # 15-08/09 CONTRACTOR'S/ BIDDER'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted t The M By ~~,a mmission of the City of Miami Beach, Florida: J ,, II /~ Principal Office -~-~.oJ J ~~ ~ `t ~v~ , ~ - d I~ I , ~~ ~~I S_~ How many years has your organization been in business under your present business name? 'Z ~_ Does your organization have current occupational licenses entitling it to do the work/service contemplated in this Contract? \~ {S (l , Please state license(s) type and number.. ~ Z ~ ~~ ~ _ ~. r v~-Cu~~~~ ~"~~~~ Include copies of above licenses and certificates with bid. Have you ever had a contract terminated due to failure to comply with contractual specifications? i`YJ If so, where and why? In v~hat other lines of business are you financially interested or engaged ~ ~., _ _ .. ~ n .. .. .. ~ _ ~ ,. Give references as to experience, ability, and financial standing 5/26/2009 Bid No. 15 08!09 City of Miami Beach 26 of 34 PURCHASE OF BULK CONCRETE MIX BID # 15-08/09 CONTRACTOR'S /BIDDER'S QUESTIONNAIRE (CONTD.) Vendor Campaign Contribution(s): a. You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. b. Individuals or entities (including our sub-consultants) with a controlling financial interest: have have not 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. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. ~ I HER~Y CERTIFY that the above answers are true and correct. r/1Q ~~y ~ 5/26/2009 City of Miami Beach SEAL) Bid No. 15 08/09 27 of 34 C~UIGK REFERENCE GUIDE TC~ EQUAt BENEFITS CGMPLIANCE 5TEP 1: UNDERSTANDlNGTNE EAW What does the law require? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to .their employees with domestic partners, as they provide to employees with spouses. Who is covered by this Ordinance? Competitively bid City contracts valued at over $1OQ000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks. For more information, see fqual Benefits Ordinance Summary. What benefits are covered? The Ordinance applies to all benefits offered by a contractor to its employees who have spouses or domestic partners and all benefits offered directly to such spouses or domestic partners, even when the employee, pays the entire cast.of the benefit. This includes but is not limited. to: sick leave, bereavement leave, family medical leave, and health benefits. What is a Domestic Partner? A "Domestic Partner' shaft mean any Iwo (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state and local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. What if a contractor is unable fa offer benefits equally? Some contractors are unable to find an insurance company willing to offer domestic partner coverage. When a contractor takes all reasonable measures to atop discriminating, but cart i for reasons outside its control, it can comply with the Equal Benefits Ordinance if it agrees to pay a cash equivalent. A cash equivalent is the amount of money paid by an empkyyer for the spousal benefit that is unavailable for domestic partners, or vice versa, For more information, see Reasonable Measures Application. What if a company will comply but needs time to do it? Once a contractor makes tt clear that it will comply with the Declaration, in certain situations ending discrimination in benefits may be delayed. for instance, offering medical insurance may be delayed until the contractor's next enrollment period; other benefits, such as bereavement leave, may be delayed unfi) the contractor's personnel policies can be revised. For more information, see Rules of Procedure of the Substantial Compliance form. 5TEP 2: HOW TO COMPLETE THE DECLARATION: NON-DISCRIMINATION IN CONTRACTS AND BENEFITS FORM Section asks for fnformation about your company. 1f the company employs 50 or less employees in the U.S., skip to Section 4, date and sign. Section 2. Question 1 A asks whether your company prohibits diuriminatton against people based on the categories listed. • Answer "YES" if your company does have such a po{icy. • Answer "NO" if your company does not have such a policy. Question 1$ asks whether your company agrees to include a rrondiscrtminatton clause in dll subcontracts entered into for the- performance of a substantial portion aF the any contracts you -have with the City. This douse must include 611 of the categories listed in question iA. You must answer this question even if your company will not be entering into any subcontracts associated with work performed .for the City. • Answer "YES" if you will agree to include a nondiscrimination clause in subcontracts. • Answer "NO" if you will not agrce to incude a nondiurimination clause in subcontracts. Question 2A asks whether your comparry offers benefits (such as medical insurancef to employees` spouses or to employees because they are married (such as bereavement leave which can be taken because of the death of a spouse, or family medical leave which can be taken because of a spouse having a serious medical conditionj. • Answer "YES" if you offer any such berrekts. • Answer "NO" if you do not offer any such benefits. NOTE: Yau ore considered as offering a benefit even if you don't pay far it. !f access to the benefit is offered, but the cost must be paid in whole or in part by the employee, you should stiff answer `YES". S~uestion 2B asks whether you company offers benefits (such as medical insurance) to employees` domestic partners or to employees because they are in a domestic partnership (such as bereavemrent leave which can be taken because of the death of a domesl'rc partner, or family medical leave which can be taken because of a domestic parmer having a serious medical condition). • Answer "YES" if you offer any such benefits. • Answer "NO" if you do not offer any such benefits 5/26/2009 City of Miami Beach Bid No. 15 08/09 28 of 34 NOTE: To comply, your answers to questions 2A and 2B should be the same. In very limited circumstances, you may comply without offering benefits equally. See Reasonable Measures Application Form. Qur lion 2C should be filled out QNLY if you have answered "YES" to question 2A and/or 2B. It asks yea to indicate which benefits you offer to spouses (or employees. because they are married), which benefits you offer to domestic partners (or employees because they are in a domestic partnership), and which benefits you do nor offer. Please indicate only (hose benefits offered. If you offer benefits not already listed, write them in where it says "other". Remember, offering access to a benefit is sn'!1 considerBd a benefit, even if your company does trot pay for it. Note: If you arn't offer a17 benefit in a nondiscriminatory manner because of reasons outside your control, ~e.g, there are no insurance providers willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. 70 comply on this basis, you must agree to pay o cash equivalent, submit a completed Reasonable Measures Application Form with all neressary attachments and have your application approved by the Procurement Division of the City of Miami 8eoch. Step 3: ATTACH THE NECESSARY DOCUMENTA710N i 3 states that you must submit documentation that verifies all benefits marked in your answer to Question 2C are offered in a nondiscriminatory manner. When possible, it is best if you wbmit this documentation along with your Declaration form, For policies that ore unwritten, submit a letter to the Procurement Division indicating this. Use fhe list below as a guide for the type of documentation needed. iMedieal Insurance A statement from your medical insurance provider that confirms spouses and domestic partners {as defined under this Ordinance) receive equal coverage in your medical plan. This may be in a letter from your insurance provider, or reflected in the eligibility section of your offidal insurance plan document. Similar documentation is needed for other Types of insurance plans. Retirement Plans (including 44Ik & pension plans) The sections of your pension plan detailing how employees receive benefits. This should cover joint annuity options and pre retirement death benefits. Documentation should indicate chat employees with domestic partners and employees with spouses receive the same benefits and payment options. Bereavement Leave Your bereavement leave of funeral leave policy indicating the benefit is offered equally. If your policy allows employees time off from work because of the death of a spouse, it should also allow for time off because of the death of a domestic partner. ff the policy allows for time off due ro the death of a parent in-law ar other relative of a spouse, it must include time off for the death of a domestic partner's equivalent relative. 5/26/2009 City of Miami Beach Family Leave Your company's Family and Medical Leave Act policy. All companies with 50 or more employees must offer this benefit. Your policy should indicate that employees may take leave because of the serious medical condition of their spouse or domestic partner. Parental leave Your company's policy indicattng that employees may take leave for the birth or adoption of a child, to care for a child who is ill, and/or to attend school appointments. If leave is available for stepchildren (the spouse's child) then leave also should be available for the child of a domestic partner. Employee Assistance Program Your company's employee assistance program policy confirming that spouses, domestic partners and their parents and children are equally eligible (or ineligible] for such benefits. Rebcation 8~ Travel Your company's policy confirming that expenses for travel or relocation will be paid on the same basis for spouses and domestic partners of employees. Discounts, Facilities B. Events Your company's polity confirming that dismounts, facilities (e,g, gym) and events (e.g, holiday party] are equally available io spouses and domestic partners of employees. Credit Union Documentation from the credit union indicating that spouses and domestic partners have equal access to credit union services. Child Care Documentation that the children of spouses (stepchildren) and children of domestic partners have equal access to child care services. Other Benefits Documentation of any other benrefits listed to indicate that they are offered equally. for medical insurance companies providing domestic partner coverage in the State of Florida, refer to the Aomestic Partner Insurance Coverage Search available online at: wvvw.miarnibeachfl.aov under Business, Procurement drop down list. For any questions on the City of Miami Beach Equal Benefits Ordinance or how to complete the applicable forms, please contact: Cristina Diaz. Contracts Compliance Specialist PROCUREMENT DIVISION 1700 Com~enfion Center Drive, Miami Beach, FL 33139 Tel: 305673-7446 /Fax; 786.344-0000/ cristinadiaz0!miamibeachfl.aw We me communed m providing excellem public service and safery~ ro alt who live, wsark and play in oar vilxant, tropiml, hisroric community. Bid No. 15 08/09 29 of 34 CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION tN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: Name of Company Contact Person: Phone Number: Fax Number: E-mail: Vendor Number (if known): Federal ID or Social Security Number: Approximate Number of Employees in the U.S.: (If 50 or less, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes_No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination -Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ^ Race _Yes _ No ^ Sex _Yes _ No ^ Color _Yes _ No ^ Sexual orientation _Yes _ No ^ Creed _Yes _ No ^ Gender identity (transgender status) _Yes _ No ^ Religion _Yes _ No ^ Domestic partner status _Yes _ No ^ National origin _Yes _ No ^ Marital status _Yes _ No ^ Ancestry _Yes _ No ^ Disability _Yes _ No ^ Age _Yes _ No ^ AIDS/HIV status _Yes _ No ^ Height _Yes _ No ^ Weight _Yes _ No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. _Yes_No 5/26/2009 Bid No. 15 08/09 City of Miami Beach 30 of 34 Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 26 should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. 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 'The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their ,partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If you answered "NO" to both Questions 2A and 2B, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If_vou answered "YES" to either or both Questions 2A and 26, please continue to Question 2C below. Question 2. (continued) 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 Yes for Employees with S ouses Yes for Employees with Domestic Partners No, this Benefit is Not Offered Documentation of this Benefit is Submitted with this Form Health ^ ^ ^ ^ Dental ^ ^ ^ ^ Vision ^ ^ ^ ^ Retirement (Pension, 401 k etc. ^ ^ ^ ^ Bereavement ^ ^ ^ ^ Famil Leave ^ ^ ^ ^ Parental Leave ^ ^ ^ ^ Employee Assistance Pro ram ^ ^ ^ ^ Relocation & Travel ^ ^ ^ ^ Company Discount, Facilities & Events ^ ^ ^ ^ Credit Union ^ ^ ^ ^ Child Care ^ ^ ^ ^ Other ^ ^ ^ ^ Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside 5/26/2009 Bid No. 15 08/09 City of Miami Beach 31 of 34 your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you maybe eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes _ No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year , at City State Signature Mailing Address Name of Signatory (please print) City, State, Zip Code Title 5/26/2009. Bid No. 15 08/09 City of Miami Beach 32 of 34 CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: a. Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company City, State, Zip Telephone Number Date Signature Name of Signatory (please print) Title 5/26/2009 Bid No. 15 08/09 City of Miami Beach 33 of 34 Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. 5/26/2009 Bid No. 15 08/09 City of Miami Beach 34 of 34 Page 1 of 1 Hernandez, Kerry From: Fernandez Rubio, Marta Sent: Thursday, November 19, 2009 1:51 PM To: Parcher, Robert Cc: Lopez, Gus; Hernandez, Kerry Subject: Agenda Item C2H, Sept. 9, 2009 Meeting Bob, Kerry called earlier today to request clarification on the different amounts showing on the Commission Memo ($90,000) for Item C2H on the 9/9/09 meeting and the contract amounts showing on Certification of Contracts for Contract 15-08/09 ($112,671). When we issued the bid, we included estimated quantities provided by Public Works. When bids come in, we multiply these quantities by the prices received, and that is how we arrived at the contract amounts. On the other hand, when we prepare the Commission memo, we include funding information for Budget's approval based on funding availability. The amount approved by budget is based on the $ amount of the POs issued during the fiscal year. The following language is included in our commission memos in these cases: "The estimated annual amounts are based on regular operational funding availability." Please advise should you need further clarifications. Thank you, MIAMIBEACH Marta Fernandez-Rubio, Procurement Coordinator PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7000 Ext. 6263 /Fax: 786-394-4003/ www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. Please consider the environment before printing this a-mail 11 /19/2009