Concrete Ready Mix & Pumping Services ContractTITLE:
CONTRACT NO.: 2014 -057 -ITB -MF
MIAMI EACH
CITY OT' AMX BEACH
I��T�.�.+ I
CI
CERTIFICATION QV CONTTIACT,
Purchase of Bulk Concrete Mix
EFFECTIVE DATE(S): This Contract shall remain in effect for two (2) years from date of
Contract execution by the Mayor and City Clerk, and may be
renewed, at the sole discretion of the City, though it's City Manager,
for three (3) additional years, on a year-to-year basis, upon mutual
agreement between the two parties.
SUPERSEDES: 15-08/09
CONTRACTOR(S): Concrete Ready Mix and Pumping Services, Inc. (Primary)
ESTIMATED ANNUAL CONTRACT AMOUNT: $68,500
A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on February 12, 2014, for approval to award a contract,
upon execution between the City of Miami Beach, Florida, and Contractor.
B. EFFECT - This Contract is entered into to provide for purchase bulk concrete mix
pursuant to City Invitation to Bid No. 2014057 -ITB -MF and any addenda thereto (the
ITB), 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 Department of Procurement Management
policies and procedures, at the prices indicated, exclusive of all Federal, State and local
taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number
2014 -057 -ITB -MF.
a, CONTRACTOR PERFORMANCE .. City of Miami Beach departments shall report any
failure of Contractor's performance (or failure to perform) according to the requirements
of the Contract Documents to City of Miami Beach, Eric Carpenter, Public Works
Director 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 delivery of
supplies and/or commencement of any services/work by Contractor.
F. ASSIGNMENT AND PERFORMANCE m Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by Contractor without the prior written
consent of the City. In addition, Contractor shall not subcontract.delivery of supplies, or
ary portion of work and/or services required by the Contract Documents without the prior
written consent of the City.
1
Certification of Contract
Contractor warrants and represents that all persons providing/performing any supplies,
work, andlor services required by the Contract Documents have the knowledge and
skills, either by training, experience, education, or a combination thereof, to adequately
and competently provide/perform same, or services to City's satisfaction, for the agreed
compensation.
Contractor shall provide/perform the supplies, work, and/or services required under the
Contract Documents in a skillful and respectable manner. The quality of the Contractor's
perfcrrnance and all interim and final product(s) and /or work provided to or on behalf of
City shall be comparable to the best local and national standards.
C. 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 adhere to
the City's Service Excellence standards. Training will be provided by the City's
Organizational Development and Training Specialist,
H. PUBLIC ENTITY CRIME'S - 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. Supplies, work, and/or services, provided by Contractor pursuant to the
Contract Documents shall be subject to the supervision of Contractor. In providing such
supplies, 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.
J. 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.
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.
2
Certification of Contract
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:
Alex Denis, Procurement Director
C� of Miami Beach
Department of Procurement Management
1700 Convention Center Drive
Miami Beach, Florida 33139
VVith copies to:
City Clerk
City Clerk Office
1700 Convention center Drive
iiiliami Beach, Florida 3313. __ 33139 _.
Beach,
For Contractor:
Concrete Ready Mix & Pump
730.1 W. 47th Street
Mliarni, Floridarrda 3312. G
Attn: Rudy De La Mora
Phone: 305-591-8088
Fax 305-591-8177
E�rniarl ..
concreteread.y ixQ,y.ahoo.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 rnaterial 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.
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.
3
Certification of Contract
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 and/or the Contract Documents. Contractor, shall specifically
bind all subcontractors to the provisions of this Contract and the Contract
Documents.
0. AMENDMENTS o 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 insurance(s) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager,
Q. The ITB 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 (1) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in
response thereto, the more stringent provision (as enforced by the City) shall prevail.
4
Certification of Contract
IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to
be signed and attested on this day of, 20_, by their respective duly
authorized representatives.
lay
CONTRACTOR
President/ Signature
Print Name
Date
ATTEST: ATTEST:
CITY OF MIAMI BEACH
By
Mayor
Date
Secretary/ Signature City Clerk
Print Name Date
Date
F;IPURC\$ALI\Sollcltations1201412014-067-MF Ready MIX ConcretelNow folder12014n0L7 Concrete Ready Mix,doo
5
Certificationof Contract
N. A,l7LICABL,E LAW AND VENUE - This Contract and/or the Contract Documents shall
be enforceable in Niami-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 and/or the Contract Documents. Contractor, shall specifically
bind all subcontractors to the provisions of this Contract and the Contract
Documents.
0. AMENDMENTS .a 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 insurance(s) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager.
Q, The ITB 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; (11) the ITB; and /or (iii) Contractor's bid in
response thereto, the more stringent provision (as enforced by the City) shall prevail,
4
cjertificatiolpf Contract
IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to
be signed and attested on this Z-41 day of LLy 2O9, by theft respective duly
authorized representatives.
CONTRACTOR CITY OF MIAMI BEAC
President/ Signature
iciiKa-LVOLO
eb4e --20 (eb— E40 itet9
07, 2_ L -f
ATTEST:
Date
Secretary/ Signa re
Z4eN 1401--Q,NO
Print Name
7-24- )4
Date
By
ATTEST
City C erk
1":1PURCIALIASolicitations12014\2014-057-MF Ready Mix CoricretelNew folder12014-057 Concrete Ready Mix.doc
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Susan. Bija
umeirtICOMMISSION# EE 198355
EXPIRES., MAY 15,2016
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COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award Contracts Pursuant To Invitation To Chid (ITB) No. 2014-067'ForThe Purchase Of
Bulk Concrete Mix,
Key Intended Outcome Supported:
Maintain City's Infrastructure,
Supporting Data (Surveys, Environmental Scan, etc.): nla
Issue:
shall the City Commission a rove the award of Contracts?
item ummary/Recommendation:
The purpose of this item Is to approve contracts for the purchase of bulk concrete mix productfor the Public Works
Department of the City of Miami Beach (the "City) pursuant to ITS 2O14 -0574F, The concrete rrilx products are
needed for the repair and maintenance of the sidewalks in and within the City. The City owns and operates its own
'five (5) yard transit mixer and will pick-up the materials as needed. There may also be need for occasional batches
of concrete to be delivered by the successful bidder,
13 vendors were notified of the Invitation to Bid, with 4 vendors downloading the solicitation. Two (2) responses
were received in response to the solicitation.
After review of responses received, it is recommended that Concrete Ready Mix and Pumping Service, Inc., the
lowest responsive, responsible bidder be awarded the contract as the primary vendor and Central Concrete
Buperrnix, the second lowest responsive, responsible bidder be awarded the contract as the secondary vendor.
RECOMMENDATION
Award contracts 'to Concrete Ready Mix and Pumping Service, Inc, as primary vendor, and Central Concrete
Supermix as secondary vendor, for an initial term of two (2) years, with three (3) one-year optional renewals, as
stipulated In the ITB,
Advisory Board Recommendation!
I N/A
Financial information:
Source of
Funds:
1
Amount
$36,000
2 $32,500
3
-*BPI Total $68,500
Account
Public: Works Repairs/Maint, Account No, 425-0410-000342
Matc;rl._ -
Public Works Repairs/Main#, Account No. 425-0420-000342
(ewer)
Financial Impact Summary: The annual cast associated with the purchase of bulk concrete mix is subject to
funds availability approved through the annual budgeting process, Account information and availability of funds
shall be verified and approved for each request prior to procuring the services, The funding and accounts noted
above are the FY 2014 budget amounts aprov�rdY_mmission,
City Clerk's Office Leilative Traci.�i_
[AlaxDenls, Director Ext if 6641
Sicfn.Offs:
De.; .; imam Director
AIS: a1 ETC trn,
Assists') Ity Marti,_c,er
KGB
T:IACENDA 0141February\Prooj'emontliTB 2094-087'P
,., MIAMIBEACH
close of Bulk Concret Mix SUMMARY.doc
160
City auger
JLMI V\.
AGENDA ITEM . C'424:
DATE r
MIAMIBEACH
city f Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.rniomiheachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Membe4 of the Cit, Commission
FROM: Jimmy L. Morales, City Manacietr` '"w-�-1
DA E: February 12, 2014
SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS PURSUANT TO INVITATION
TO BID (ITB) NO. 2014.057 FOR THE PURCHASE OF SULK CONCRETE MIX
AI MINISTRATION RECOMMENDATION
Approve ... ,�.®.. .o.�.
the award of the contract.
KEY INTENDED OUTCOME
Maintain City's infrastructure.
FUNDING
The annual cost associated with the purchase of concrete mix products is subject to funds
ivaiiability-° ppraved through thy:-annual-budr,- eting process, Account -information -and
availability of funds shall be verified and approved for each request prior to procuring the
services. The funding and accounts noted below are the FY2014 budget amounts approved
by Commission.
$06,000.00 Public Works RepairsiMairit. Account No, 425-0410-000342 (Water)
$02,500,00 Public Works R. pairs(Maini, Account No. 425-0420-000042 (Sewer)_o
$68,500MO Total
Should additional funding be required due to increased need of services, It will be subject to
the review and approval of the Office of Budget and Performance Improvement (OSP!),
BACKGROUND INFORMATION
The purpose of this ITS Is to establish a contract., by means of sealed bids, with a qualified
firrn(s) 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 in accordance with the prescribed
specifications and requirements.
The contract(s) entered Into with the successful bidder(s) shall remain in effect for two (2)
years; provided that the services rendered by the Bidder during the contract period are
satisfactory and that City funding is available as appropriated on an annual basis,
The price offered by the Bidder in its Bid Proposal shall be fixed for the original two (2) year
term- of agreement, The City, through its City Manager, shall have the option to renew this
contract for an additional three (3) one-year periods on a year-to-year basin Prior to
completion of each exercised contract term, the City may consider an adjustment to price
based on changes in the applicable CPI -Ii index.
161
010.11110001
tl
Commission iliferrrtoranorum
/TB 2014-067 Bulk Concrete Mix
February 12, 2014
Page 12
ITS PROCESS
ITB No, 20144)57, was issued on December 18, 2014, with a bid opening date of January
16, 2014. The Public Group issued bid notices and four(4) prospective bidders accessed
the advertised solicitation, The notices resulted in the reoeipt of the following two (2) bids:
• Central Concrete Supermix
• Concrete Ready Mix & Purnping Service, Inc.
Detailed tabulated results are inoluded In Appendix A.
The iTB stated that the lowest responsive, responsible bidder meeting all terms, conditions,
and specifications of the ITB will be recommended for award by bid item, bid group, or for
the entirety of all bid items, as deemed in the best interest of the City. The City reserved the
right to consider award to secondary and tertiary vendors. Veterans and local preferences
were considered during the tabulation of the bids received. Please note that neither veteran
nor local preference was applied to any of the bidders.
Award is being recommended to Concrete Ready Mix & Pumping Service, inc„ the lowest
responsive bidder, as primary vendor, and Central Concrete Superrnix, the second lowest
responsive bidder, as secondary vendor should primary vendor fail to comply with the terms
and conditions of the contract.
Ccmcrete Ready Mix & Pumolnc Service, I
Concrete Ready Mix has been in bus-inessef sr l yearsThey area full service concrete mix
company serving South Florida in both the preparation and application aspects of the floor
surfacing business. Their plant is located et 7301 NW 47 Street.
Central Canorete Su ermlx
Superniix has been Serving Florida since 1989. Supermix currently operates 18 different
locations throughout South Florida serving Miami -Dade, Broward, South Pala Beach, North
Collier and Lee countlee. Their Miami plant is located at 4300 S.W. 74 Avenue.
CiTY iyiwpws
After considering the review and recommendation of City staff, the City Manager exercised
his due diligence and Is recommending to the Mayor and the City Commission to award
contracts to Concrete Ready Mix & Pumping Service, Inc. as primary vendor, and Central
Concrete Supermix as secondary vendor,
cONCLU$ION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission award contracts to Concrete Ready Mix & Pumping Service, Inc. as primary
vendor, and Central Concrete Supermix as secondary vendor, pursuant to Invitation to bid
(ITB) No. 2014-O57'MF for the purchase of bulk concrete mix.
TMGEND, 120141FabruarylPracurementllTB 2014 -057 -MF Purch-ase of Bulk Comte Mix - Memo,doc
162
APP5NDIX A — TABULATED RESULTS
'TB 2014-057 — Purchase of Bulk Coriurete Mix
i terry Description
t wTlt N I - rcii3 PLAN -11!
1 3000 PSI Regular
2 3500 P51 regular
3 4000 PSI regular
CONCR T READ MIX AND
PUMPING
ci'+ WWM • Unit Cost
2 Cu,Yd $60,00
70 Cu.Yd $63.
1 ; Cu.Yd $66,00
1 Cu.Yd .1.40,00
_ 4 3000 PSI with Red Oxide
3500 PSI with Red Oxide
6 4000 PSI with Red Oxide
total. 00
$44,410,00 0
$6.00
$140,00
$ 214450,00
$146.01
150 Cu,Yd $143.00
Cu.Yd .46.00
OPTION Ill DELIVERED
7 3000 PSI Regular
8 3500 PSI regular
9 4000 PSI regular
10 3000 P51 with Red Oxide
11 3500 PSI with Red Oxide
12 4000 P51 with Red Oxide
GRAND TOTAL
CENTRAL CONCRETE
SUPERMIX
Unit Cost
$7900
$81,00
: Total
$1588,00
$5,670.00
$83MO0 _.�.�. $83.00
$157.00 $1_521.02_
$166,00 $24,900.00
$ t85.00 $185.00
QTY U/M ° LJr it Cost
1 Cu.Yd _$80.00
2
Cu.Yd $83.00
1 CuYd $86.00
4 Cu.Yd $180.00
1. Cu.Yd $183.00
1 Cu.Yc! $186.00
•
Total
$80.00
..$166.00
$86.00
$720,00
$183,00
$186.00
Unit Cosi
8,5.00
$87,00
$89.00
$163,00
$174.00
$101.00
$272910
Total
$85.00
$174,00
$89.04
$652,00
$174.00
$191,00
$32,18000
*Quantities shown are estimated. Estimates are based upon the City's actual needs and/or usage during a
previous contract. No guarantee Is expressed or implied as to quantities or dollars that will be used during the
contract period,
163
#fP MIAMI BEACH
ITS NO.: 2014.057411F
PURCHASEINVITATION
TO BID
OF BULK CONCRETE �����
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Section 9,AeD8ral Conditions ,..,,...........^.^'^'^'^''^'"'^^'^'^' ''"''
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Section 3, Special Conditions ............................................... .,..............,.
Section &/ Specifications 8Technical Requirements ,.'..,....,.,.,..,.,,.,,,.,,,,.. .,
Su,HoD5`pN�ricpForm *, ,..,,.,.,,,.,,,.,,.,,.,.,.,.,,,,,,,,,,,,,,,,,,,,,.,
Section 6, Cen & Affidavits ,..,,.,,,.,,`^,.,,.,....,..,,.,.,.,.,,,,.,..,.,,`.
Section7/"NDBid" Fon ,.., ,,.',...,,,".,..,..,.',,...,'..,."'^.'"'"'`^'^'^^''"'^^^'
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ION
ITB 2014 -057 -MF - Bulk.Concrete Mix
MIAMIBEACH
SECTION 1, INSTRUCTIONS TO BIDDERS
Section 2 -General Conditions
VOA rrovomsommelomatammt
•
CoNTATT INFOR ! ;
Procurement Contact:
Marta Fernandez Rubio
Tel:
305-673.7000 Ext. 6263
Email
mfernandezrublo@miamibeachfl v
l[ POPLES 4.E,,QUIREP.,
Original Signed Proposal:
1
Copies of Original Signed Proposal:
3
Electronic Copies (CD-ROM or Flashdrive)
1
Bla SUBMITTAL D.EADIJNE
Due Date & Timo:
January 16, 2014 at 3:00pm
Bids that are l of re; eir ed. bythe due date
& turtle ,stated. herein : or modified only aria
written addendum will not be considered
and ill be returned to he bidder.
IN
Location for 81d Submittal:
City of Miami Beach
Department of Procurement Management
1700 Convention Center Drive, 3RD Floor
Miami Beach, Florida 33139
1,, CONE OF SILENCE. Pursuant to Section 2-486 of the City Code,
all procurement solicitations once advertised and until an award
recommendation has been forwarded to the City Commission by 4,
the City Manager are under the "Cone of Silence." The Cone of
Silence ordinance is available at
httpWilbrarmunicode,coni/index,aspOciientlD=13097&stately-
9&statenameFlorida, Any communication or inquiry in reference
to this solicitation with any City employee or City official is strictly
prohibited with the of exception communications with the
procurement director, or his/her administrative staff responsible
for administering the procurement process for this solicitation
providing said communication is limited to matters of process or
procedure regarding the solicitation, Communications regarding
this solicitation are to be submitted In writing to the Procurement 5.
Contact named herein with a copy to the City Clerk at
rafaeigranado c@miamibeachfl goy.
2. BID PROPOSAL, The Bid Proposal Is to include the Bid Price
Form (Section 5) and Bid Certification and Affidavits (Section 6)
and any other information requested herein, Failure to submit a
signed Bid Price Form (Section 5) by the due date and time
established herein, or via addendum, for the receipt of bids shall
render bid non-responsive.
The Bid Price Form (Section 5) shall be completed mechanically
or, If manually, in ink. Bid Price Forms (Section 5) completed in
pencil shall be deemed non-responsive All corrections on the Bid
Price Form (Section 5) shall be initialed.
3. SEALED BIDS. Bids must be submitted in a sealed envelope or
container. The following information should be clearly marked on
the face of the envelope or container in which the bid is
submitted: Bid Number, Bld Title, Bidders Name, Bidder Return
Address, Any Bid received after the first Bid has been opened will
be considered late and will be returned to the Bidder unopened.
The City does not accept responsibility for delays, natural or
otherwise.
ADDENDUM. Procurement may issue an addendum In response
to any inquiry received, prior to Bid opening, which changes,
adds to or clarifies the terms, provisions or requirements of the
colicitation. The -Bidder -should -not -rely -on -any -representation,
statement or explanation whether written or verbal, other than
those made in this Bid Solicitation document or in any addenda
issued. Where there appears to be a conflict between this Bid
Solicitation and any addenda, the last addendum Issued shall
prevail. It is the Bidder's responsibility to ensure receipt of all
addenda, and any accompanying documentation Is Included in
Bid Proposal as required,
SPECIAL NOTICES: You are hereby advised that this solicitation
Is subject to the following ordinances/resolutions, which may be
found on the City Of Miami Beach website:
htto://web.miamibeachfl,govl racurementlscroll,ascx?IcI=23510
• CONE OF SILENCE - CITY CODE SECTION 2-486
• CAMPAIGN CONTRIBUTIONS aY CONTRACTORS - CITY CODE
SECTION
• DEBARMENT PROCEEDINGS - CITY CODE SECTION 23997
THROUGH 2-485
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES - CITY
CODE SECTION 2-481 THROUGH 2-486
.—L -PANG -WAG -R UIRkM-ENJT C1TY---OOFJ i S CTION--49
THROUGH 414
• LOCAL PREFERENCE FOR MIAMI BEACH•BASED
CONTRACTORS - CITY CODE SECTION 2-372
A PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED
AND CONTROLLED BY VETERANS AND TO STATE CERTIFIED
SERVICE -DISABLED VETERAN BUSINESS ENTERPRISES -
CITY CODE SECTION 2374
s PROTEST PROCEDURES - CiTY CODE SECTION 2-371
Page 11
�F MIAMI BEACH
iTO 2014-057-MF m Bulk Concrete MIX Section 2-General Conditions
SECTION 2
GENERAL TERMS AND CONDITION
2.1 GENERAL TERMS AND CONDITIONS, It is the respons€bllity of the Bidder to
become thoroughly familiar with the Bid requirements, terms and conditions of this
solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not
be accepted as a basis for varying the requirements of the City, or the compensation
to be paid to the Bidder.
2.2 MODIFICATION/WITHDRAWALS OF FIDS, 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 2,10
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
sold expiration date and letters of withdrawal received after contract award will NOT
be considered,
2.3 PRICES QUOTED, Prices quoted shall remain fire end fixed during the duration of
the contract. In completing the bid form, state both unit price and extended total,
when requested. Prices must be stated In units of quantity specified In the bidding
specifications. In case of discrepancy in computing the amount of the bid, the UNIT
PRICE quoted will govern, All prices must be F,O,B, destination, freight prepaid
(unless otherwise stated in Special Conditions). Discounts for prompt payment; The
Bidder may offer cash discounts for prompt payments; however, such discounts will
not be considered In determining the lowest price during bld evaluation. Bidders are
requested to provide prompt payment terms in the space provided on the Bid
submittal signature page of the solicitation, Award, if made, will be in accordance
with terms and conditions stated herein, Bach 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 2.12
bid(s).
Note as to Brand Names: Catalog numbers, manufacturers' and brand names,
when listed, are informational guides as to a standard of acceptable product
quality level only and should not be construed as an endorsement or a product
[Imitation 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.
EMERGENCY RESPONSE PRIORITY, It Is hereby made a part of this
solicitation that before, during, and after a public emergency, disaster, hurricane,
tornado, flood, or other acts of force majeure that the City of Miam€ Beach,
Florida shall receive a "First Priority" for any goods and services covered under
any award resulting from this solicitation, Including balance of fine Items as
applicable. It is vital and imperative that the majority of citizens are protected
from any emergency situation that threatens public health and safety, as
determined by the City. By virtue of submitting a response to this solicitation,
vendor agrees to provide alt award -related goods and services to the City on a
"first priority" under the emergency conditions noted above,
2.11 NONCONFORMANCE TO CONTRACT CONDITIONS, Items may be tested
for compliance with specifications. Items delivered, not conforming to
specifications, may be rejected and returned at the bidder's expense. These
items, as well as items not delivered as per delivery date In bid and/or purchase
order, may be purchased by the City, at its discretion, on the open market, Any
Increase in cost may be charged against the bidder. Any violation of these
stipulations may also result in the bidder's name being removed from the City's
vendor list
q 4 TAXs, The -City -of Mlami-Beach-is-exempt-from-all-Federal-Excise-and-State-taxes,
2.5 MISTAKES. Bidders are expected to examine the specifications, delivery schedules,
bid prices, and extenslons, and all instructions pertaining to supplies and services. 2.13
Failure to do so will be at the bidder's risk and may result in the bid being non-
responsive.
2,6 CONDITION AND PACKAGING, Bidder guarantees Items offered and delivered to
be the current standard production model at time of bid and shall offer expiration
dating of at least one year or later, Bidder also guarantees Items offered and
delivered to be new, unused, and free from any and all defects in materiel, packaging
and workmanship and agrees to replace defective items promptly at no charge to the
City of Miami Beach, for the manufacturer's standard warranty but In no case for a
period of less than 12 months from date of acceptance, All containers shall be
suitable for storage or shipment, and all prices shall Include standard commercial
packaging,
2,7 UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all
manufactured Items and fabrioated assemblies shall be U.L, listed or re•examinatlon
listing where such has been established by U.L. for the item(s) offered and furnished,
2.8 CITY'S RIGHT TO WAIVE OR REJECT BiDS. The Oily Commission reserves the
right to waive any informalities or irregularities In this Bid; or to reject all bids, or any
part of any bid, as It deems necessary and in the best Interest of the City of Miami
Beach.
PRODUCT INFORMATION, Product literature, specifications, and technical
information, including Manufacturer's Safety Data Sheets (MSDS) should be
provided with this bid as an attachment to the "BID FORM". However, in all
cases mustebe_provided within_five_(5)_calendar days_upon request from
Purchasing Agent,
SAMPLES. Bids submitted as an "equal" product must be accompanied with
detailed specifications Samples of items, when required, must be furnished free
of expense and, if not destroyed, will, upon request, be returned at the bidder's
expense. Bidders will be responsible for the removal of all samples furnished
within (30) days after bid opening. All samples will be disposed of after thirty
(30) days Each individual sample must be labeled with the bidder's name,
Failure of the bidder to either deliver required samples, or to clearly identify
samples may be reason for rejection of the bid, Unless otherwise indicated,
samples should be delivered to the Procurement Division, 1700 Convention
Center Drive, Miami Beach, FL 33139,
2,14 DELIVERY. Unless aotual date of delivery is specified (or If specified delivery
cannot be met), show number of days (In calendar days) required to make
delivery after receipt of purchase order, in space provided. Delivery time may
become a basis for making an award. Delivery shall be within the normal
working hours of the City using Department, Monday through Friday, excluding
holidays. Receiving hours are Monday through Friday, excluding holidays, from
8:30 A.M, to 5:00 P.M.
2,15 INTERPRETATIONS, Any questions concerning the Bid conditions and
specifications should be submitted, in writing, to the City's Department of
Procurement Management (DPM) 1700 Convention Center Drive, Miami Beach,
FL 33139.or facsimile: 786-394.4003.
2,9 EQUIVALENTS. if a bidder offers makes of equipment or brands of supplies other
than those specified in the Bid speoiffcations, he must so indicate in his bid. Specific 2.16
articte(s) of equipment/supplies shall conform in quality, design and construction with
all published claims of the manufacturer.
The bidder shall Indicate in the Bid Form the manufacturer's name and number If
bidding other than the specified brands, and shall Indicate ANY deviation from the
specifications as listed In the Bid. Other than specified Items offered requires
complete descriptive technical literature marked to indicate detailed conformance
with specifications, and MUST BE INCLUDED WITH THE B1D, NO BIDS WILL BE 2.17
CONSIDERED WITHOUT THiS INFORMATION,
LATE SUBMISSION. All bids received after the date, time, and place specified
In the Bid, will be returned to the bidder unopened, and will not be considered.
The responsibility for submitting bids before the stated time and date Is solely
the responsibility of the bidder, The City will not be responsible for delays
caused by mall, courier service, or any other entity or occurrence. Facsimile,
electronic, or e -malted bids will not be accepted.
INSPECTION, ACCEPTANCE & TITER. Inspection and acceptance will be at
destination, unless otherwise provided. Title to (or risk of loss or damage to) all
'age 2-
M (A1v1I BAH
ITB 2014.057 -MF — Bulk Concrete Mix
items shall be the responsibility of the successful bidder untll acceptance by the City,
unless loss or damage results from the gross negligence or willful misconduct of the
City,
If any equipment or supplies supplied to the City are found to be defective, or do not
conform to the specifications, the City reserves the right to cancel the order upon
written notice to the seller, and return the product, at the bidder's expense. 2,23
2,18 PAYMENT. Payment will be made by the City atter the Items have been received,
inspected, arid found to comply with Bld specifioations, free of damage or defect, and
properly Invoiced.
2.19 DISPUTES. In case of any doubt or differenoe of opinion as to the Items and/or 2.29
services (as the case may be) to be furnished hereunder, the decision of the City
shall be final and binding on all parties.
2.20 LEGAL REQUIREMENTS, The bidder shall be required to comply with all federal,
State of Florida, Miami -Dade County, and City of Miami Beach codes, laws,
ordinances, and/or rules and regulations that in any manner affect the items covered
herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder 2.30
with/of Applfoable Laws will in no way he a cause for relief from responsibility.
2.21 PATENTS & ROYALTIES. The bidder shall Indemnify and save harmless the City of
Miami Beech, Florida, and its officers, erployees, contractors, and/or agents, from
ilabiilty of any nature or kind, Including cost and expenses for, or an account of, any
copyrighted, patented, or unpatented Invention, process, or article manufactured or
used In fhe performance of the contract, including lis use by the City of Had 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, 2,31
2,22 OSiHA. The bidder warrants to the City that any work, services, supplies, materials or
equipment supplied pursuant to this Bid shall conform in all respects to the standards 2.32
set forth in the OccupationalSafetyand-Health Act of 1970, aa—amended, and t
failure to comply with this condition will be deemed breach of contract Any fines
levied because of inadequacies to comply with this condition shall be borne solely by
the bidder. 2.33
2.23 MANNER OF PERFORMANCE, Bidder agrees to perform its duties and obligations
in a professional manner and in accordance with all applicable Local, State, County,
and Federal laws, rules, regulations and codes, Bidder agrees that the services
provided shall be provided by employees that are educated, trained, experienced,
certified, and licensed in all areas encompassed within their designated duties.
Bidder agrees to furnish to the City any and all documentation, certification,
authorization, license, permit, or registration currently required by applicable laws,
rules, and regulations, Bidder further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable
laws or regulations In full force and effect during the term of this contract, Failure of
bidder to comply with this paragraph shall constitute a materiel breach of this
contract,
2.24 SPECIAL CONDITIONS, Any and all Special Conditions that may vary from these
General Terms and Conditions shalt have precedence.
2.28 ANTWISCRIMINATIQN, The bidder certifies that he/she is In compliance with the
non-discrimination clause contained In Section 202, Executive Order 11246, 80
amended by Executive Order 11375, relative to equal employment opportunity for all
persons without regard to race, color, religion, sex or national origin,
2.26 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
clty-sponsored proceeding, please contact 305-604-2489 (voice), 305.873-7524 (fax)
or 305.673.7218 (TTY) five days In advance to initiate your request. TTY users may
also call 711 (Florida Relay Service).
2,27 LIAE31l„ITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required
to enter or go on to City of Miami Beach property to deliver materials or perform work
or services as a result of the bid, the bidder will assume the full duty, obligation and
Section 2.Generai Conditions
expense of obtaining all necessary licenses, permits, and insurance, and assure
all work compiles with all Applicable Laws. The bidder shall be liable for any
damages or loss to the City occasioned by negligence of the kidder, or his/her
officers, employees, contractors, and/or agents, for failure to comply with
Applicable Laws,
BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid
Bonds, when required, shall be submitted with the bid in the amount speolfied In
the Special Conditions, After acceptance of the bid, the City will notify the
successful bidder to submit a per bond and certificate of insurance In
the amount specified in the Speolai Conditions,
DEFAULT, Failure or refusal of a bidder to execute a contract upon award, or
withdrawal of a hld before such award Is made, may result in forfeiture of thet
portion of any bid surety required as liquidated damages incurred by the City
thereby; or, where surety is not required, failure to execute a contract as
described above may be grounds for removing the bidder from the City's bidders
list.
CANCELLATION, In the event any of the provisions of this Bid are violated by
the bidder, the City shall give written notice to the bidder staling such
deficiencies and, unless such deficiencies are corrected within ten (10) calendar
days from the date of the City's notice, the City, through its Clty Manager, may
declare the contract in default and terminate same, without further notice
required to the bidder. Notwithstanding the preoeding, the City, through Its Clty
Manager, also reserves the right to terminate the contract at any time and for
any reason, without cause and for convenience, and without any monetary
liability to the City, upon the giving of thirty (30) days prior written notice to the
bidder,
BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show
purchase order numbers and shall be submitted to the ordering City department.
SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute
I�
shipmentsofany-kind. The bidder is -expected -to -furnish -the -brand -quoted -in -its
bid, Any substitute shipments will be returned at the bidder's expense=
FACILITIES. The City, through its City Manager or his/her authorized designee,
reserves the right to inspect the bidder's facilities at any time, upon reasonable
prior written or verbal notice,
2,34 PROTEST. In the event a prospective bidder wishes to protest any part of
the Goner& Conditions, Special Conditions and/or Technical Specifications
contained in this It must file a notice of protest in writing to the Procurement
Director, with a copy to the Clty Clerk, at least ten (10) business days prlor to
the Bid opening date and hour specified In the solicitation. Any bidder, who has
a substantial Interest in, and Is aggrieved in connection with the solicitation or
proposed award may protest to the Clty Manager or his or her designee anytime
until two (2) business days following the release of the City Manager's written
recommendation to the City Commission, Failure to file a timely notice of protest
will constitute a waiver of proceedings.
2,35 CLARIFICATION AND ADDENDA TO BiD SPECIFICATIONS, If a bidder is In
doubt as to the true meaning of the Bld specifications, or other Bid docurnents,
or any part thereof, the bidder must submit to the City, at least ten (10) calendar
days prior to the scheduled Bid opening date, a request for clarification. NO
QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
Any interpretation of the Bid, including, without limitation, responses to
questions and request for clarification(s) from bidders, will be made only by
Addendum duly issued by the City In the event of conflict with the original
specifications, the Addendum shall supersede such epeciflcations, to the extent
specified, Subsequent Addendum shall govern over prior Addendum only to the
extent specified. The bidder shall be required to acknowledge receipt of any and
all Addendum, and filling in and signing In the spaces provided in section 5,0,
Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a
bid non-responsive.
Page I-3-
19 !WW1 BECH
it
ITS 2014057 -MI: -- Sulk Concrete il!A Section 2, -General Conditions
The Oily will not be responsible for explanations, Interpretations, or answers to
questions made verbally or in writing by any City representative, unless issued by the 2,42
City via formal written Addendum to this Bid,
Any questions or clarifications concerning the Bid shall be submitted in writing to the
Department of Procurement Management (DPM) 1700 Convention Center Drive,
Miami Boaoh, FL 33139 with a copy to the City Clerk
2.36 DEMONSTRATION OF COMPETENCY.
A. Pre -award inspection of the bidder's facility may be made prior to the award of
contract.
g, Bids will only be considered from firms which aro regularly engaged in the
business of providing the goods and/or services as described in this Bid.
C. Bidders must be able to demonstrate a good record of performance for a
reasonable period of time, and have sufficient financial capacity, equipment, and
organization to ensure that they can satisfaotorily perform the services if awarded a
contract under the terms and conditions of this Did.
D. The terms 'equipment and organization", as used herein shall, be construed to
mean a fully equipped and well established company in line with the best business
practices in the Industry, and as determined by the City of Miami Beach,
E. The City may consider any evidence available regarding the financial, technical,
and other qualifications and abilities of a bidder, including past performance
(experience), In making an award that Is in the best interest of the City.
F. The City may require bidders to show proof that they have been designated as
authorized representatives of a manufacturer or supplier, which is the actual source
of supply, In these instances, the City may also require material information from the
source of supply regarding the quality, packaging, and characteristics of the products
to he supply to the City. Any materiel conflicts between information provided by the
source of supply and the information contained in the bidder's bid may render the bid 2.45
non-responsive,
0, 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
unsure that the bidder le continuing to provide sufficient financial support, equipment,
and organization as prescribed in this bid. Irrespective of the bidder's performance
oncontracts awarded—to it—by—the City, the) City m —pine said contrac s on
probationary status and Implement termination procedures if the City determines that
the successful bidder no longer possesses the financial support, equipment, and 2.46
organization which would have been necessary during the bid evaluation period in
order to comply with the demonstration of competency required under this
subsection,
2.47
Z37 DETERMINATION OF AWARD. In determining the fewest and best bidder, in
addition to price, there shall be considered the following;
• The ability, capacity end skill of the bidder to perform the contract,
• Whether the bidder can perform the contract within the time specified, without 2.48
delay or interference,
• The character, Integrity, reputation, judgment, experience and efficiency of the
bidder.
• The quality of performance of previous contracts.
• The previous and existing compliance by the bidder with Applicable Laws
relating to the contraot,
ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any
person ar 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.
2.43 ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if
provided, are far City guidance only. No guarantee is expressed or implied as to
quantities or dollars that will be used during the contract period. The City is not
obligated to place any order for a given amount subsequent to the award of this
Bid, Estimates aro based upon the City's actual needs and/or usage during a
previous contract period. The City may use said estimates for purposes of
determining whether the low bidder meets specifications.
2,44 COLLUSION. Where two (2) or more related parties each submit a bid or bids
for any contract, such bids or bids shall be presumed to be collusive, The
foregoing presumption may be rebutted by presentation of evidence as to the
extent of ownership, control and management of such related parties In the
preparation and submittal of such bid or bids, "Related parties" means bidders or
the prinoipals thereof which have a direct or Indirect ownership interest in
another bidder for the same contract, or in which e parent company or the
principals thereof of one (1) bidder have a direct or indirect ownership Interest in
another bidder for the same contract, Bid or bids found to be collusive shall be
rejected.
Bidders who have been found to have engaged In collusion may also be
suspended or debarred, and any contract resulting from collusive bidding may
be terminated for cause.
2.38 ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or
otherwise dispose of the contract, including any or all of its right, title or interest
therein, or his/her or its power to execute such oontract, to any person, company or
corporation, without the prior written consent of the City,
2,39 LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all
licenses, permits, and Inspection fees required under the confraot; and shall comply
with all Applicable Laws,
2,40 OPTIONAL CONTRACT USAGE. When the successful bidder(s) Is In agreement,
other units of government or non-profit agencies may participate in purchases
pursuant to the award of this contract at the option of the unit of government or non-
profit agency,
2,41 SPOT MARKET PURCHASES. It Is the intent of the City to purchase the items
specifically listed In this Bid from the successful bidder. However, the Clly reserves
the right to purchase the items from state or other governmental contract, or on an
as -needed basis through the City's spot market purchase provisions,
2,49
DISPUTES. In the event of a conflict between the Bid documents, the order of
priority of the documents shall be as follows:
A. Any contract or agreement resulting from the award of this Bid; then
B, Addendum Issued for this Bid, with the latest Addendum taking
precedence; then
C. The Bid; then
U, The bidder's bid in r esponso to the Bid
REASONABLE ACCOMMODATION. In accordance with Title 11 of the
Americans with Disabilities Act, any person requiring an accommodation at the
Bid opening because of a disability must contact the Procurement Division,
GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, contractor, or agent of the City, for the
purpose of influencing consideration of this Bid.
SIGNED BID CONSIDERED AN OFFER. The signed bid shall be considered an
offer on the part of the bidder, which offer shall be deemed accepted upon
award of the bid by the City Commission. In case of default on the part of the
successful bidder, after such acceptance, the City may procure the Items or
services from other sources and hold the bidder responsible for any excess cost
occasioned or incurred thereby.
TIE BIDS, In accordance with Florida Statues Section 287.087, regarding
Identical tie bids, preference will be given to bidders certifying that they have
implemented a drug free work place program, A certification form will be
required, in the event of a continued tle between two or more bidders after
consideration of the drug free workplace program, the City's Local Preference
and Veteran Preference ordinances will dictate the manner by which a tie is to
be resolved, In the event of a continued tie after the Local and Veteran
Preference ordinances have been applied or the tie exists between bidders that
are not Local or Veteran, the breaking of the tie shall be at the City Manager's
discretion, which will make a recommendation for award to the City
Commission
2.50 DELIVERY TIME, Bidders shall specify In the attached Bid Form, the
guaranteed delivery time (in calendar days) for each item. It most be a firm
delivery time; no ranges (For example, 12-14 days) will be a000pted.
2.51 TERMINATION FOR DEFAULT, if the successful bidder shall fall to fulfill in a
timely manner, ar otherwise violate, any of the covenants, agreements, or
stipulations material to the Bid and/or the contract entered into with the City
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