Certification of Contract Purchase of Bulk Concrete Mix ll �-
MIAMIBEACH
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: Purchase of Bulk Concrete Mix
CONTRACT NO.: 2014-057-ITB-MF
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
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CONTRACTOR(S): Central Concrete Supermix (Secondary) j
ESTIMATED ANNUAL CONTRACT AMOUNT: $68,500 '
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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. 2014-057-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 i
taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number
2014-057-ITB-MF.
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D. 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 - Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by Contractor without the prior written I
consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or
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any portion of work and/or services required by the Contract Documents without the prior
written consent of the City.
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Certification of Contract
Contractor warrants and represents that all persons providing/performing any supplies,
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 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
performance 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.
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 adhere to
the City's Service Excellence standards. Training will 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.
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I. 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, i
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.
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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 i
in the manner provided in this section. For the present, the parties designate the
following:
For City:
Alex Denis Procurement Director
City of Miami Beach
Department of Procurement Management
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1700 Convention Center Drive
Miami Beach, Florida 33139 j
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With copies to:
City Clerk
City Clerk Office
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Central Concrete Supermix
4300 S.W. 74 Avenue
Miami, Florida 33155 {'
Attn: Roy F MacRobert
Phone: 305-262-3250
Fax: 305-267-0696
E-mail: rmacrobert 4),,suuermix.com i
L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each i
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.
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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 1
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.
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. 1
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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.
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 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.
i 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; and /or (iii) Contractor's bid in
response thereto, the more stringent provision (as enforced by the City) shall prevail.
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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.
CONTRACTOR CITY OF MIAMI BEACH
v /A-4 U, By J//j
President/Sig ature Mayor
°
Print Name Date
Date
ATTEAL ATTEST:
Secreta /Signature City Clerk
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Print Name Date
Dater
!NCORP IORWED.:
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Form W 9 Request for Taxpayer Give form to the
(Rev.October 20rea Identification Number and Certification requester. Do not
oternal enr n e Treasury y send to the IRS.
internal Revenue Service
Name(as shown on your income tax return)
Central Concrete Supermix, Inc.
aBusiness name,if different from above
c
o � j
1.cc Check appropriate box: [I Individual/Sole proprietor rr Corporation ❑ Partnership
2-2 ❑ limited liability company. Enter the tax classification(D�lisregarded entity, C=corporation. P=partnership) s ❑ Exempt
❑ Other(see retractions) •
payee
C Addre_g{number street.and apt.or suite no.) Requester's name and address(optional)
a P.O. Box 7520
City,state. and ZIP code
Miami, FL 33155-7520
CID List account number(s)here(optional)
Taxpayer Identification Plumber (TIP!)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding. For individuals, this is your social security number(SSN). However, for a resident
alien, sole proprietor,or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number(EIN). If you do not have a number, see How to get a TIN on page 3. or
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number
number to enter. 65 0121191
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b) I have not been notified by the Intemal
Revenue Service(IRS) that I am subject to backup-withholding as a result of a failure to report all interest or dividends, or(c)the IRS has
notified me that I am no longer subject to backup withholding, and
3. 1 am a U.S. citizen or other U.S. person (defined below).
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement(IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, ut you must
provide your correct TIN. See the instructions on page 4.
Sign Signature of
Here U.S.persons Date �General Instructions Definition of a U.S, person, or feder tax purposes, you are
Section references are to the Internal Revenue Code unless considered a U.S. person if you are:
otherwise noted. • An-Individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
Purpose Of Form organized in the United States or under the laws of the United
A person who is required to file an information return with the States,
IRS must obtain your correct taxpayer identification number (TIN) • An estate (other than a foreign estate), or
to report, for example, income paid to you, real estate e A domestic trust as defined in R
transactions, mortgage interest you paid, acquisition or ( Regulations section
abandonment of secured roe 301.7701-7).
property,rty, cancellation of debt, or
eof*ibutions you made to an IRA. Special rules for partnerships. Partnerships that conduct a
trade or business in the United-States are generally required to
- ---Use-FormW=g only if you are a U.S, person(including a pay a withholding tax on any foreign partners' share of income
resident alien), to provide your correct TIN to the person from such business. Further, in certain cases 4V
where a Form -9
requesting it (the requester) and, when applicable, to: has not been received, a partnership is required to presume that
1. Certify that the TIN you are giving is correct (or you are a partner is a foreign person, and pay the withholding tax.
waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a
2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
3. Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership
exempt payee. If applicable, you are also certifying that as a income.
U.S. person, your allocable share of any partnership income from The person who gives Form W-9 to the partnership for
a U.S. trade or business is not subject to the withholding tax on
foreign partners' share of effectively connected income. Purposes of establishing its U.S. status and avoiding withholding
on its allocable share of net income from the partnership
Note. If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the
request your TIN, you must use the requester's form if it is following cases:
substantially similar to this Form W-9.
• The U.S, owner of a disregarded entity and not the entity,
Cat.No. 10231X Form W-9 (Rev. 10-2007)
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award Contracts Pursuant To Invitation To Bid(ITB)No.2014-057 For The Purchase Of
Bulk Concrete Mix.
Key Intended Outcome Supported:
Maintain City's Infrastructure.
Supporting Data(Surveys, Environmental Scan,etc.): n/a
Issue:
Shall the City Commission approve the award of Contracts?
Item Summa /Recommendation:
The purpose of this item is to approve contracts for the purchase of bulk concrete mix product for the Public Works
Department of the City of Miami Beach(the City)pursuant to ITB 2014-057-MF. The concrete mix 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
Supermix,the second lowest responsive, responsible bidder be awarded the contract as the secondary vendor. i
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:
NIA
Financial Information:
Source of Amount Account
Funds: 1 $36,000 Public Works RepairslMaint.Account No.425-0410-000342
Water
2 $32,500 Public Works RepairslMaint.Account No.425-0420-000342
Sewer
3
OBPI Total $68,500
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Financial Impact Summa he annual cast associated with the purchase of bulk concrete mix is subject to .
P Summary:T P J
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 approved by Commission.
City Clerk's Office Legislative Tracking:
Alex Denis, Director Ext#6641
Sign-Offs.
Depqrtment Director AssistarWpity Manager city ana er
AD ETC KGB MT JLM_zc_
T:IAGENDA 0141February\Procurement\ITB 2014-057 Rufdhase of Bulk Concret Mix SUMMARY.doc
AGENDA ITEM
MIAMBEACH o2
� 16® SATE
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.mic;mibeachl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Membe of the Ci Commission
FROM: Jimmy L. Morales, City Manage
DATE: February 12, 2014
SUBJECT: REQUEST FOR APPROVAL TO A ARD CONTRACTS PURSUANT TO INVITATION
TO BID (ITB) NO.2014-057 FOR THE PURCHASE OF BULK CONCRETE MIX
ADMINISTRATION RECOMMENDATION
Approve 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
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 below are the FY 2014 budget amounts approved
by Commission.
$36,000.00 Public Works Repairs/Maint. Account No. 425-0410-000342 (Water)
$32,500.00 Public Works Repairs/Maint.Account No. 425-0420-000342(Sewer)
$68,500.00 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(OBPI).
BACKGROUND INFORMATION
The purpose of this ITB is to establish a contract, by means of sealed bids,with a qualified
firm(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 basis. Prior to
completion of each exercised contract term, the City may consider an adjustment to price
based on changes in the applicable CPI-U index.
161
Commission Memorandum
ITB 2014-057 Bulk Concrete Mix
February 12, 2014
Page 12
ITB PROCESS
ITB No.2014-057, was issued on December 16, 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 receipt of the following two(2)bids:
• Central Concrete Supermix
• Concrete Ready Mix & Pumping Service, Inc.
Detailed tabulated results are included 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 Supermix, the second lowest
responsive bidder, as secondary vendor should primary vendor fail to comply with the terms
and conditions of the contract.
Concrete Ready Mix & PumpinQ Service, Inc.
Concrete Ready Mix has been in business for 15 years.They are a full service concrete mix
company serving South Florida in both the preparation and application aspects of the floor
surfacing business. Their plant is located at 7301 NW 47 Street.
Central Concrete Supermix
Supermix has been Serving Florida since 1989. Supermix currently operates 18 different
locations throughout South Florida serving Miami-Dade, Broward,South Palm Beach,North
Collier and Lee counties. Their Miami plant is located at 4300 S.W. 74 Avenue.
CITY MANAGER'S REVIEW
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.
CONCLUSION
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. 2014-057-MF for the purchase of bulk concrete mix.
T:IAGENDA120141February\Procurement\ITB 2014-057-MF Purchase of Bulk Concrete Mix-Memo.doc
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162
APPENDIX A-TABULATED RESULTS
ITB 2014-057-Purchase of Bulk Concrete Mix
CONCRET READ MIX AND CENTRALCONCRETE
Item Description PUMPING SUPERMIX
OPTION t-FOB PLANT: QTY U/M Unit Cost Total 'Unit Cost Total
1 3000 PSI Regular 2 Cu.Yd $60.00 $120.00 $79.00 $158.00
2 3500 PSI regular 70 1 Cu.Yd $63.00 $4,410.00 $81.00 $5,670.00
3 4000 PSI regular 1 Cu.Yd $66.00 $66.00 $83.00 $83.00
4 3000 PSI with Red Oxide 1 Cu.Yd $140.00 $140.00 $157.00 $157.00
5 3500 PSI with Red Oxide 150 Cu.Yd $143.00 $21,450.00 $166.00 $24,900.00
6 4000 PSI with Red Oxide 1 Cu.Yd $146.00 $146.00 $185.00 $185.00
OPTION 11-DELIVERED: QTY U/M Unit Cost Total Unit Cost Total
7 3000 PSI Regular 1 Cu.Yd $80.00 $80.00 $85.00 $85.00
8 3500 PSI regular 2 1 Cu.Yd $83.00 $166.00 $87.00 $174.00
9 4000 PSI regular 1 Cu.Yd $86.00 $86.00 $89.00 $89.00
10 3000 PSI with Red Oxide 4 Cu.Yd $180.00 $720.00 $163.00 $652.00
11 3500 PSI with Red Oxide 1 Cu.Yd $183.00 $183.00 $174.00 $174.00
12 4000 PSI with Red Oxide 1 Cu.Yd $186.00 $186.00 $191.00 $191.00
GRAND TOTAL $27,753.00 $32,518.00
*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
OD MIANd
ITB NO.: 2014-057-MF
INVITATION
TO BID
PURCHASE OF BULK CONCRETE MIX
Table of Contents
Section 1, Instructions to Bidders.............................................................................. P. 1
... P
Section 2, General Conditions ............................................................................ ..... . 2
Section 3, Special Conditions ................................................................................... P.6
Section 4, Specifications&Technical Requirements ..................................................... P. 11
Section 5, Bid Price Form* .............................................................................................
P
Section 6, Certification &Affidavits ............................................................................ p. 13
Section7, "No Bid" Form ......................................................................................... P. 19
Section8,Appendixes ........................................................................ ................. n/a
FAILURE TO SUBMIT SIGNED BID PRICE FORM, SECTION
5.0� BY THE DUE DATE AND TIME ESTABLISHED HEREIN
OR AMENDED A ADDENDUM, 1 1 NOW
RESPONSIVE
ITB 2014-057-MF—Bulk Concrete Mix Section 2-General Conditions
NAIANAIBEACH
SECTION 1, INSTRUCTIONS TO BIDDERS
CONTACTIN FORMATION
Procurement Contact: Tel: Email:
Marta Fernandez Rubio 305-673-7000 Ext.6263 mfernandezrubio miamibeachfl. ov
BID COPIES o
Original Signed Proposal: Copies of Original Signed Proposal: Electronic Copies(CD-ROM or Flashdrive)
1 3 1
BID SUBMITTAL DEADLINE
Due Date&Time: Location for Bid Submittal:
January 16, 2014 at 3:00prn City of Miami Beach
Bids that are no _ date- Department of Procurement Management
-stated& time • . . only via 1700 Convention Center Drive, 3RD Floor
written addendum be considered: ': Miami Beach, Florida 33139
,and will be returned,to the bidder
Instructions to Bidders--
1 CONE OF SILENCE.Pursuant to Section 2-486 of the City Code, The City does not accept responsibility for delays, natural or
all procurement solicitations once advertised and until an award otherwise.
recommendation has been forwarded to the City Commission by 4. ADDENDUM. Procurement may issue an addendum in response
the City Manager are under the"Cone of Silence."The Cone of to any inquiry received, prior to Bid opening, which changes,
Silence ordinance is available at adds to or clarifies the terms, provisions or requirements of the
http://library.municode.com/index.aspx?clientlD=13097&statelD= solicitation. The Bidder should not rely on any representation,
9&statename=Florida.Any communication or inquiry in reference statement or explanation whether written or verbal, other than
to this solicitation with any City employee or City official is strictly those made in this Bid Solicitation document or in any addenda
prohibited with the of exception communications with the issued. Where there appears to be a conflict between this Bid
procurement director, or his/her administrative staff responsible Solicitation and any addenda, the last addendum issued shall
for administering the procurement process for this solicitation prevail. It is the Bidder's responsibility to ensure receipt of all
providing said communication is limited to matters of process or addenda, and any accompanying documentation is included in
procedure regarding the solicitation. Communications regarding Bid Proposal as required.
this solicitation are to be submitted in writing to the Procurement 5. SPECIAL NOTICES:You are hereby advised that this solicitation
Contact named herein with a copy to the City Clerk at is subject to the following ordinances/resolutions, which may be
rafaelgranado @miamibeachfl.gov. found on the City Of Miami Beach website:
2. BID PROPOSAL. The Bid Proposal is to include the Bid Price http://web.miamibeachfl.gov/procuremenUscroll.aspx?id=23510
Form (Section 5) and Bid Certification and Affidavits (Section 6) 0 CONE OF SILENCE-CITY CODE SECTION 2-486
and any other information requested herein. Failure to submit a 0 CAMPAIGN CONTRIBUTIONS BY CONTRACTORS-CITY CODE
signed Bid Price Form (Section 5) by the due date and time SECTION
established herein, or via addendum, for the receipt of bids shall DEBARMENT PROCEEDINGS — CITY CODE SECTION 2-397
render bid non-responsive. THROUGH 2-485
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES—CITY
The Bid Price Form Section 5 shall be completed mechanical) CODE SECTION 2-481 THROUGH 2-486
( ) p Y LIVING �n�nr_� REQUIREMENT riTV rnnG cGrTinni �m
or, if manually, in ink. Bid Price Forms (Section 5) completed in
THROUGH 44-0
pencil shall be deemed non-responsive.All corrections on the Bid LOCAL PREFERENCE FOR MIAMI BEACH-BASED
Price Form(Section 5)shall be initialed. CONTRACTORS-CITY CODE SECTION 2-372
• PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED
3. SEALED BIDS. Bids must be submitted in a sealed envelope or AND CONTROLLED BY VETERANS AND TO STATE CERTIFIED
container. The following information should be clearly marked on SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES
the face of the envelope or container in which the bid is CITY CODE SECTION 2-374
submitted: Bid Number, Bid Title, Bidders Name, Bidder Return • PROTEST PROCEDURES-CITY CODE SECTION 2-371
Address.Any Bid received after the first Bid has been opened will
be considered late and will be returned to the Bidder unopened.
Page 11
a_y:C IA ,Ad BEACH
ITB 2014-057-MF—Bulk Concrete Mix Section 2-General Conditions
SECTION 2
GENERAL TERMS AND CONDITION
2.1 GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to Note as to Brand Names:Catalog numbers,manufacturers'and brand names,
become thoroughly familiar with the Bid requirements,terms and conditions of this when listed, are informational guides as to a standard of acceptable product
solicitation.Ignorance by the Bidder of conditions that exist or that may exist will not quality level only and should not be construed as an endorsement or a product
be accepted as a basis for varying the requirements of the City,or the compensation limitation of recognized and legitimate manufacturers. Bidders shall formally
to be paid to the Bidder. substantiate and verify that product(s)offered conform with or exceed quality as
listed in the specifications.
2.2 MODIFICATIONIWITHDRAWALS 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 2.10 EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this
time. Modifications received after the bid due date and time will NOT be considered. solicitation that before,during,and after a public emergency,disaster,hurricane,
Bids shall be irrevocable until contract award unless withdrawn in writing prior to the tornado, flood, or other acts of force majeure that the City of Miami Beach,
bid due date or after expiration of 120 calendar days from the opening of bids without Florida shall receive a"First Priority"for any goods and services covered under
a contract award. Letters of withdrawal received after the bid due date and before any award resulting from this solicitation, including balance of line items as
said expiration date and letters of withdrawal received after contract award will NOT applicable. It is vital and imperative that the majority of citizens are protected
be considered. from any emergency situation that threatens public health and safety, as
determined by the City. By virtue of submitting a response to this solicitation,
2.3 PRICES QUOTED.Prices quoted shall remain firm and fixed during the duration of vendor agrees to provide all award-related goods and services to the City on a
the contract. In completing the bid form,state both unit price and extended total, "first priority"under the emergency conditions noted above.
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 2.11 NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested
PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid for compliance with specifications. Items delivered, not conforming to
(unless otherwise stated in Special Conditions). Discounts for prompt payment;The specifications, may be rejected and returned at the bidder's expense. These
Bidder may offer cash discounts for prompt payments;however,such discounts will items,as well as items not delivered as per delivery date in bid and/or purchase
not be considered in determining the lowest price during bid evaluation. Bidders are order,may be purchased by the City,at its discretion,on the open market. Any
requested to provide prompt payment terms in the space provided on the Bid increase in cost may be charged against the bidder. Any violation of these
submittal signature page of the solicitation.Award, if made,will be in accordance stipulations may also result in the bidder's name being removed from the City's
with terms and conditions stated herein. Each item must be bid separately,and no vendor list.
attempt is to be made to be 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 PRODUCT INFORMATION. Product literature, specifications, and technical
bid(s). information, including Manufacturer's Safety Data Sheets (MSDS) should be
provided with this bid as an attachment to the"BID FORM". However, in all
2.4 TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. cases must be provided within five (5) calendar days upon request from
Purchasing Agent.
2.5 MISTAKES.Bidders are expected to examine the specifications,delivery schedules,
bid prices,and extensions,and all instructions pertaining to supplies and services. 2.13 SAMPLES. Bids submitted as an"equal" product must be accompanied with
Failure to do so will be at the bidder's risk and may result in the bid being non- detailed specifications.Samples of items,when required,must be furnished free
responsive. 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
2.6 CONDITION AND PACKAGING.Bidder guarantees items offered and delivered to within(30)days after bid opening. All samples will be disposed of after thirty
be the current standard production model at time of bid and shall offer expiration (30)days. Each individual sample must be labeled with the bidder's name.
dating of at least one year or later. Bidder also guarantees items offered and Failure of the bidder to either deliver required samples, or to clearly identify
delivered to be new,unused,and free from any and all defects in material,packaging samples may be reason for rejection of the bid. Unless otherwise indicated,
and workmanship and agrees to replace defective items promptly at no charge to the samples should be delivered to the Procurement Division, 1700 Convention
City of Miami Beach,for the manufacturer's standard warranty but in no case for a Center Drive,Miami Beach,FL 33139.
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 2.14 DELIVERY.Unless actual date of delivery is specified(or if specified delivery
packaging. 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
2.7 UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all become a basis for making an award. Delivery shall be within the normal
manufactured items and fabricated assemblies shall be U.L.listed or re-examination working hours of the City using Department,Monday through Friday,excluding
listing where such has been established by U.L.for the item(s)offered and furnished. holidays.Receiving hours are Monday through Friday,excluding holidays,from
8:30 A.M.to 5:00 P.M.
2.8 CITY'S RIGHT TO WAIVE OR REJECT BIDS.The City Commission reserves the
right to waive any informalities or irregularities in this Bid;or to reject all bids,or any 2.15 INTERPRETATIONS. Any questions concerning the Bid conditions and
part of any bid,as it deems necessary and in the best interest of the City of Miami specifications should be submitted, in writing, to the City's Department of
Beach. 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 specifications,he must so indicate in his bid. Specific 2.16 LATE SUBMISSION.All bids received after the date,time,and place specified
article(s)of equipment/supplies shall conform in quality,design and construction with in the Bid,will be returned to the bidder unopened,and will not be considered.
all published claims of the manufacturer. The responsibility for submitting bids before the stated time and date is solely
The bidder shall indicate in the Bid Form the manufacturer's name and number if the responsibility of the bidder. The City will not be responsible for delays
bidding other than the specified brands,and shall indicate ANY deviation from the caused by mail, courier service, or any other entity or occurrence. Facsimile,
specifications as listed in the Bid. Other than specified items offered requires electronic,or e-mailed bids will not be accepted.
complete descriptive technical literature marked to indicate detailed conformance
with specifications,and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE 2.17 INSPECTION,ACCEPTANCE&TITLE. Inspection and acceptance will be at
CONSIDERED WITHOUT THIS INFORMATION. destination,unless otherwise provided. Title to(or risk of loss or damage to)all
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items shall be the responsibility of the successful bidder until acceptance by the City, expense of obtaining all necessary licenses,permits,and insurance,and assure
unless loss or damage results from the gross negligence or willful misconduct of the all work complies with all Applicable Laws. The bidder shall be liable for any
City. damages or loss to the City occasioned by negligence of the bidder,or his/her
officers, employees, contractors, and/or agents, for failure to comply with
If any equipment or supplies supplied to the City are found to be defective, or do not Applicable Laws.
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. 2.28 BID BONDS,PERFORMANCE BONDS,CERTIFICATES OF INSURANCE.Bid
Bonds,when required,shall be submitted with the bid in the amount specified in
2.18 PAYMENT.Payment will be made by the City after the items have been received, the Special Conditions. After acceptance of the bid, the City will notify the
inspected,and found to comply with Bid specifications,free of damage or defect,and successful bidder to submit a performance bond and certificate of insurance in
properly invoiced. the amount specified in the Special Conditions.
2.19 DISPUTES. In case of any doubt or difference of opinion as to the items and/or 2.29 DEFAULT.Failure or refusal of a bidder to execute a contract upon award,or
services(as the case may be)to be furnished hereunder,the decision of the City withdrawal of a bid before such award is made,may result in forfeiture of that
shall be final and binding on all parties. 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
2.20 LEGAL REQUIREMENTS.The bidder shall be required to comply with all federal, described above may be grounds for removing the bidder from the City's bidders
State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, list.
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 CANCELLATION.In the event any of the provisions of this Bid are violated by
with/of Applicable Laws will in no way be a cause for relief from responsibility. the bidder, the City shall give written notice to the bidder stating such
deficiencies and,unless such deficiencies are corrected within ten(10)calendar
2.21 PATENTS&ROYALTIES.The bidder shall indemnify and save harmless the City of days from the date of the City's notice,the City,through its City Manager,may
Miami Beach,Florida,and its officers,employees,contractors,and/or agents,from declare the contract in default and terminate same, without further notice
liability of any nature or kind,including cost and expenses for,or on account of,any required to the bidder.Notwithstanding the preceding,the City,through its City
copyrighted,patented,or unpatented invention,process,or article manufactured or Manager,also reserves the right to terminate the contract at any time and for
used in the performance of the contract,including its use by the City of Miami Beach, any reason, without cause and for convenience, and without any monetary
Florida. If the bidder uses any design,device or materials covered by letters,patent, liability to the City,upon the giving of thirty(30)days prior written notice to the
or copyright, it is mutually understood and agreed,without exception, that the bid bidder.
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 BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show
purchase order numbers and shall be submitted to the ordering City department.
2.22 OSHA.The bidder warrants to the City that any work,services,supplies,materials or
equipment supplied pursuant to this Bid shall conform in all respects to the standards 2.32 SUBSTITUTIONS.After award of contract,the City WILL NOT accept substitute
set forth in the Occupational Safety and Health Act of 1970,as amended,and the shipments of any kind. The bidder is expected to furnish the brand quoted in its
failure to comply with this condition will be deemed breach of contract. Any fines bid. Any substitute shipments will be returned at the bidder's expense.
levied because of inadequacies to comply with this condition shall be borne solely by
the bidder. 2.33 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
2.23 MANNER OF PERFORMANCE.Bidder agrees to perform its duties and obligations prior written or verbal notice.
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 2.34 PROTEST. In the event a prospective bidder wishes to protest any part of
provided shall be provided by employees that are educated, trained, experienced, the General Conditions, Special Conditions and/or Technical Specifications
certified, and licensed in all areas encompassed within their designated duties. contained in this it must file a notice of protest in writing to the Procurement
Bidder agrees to furnish to the City any and all documentation, certification, Director,with a copy to the City Clerk,at least ten(10)business days prior to
authorization, license, permit, or registration currently required by applicable laws, the Bid opening date and hour specified in the solicitation. Any bidder,who has
rules,and regulations. Bidder further certifies that it and its employees will keep all a substantial interest in,and is aggrieved in connection with the solicitation or
licenses,permits,registrations,authorizations,or certifications required by applicable proposed award may protest to the City Manager or his or her designee anytime
laws or regulations in full force and effect during the term of this contract. Failure of until two(2)business days following the release of the City Manager's written
bidder to comply with this paragraph shall constitute a material breach of this recommendation to the City Commission.Failure to file a timely notice of protest
contract. will constitute a waiver of proceedings.
2.24 SPECIAL CONDITIONS.Any and all Special Conditions that may vary from these 2.35 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:If a bidder is in
General Terms and Conditions shall have precedence. doubt as to the true meaning of the Bid specifications,or other Bid documents,
or any part thereof,the bidder must submit to the City,at least ten(10)calendar
2.25 ANTI-DISCRIMINATION.The bidder certifies that he/she is in compliance with the days prior to the scheduled Bid opening date, a request for clarification. NO
non-discrimination clause contained in Section 202, Executive Order 11246, as QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
amended by Executive Order 11375,relative to equal employment opportunity for all
persons without regard to race,color,religion,sex or national origin. Any interpretation of the Bid, including, without limitation, responses to
questions and request for clarification(s) from bidders, will be made only by
2.26 AMERICAN WITH DISABILITIES ACT. To request this material in accessible Addendum duly issued by the City. In the event of conflict with the original
format, sign language interpreters, information on access for persons with specifications,the Addendum shall supersede such specifications,to the extent
disabilities,and/or any accommodation to review any document or participate in any specified. Subsequent Addendum shall govern over prior Addendum only to the
city-sponsored proceeding,please contact 305-604-2489(voice),305-673-7524(fax) extent specified.The bidder shall be required to acknowledge receipt of any and
or 305-673-7218(TTY)five days in advance to initiate your request.TTY users may all Addendum,and filling in and signing in the spaces provided in section 5.0,
also call 711(Florida Relay Service). Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a
bid non-responsive.
2.27 LIABILITY,INSURANCE,LICENSES AND PERMITS.Where bidders are required
to enter or go on to City of Miami Beach property to deliver materials or perform work
or services as a result of the Bid,the bidder will assume the full duty,obligation and
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ITB 2014-057-MF—Bulk Concrete Mix Section 2-General Conditions
The City will not be responsible for explanations, interpretations, or answers to
questions made verbally or in writing by any City representative,unless issued by the 2.42 ELIMINATION FROM CONSIDERATION.This bid shall not be awarded to any
City via formal written Addendum to this Bid. 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.
Any questions or clarifications concerning the Bid shall be submitted in writing to the
Department of Procurement Management (DPM) 1700 Convention Center Drive, 2.43 ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if
Miami Beach,FL 33139 with a copy to the City Clerk 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
2.36 DEMONSTRATION OF COMPETENCY. obligated to place any order for a given amount subsequent to the award of this
A.Pre-award inspection of the bidder's facility may be made prior to the award of Bid. Estimates are based upon the City's actual needs and/or usage during a
contract. previous contract period. The City may use said estimates for purposes of
B. Bids will only be considered from firms which are regularly engaged in the determining whether the low bidder meets specifications.
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 2.44 COLLUSION.Where two(2)or more related parties each submit a bid or bids
reasonable period of time, and have sufficient financial capacity, equipment, and for any contract, such bids or bids shall be presumed to be collusive. The
organization to ensure that they can satisfactorily perform the services if awarded a foregoing presumption may be rebutted by presentation of evidence as to the
contract under the terms and conditions of this Bid. extent of ownership, control and management of such related parties in the
D.The terms"equipment and organization", as used herein shall,be construed to preparation and submittal of such bid or bids."Related parties"means bidders or
mean a fully equipped and well established company in line with the best business the principals thereof which have a direct or indirect ownership interest in
practices in the industry,and as determined by the City of Miami Beach. another bidder for the same contract, or in which a parent company or the
E.The City may consider any evidence available regarding the financial,technical, principals thereof of one(1)bidder have a direct or indirect ownership interest in
and other qualifications and abilities of a bidder, including past performance another bidder for the same contract.Bid or bids found to be collusive shall be
(experience),in making an award that is in the best interest of the City. rejected.
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 Bidders who have been found to have engaged in collusion may also be
of supply. In these instances,the City may also require material information from the suspended or debarred,and any contract resulting from collusive bidding may
source of supply regarding the quality,packaging,and characteristics of the products be terminated for cause.
to be supply to the City. Any material conflicts between information provided by the
source of supply and the information contained in the bidder's bid may render the bid 2.45 DISPUTES.In the event of a conflict between the Bid documents,the order of
non-responsive. priority of the documents shall be as follows:
G. The City may, during the period that the contract between the City and the A. Any contract or agreement resulting from the award of this Bid;then
successful bidder is in force,review the successful bidder's record of performance to B. Addendum issued for this Bid, with the latest Addendum taking
ensure that the bidder is continuing to provide sufficient financial support,equipment, precedence;then
and organization as prescribed in this bid. Irrespective of the bidder's performance C. The Bid;then
on contracts awarded to it by the City, the City may place said contracts on D. The bidder's bid in response to the Bid.
probationary status and implement termination procedures if the City determines that
the successful bidder no longer possesses the financial support, equipment, and 2.46 REASONABLE ACCOMMODATION. In accordance with Title II of the
organization which would have been necessary during the bid evaluation period in Americans with Disabilities Act,any person requiring an accommodation at the
order to comply with the demonstration of competency required under this Bid opening because of a disability must contact the Procurement Division.
subsection.
2.47 GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of
2.37 DETERMINATION OF AWARD. In determining the lowest and best bidder, in monetary value to any official,employee,contractor,or agent of the City,for the
addition to price,there shall be considered the following: purpose of influencing consideration of this Bid.
• The ability,capacity and skill of the bidder to perform the contract.
• Whether the bidder can perform the contract within the time specified,without 2.48 SIGNED BID CONSIDERED AN OFFER.The signed bid shall be considered an
delay or interference. offer on the part of the bidder, which offer shall be deemed accepted upon
• The character,integrity,reputation,judgment,experience and efficiency of the award of the bid by the City Commission.In case of default on the part of the
bidder. successful bidder, after such acceptance, the City may procure the items or
• The quality of performance of previous contracts. services from other sources and hold the bidder responsible for any excess cost
• The previous and existing compliance by the bidder with Applicable Laws occasioned or incurred thereby.
relating to the contract.
2.49 TIE BIDS. In accordance with Florida Statues Section 287.087, regarding
2.38 ASSIGNMENT.The successful bidder shall not assign,transfer,convey,sublet or identical be bids, preference will be given to bidders certifying that they have
otherwise dispose of the contract, including any or all of its right, title or interest implemented a drug free work place program. A certification form will be
therein,or his/her or its power to execute such contract,to any person,company or required. In the event of a continued be between two or more bidders after
corporation,without the prior written consent of the City. 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
2.39 LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all be resolved. In the event of a continued tie after the Local and Veteran
licenses,permits,and inspection fees required under the contract;and shall comply Preference ordinances have been applied or the be exists between bidders that
with all Applicable Laws. 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
2.40 OPTIONAL CONTRACT USAGE.When the successful bidder(s)is in agreement, Commission.
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- 2.50 DELIVERY TIME. Bidders shall specify in the attached Bid Form, the
profit agency. guaranteed delivery time(in calendar days)for each item. It must be a firm
delivery time;no ranges(For example,12-14 days)will be accepted.
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 City reserves 2.51 TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a
the right to purchase the items from state or other governmental contract,or on an timely manner, or otherwise violate, any of the covenants, agreements, or
as-needed basis through the City's spot market purchase provisions. stipulations material to the Bid and/or the contract entered into with the City
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ITB 2014-057-MF—Bulk Concrete Mix I Section 2-General Conditions
pursuant thereto,the City shall thereupon have the right to terminate the work and/or public agency in order to perform the services;(b)provide the public with access
services then remaining to be performed by giving written notice to the bidder of such to public records on the same terms and conditions that the public agency would
termination,which shall become effective upon receipt by the bidder of the written provide the records and at a cost that does not exceed the cost provided in this
termination notice. chapter or as otherwise provided by law;(c)Ensure that public records that are
In that event,the City shall compensate the successful bidder in accordance with the exempt or confidential and exempt from public records disclosure requirements
term of the contract for all work and/or services satisfactorily performed by the bidder are not disclosed except as authorized by law; (d) Meet all requirements for
prior to termination,net of any costs incurred by the City as a consequence of the retaining public records and transfer,at no cost,to the public agency all public
default. records in possession of the contractor upon termination of the contract and
Notwithstanding the above,the successful bidder shall not be relieved of liability to destroy any duplicate public records that are exempt or confidential and exempt
the City for damages sustained by the City by virtue of any breach of the contract by from public records disclosure requirements. All records stored electronically
the bidder,and the City may reasonably withhold payments to the successful bidder must be provided to the public agency in a format that is compatible with the
for the purposes of set off until such time as the exact amount of damages due the information technology systems of the public agency.
City from the successful bidder is determined.
The City may,at its discretion,provide reasonable"cure period"for any contractual 2.56 CONTRACT EXTENSION.The City reserves the right to require the Contractor
violation prior to termination of the contract;should the successful bidder fail to take to extend contract past the stated termination date for a period of up to 120 days
the corrective action specified in the City's notice of default within the allotted cure in the event that a subsequent contract has not yet been awarded.Additional
period,then the City may proceed to terminate the contract for cause in accordance extensions past the 120 days may occur as needed by the City and as mutually
with this subsection. agreed upon by the City and the contractor.
2.52 TERMINATION FOR CONVENIENCE OF CITY.The City may,for its convenience,
terminate the work and/or services then remaining to be performed,at any time,by
giving written notice to the successful bidder of such termination,which shall become
effective thirty(30)days following receipt by bidder of such notice. In that event,all
finished or unfinished documents and other materials shall be properly delivered to
the City. If the contract is terminated by the City as provided in this subsection,the
City shall compensate the successful bidder in accordance with the terms of the
contract for all and without cause and/or any resulting liability to the City,work and/or
services actually performed by the successful bidder,and shall also compensate the
bidder for its reasonable direct costs in assembling and delivering to City all
documents. No compensation shall be due to the successful bidder for any profits
that the successful bidder expected to earn on the balanced of the contract Such
payments shall be the total extent of the City's liability to the successful bidder upon
a termination as provided for in this subsection.
2.53 INDEMNIFICATION.The successful Bidder shall indemnify and hold harmless the
City and its officers, employees, agents and instrumentalities from any and all
liability,losses or damages,including attorney's fees and costs of defense,which the
City or its officers,employees,agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature
arising out of,relating to or resulting from the performance of the agreement by the
successful Bidder or its employees, agents, servants, partners, principals or
subcontractors. The successful Bidder shall pay all claims and losses in connection
therewith,and shall investigate and defend all claims,suits or actions of any kind or
nature in the name of the City,where applicable, including appellate proceedings,
and shall pay all costs, judgments, and attorney's fees which may be incurred : ::1WENTIONALLYIEFT:KANE�: : : : : : :
thereon. The successful Bidder expressly understands and agrees that any
insurance protection required by this Agreement or otherwise provided by the
successful Bidder shall in no way limit the responsibility to indemnify,keep and save
harmless and defend the City or its officers,employees,agents and instrumentalities
as herein provided.The above indemnification provisions shall survive the expiration
or termination of this Agreement.
2.54 EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the
specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the
requirements in this Bid, may be deemed non-responsive and receive no further
consideration. Should your proposed bid not be able to meet one(1)or more of the
requirements set forth in this Bid and you are proposing alternatives and/or
exceptions to said requirements,you must notify the Procurement Office,in writing,
at least five(5)days prior to the deadline for submission of bids. The City reserves
the right to revise the scope of services via Addendum prior to the deadline for
receipt of bids.
2.55 FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid
including, without limitation, any and all information and documentation submitted
therewith, are exempt from public records requirements under Section 119.07(1),
Florida Statutes,and s.24(a),Art. 1 of the State Constitution until such time as the
City provides notice of an intended decision or until thirty(30)days after opening of
the bids,whichever is earlier.Additionally,Contractor agrees to be in full compliance
with Florida Statute 119.0701 including,but not limited to,agreement to(a) Keep
and maintain public records that ordinarily and necessarily would be required by the
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NA!AAA:.'BEACH
ITB 2014-057-MF—Bulk Concrete Mix Section 3—Special Conditions
SECTION 3.0
SPECIAL CONDITIONS
3.1 PURPOSE:The purpose of this ITB is to establish a contract, by means of sealed bids,with a qualified firm(s)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 as needed basis in accordance with the prescribed specifications and requirements. Interested vendors
are invited to submit bids in response to this ITB.
3.2 BIDDER QUESTIONS: Any questions or clarifications concerning this solicitation shall be submitted to the
Department of Procurement Management(DPM) in writing to the attention of the Procurement Contact named in Section
1, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: Rafael Granado anmiamibeachfl.gov ; or facsimile:
786-394-4003. The Bid title/number shall be referenced on all correspondence. All questions or requests for
clarification must be received no later than seven (7) 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.
3.3 PRE-BID MEETING: N/A
3.4 VENDOR PREFERENCES:
3.4.1 MIAMI BEACH BASED VENDORS. In accordance with Section 2-372 of the Miami Beach City Code, a
Miami Beach-based vendor, whose bid amount is within five percent (5%) of the lowest, responsive,
responsible bidder,will be provided an opportunity to furnish the bid items at the amount bid by the lowest,
responsive, responsible bidder.
3.4.2 VETERAN BUSINESS ENTERPRISES. In accordance with Section 2-374 of the Miami Beach City Code,
a Veteran Business Enterprise vendor, whose bid amount is within five percent (5%) of the lowest,
responsive, responsible bidder,will be provided an opportunity to furnish the bid items at the amount bid by
the lowest, responsive, responsible bidder.
3.5 METHOD OF AWARD:
3.5.1 Staff Review/Recommendation. Following the review of bids and application of vendor preferences, the
lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be
recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best
interest of the City, to the City Manager for his consideration. The City reserves the right to consider award to
secondary and tertiary vendors.
3.5.2 City Manager's Review. After considering the staff recommendation for award, the City Manager shall
exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager
deems to be in the best interest of the City.
3.5.3 City Commission Authority.The City Commission shall consider the City Manager's recommendation(s)
and, may approve or,reject the City Manager's recommendation(s).
3.5.4 Best Vendor. In addition to price and other requirements,the City shall consider the following in making
an award determination:
(1)The ability,capacity and skill of the bidder to perform the contract.
(2)Whether the bidder can perform the contract within the time specified,without delay or interference.
(3)The character, integrity, reputation,judgment,experience and efficiency of the bidder.
(4)The quality of performance of previous contracts.
(5)The previous and existing compliance by the bidder with laws and ordinances relating to the contract.
3.6 TERM OF CONTRACT: This contract will commence on the first calendar day of the month succeeding approval by
the City Commission of the contract, unless otherwise stipulated in the Notice of Award letter, and contingent upon the
completion and submittal of all required bid documents. This contract 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
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ITB 2014-057-MF—Bulk Concrete Mix Section 3—Special Conditions
appropriated on an annual basis and upon completion of the expressed and/or implied warranty period. The price
offered by the Bidder in its Bid Proposal shall be fixed for the original two(2)year term of agreement.
3.7 OPTION TO RENEW: 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 basis. Prior to completion of each exercised contract term, the
City may consider an adjustment to price based on changes in the applicable CPI-U index.
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 90 days prior to
expiration of the then current contract term. The vendor adjustment request should not be in excess of the relevant
pricing index change. If no adjustment request is received from the vendor, the City will assume that the vendor has
agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the
commencement of a new option period may not be considered.
The City reserves the right to negotiate lower pricing for the additional term(s) based on market research information or
other factors that influence price. The City reserves the right to apply any reduction in pricing for the additional term(s)
based on the downward movement of the applicable index.
The City reserves the right to reject any price adjustments submitted by the vendor and/or to not exercise any otherwise
available option period based on such price adjustments. Continuation of the contract beyond the initial period, and any
option subsequently exercised, is a City prerogative, and not a right of the vendor. This prerogative will be exercised
only when such continuation is clearly in the best interest of the City.
Should the vendor decline the City's right to exercise the option period,the City may consider the vendor in default which
decision may effect that vendor's eligibility for future contracts.
NOTE: IF MULTIPLE VENDORS ARE INVOLVED UNDER THE GIVEN CONTRACT, ANY
OPTIONS TO RENEW WILL BE RESTRICTED TO THE SPECIFIC ITEMS OF WORK
INITIALLY AWARDED TO ANY SPECIFIC VENDOR.
3.8 PRICES: See General Condition 2.3.
3.9 EXAMINATION OF CITY FACILITY AND INSPECTION OF CITY EQUIPMENT: See General Conditions 2.33 and
2.36.
3.10 EQUAL PRODUCT: Omitted intentionally.
3.11 LIQUIDATED DAMAGES: Failure to deliver within the specified time may result in the successful bidder being
assessed the additional cost incurred by the City(liquidated damages)for any and all costs associated with the service
performed by a secondary vendor.
3.12 INDEMNIFICATION AND INSURANCE: The vendor shall furnish to the Department of Procurement, City of Miami
Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s)of Insurance which indicate
that insurance coverage has been obtained which meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the vendor as required by Florida
Statute 440.
B. Commercial General Liability Insurance on a comprehensive basis, to include Contractual
Liability, and Products/Completed Operations, in an amount not less than $300,000 combined
single limit per occurrence for bodily injury and property damage. City of Miami Beach must
be included as an additional insured with respect to this coverage.
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ITB 2014-057-MF—Bulk Concrete JMixxSection 3—Special Conditions
C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with the work, in an amount not less than $300,000 combined single limit per
occurrence for bodily injury and property damage.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The company must be rated no less than "B"as to management, and no less than "Class
W as to financial strength, by the latest edition of Best's Insurance Guide, published by
A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the
City Risk Management Division.
. or
The company must hold a valid Florida Certificate of Authority as shown in the latest"List
of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by
the State of Florida Department of Insurance and are members of the Florida Guaranty
Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty(30) days in advance notice
to the certificate holder. The Certificate must also include the Contract Number/Title in the Description of Operations
box.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
3rd FLOOR
MIAMI BEACH,FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section
or under any other section of this agreement.
3.13 BID GUARANTY: Omitted intentionally.
3.14 PERFORMANCE BOND: Omitted intentionally.
3.15 CERTIFICATIONS: Omitted intentionally.
3.16 METHOD OF PAYMENT: The vendor shall submit an invoice to the City user department(s) that requested the
service through a purchase order. The date of the invoices shall not exceed thirty (30) calendar days from the date
service was provided. Under no circumstances shall the invoice be submitted to the City in advance of the services
being provided. In addition the invoice shall reference (or include a copy of) the corresponding documentation (pick-up
ticket number) that was signed by an authorized representative of the City user department at the time the service was
provided. Failure to submit invoices in the prescribed manner will delay payment.
3.17 SHIPPING TERMS: Bidder shall provide a price for ready mix concrete FOB Plant(Option 1), and another for ready
mix concrete delivered to the City of Miami Beach (Option 11). Bidders shall hold title to the goods until such time as they
are delivered to,and accepted by,an authorized City representative.
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ITB 2014-057-MF—Bulk Concrete Mix J Section 3—Special Conditions
3.18 DELIVERY REQUIREMENTS: The vendor shall have concrete plant-mix products available for pick-up, or
delivered, within 2 calendar days after the date the order is scheduled by Public Works authorized personnel. All
deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be
adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or
other causes beyond the control of the vendor. In these cases, the vendor shall notify the City of the delays in advance
of the original delivery date so that a revised delivery schedule can be appropriately considered by the City.
Should the vendor(s) to whom the contract(s) is awarded fail to deliver in the number of days stated above, the City
reserves the right to cancel the contract on a default basis after any back order period that has been specified in this
contract has lapsed. If the contract is so terminated, it is hereby understood and agreed that the City has the authority to
purchase the goods elsewhere and to charge the incumbent vendor with any re-procurement costs. If the vendor fails to
honor these re-procurement costs,the City may terminate the contract for default.
Certain City employees may be authorized in writing to pick-up materials under this contract. Vendors shall require
presentation of this written authorization. The vendor shall maintain a copy of the authorization. If the vendor is in doubt
about any aspect of material pick-up, vendor shall contact the appropriate user department to confirm the authorization.
3.19 BACK ORDER ALLOWANCES: The City shall not allow any late deliveries attributed to product back order
situations under this contract. Accordingly,the vendor is required to deliver all items to the City within the time specified
in this solicitation and resultant contract; and no grace period on account of back order situations shall be honored,
unless written authorization is issued by the user department, and a new delivery date is mutually established. In the
event that the vendor fails to deliver the products within the time specified, the City reserves the right to cancel the order,
seek the items from another vendor, and charge the incumbent vendor for any re-procurement costs. If the vendor fails
to honor.these re-procurement costs,the City may terminate the contract for default.
3.20 WARRANTY/GUARANTEE REQUIREMENTS: It is the responsibility of the Bidder to ensure that the designed mix
meets latest FDOT Type I, Type II, Type III and IV concrete mix specifications and 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).
A. Type of Warranty Coverage Required
In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its product and/or service
against faulty labor and/or defective material upon delivery of material to the City. This warranty requirement shall
remain in force for the full period identified above; regardless of whether the bidder is under contract with the City at the
time of defect. Any payment by the City on behalf of the goods or services received from the bidder does not constitute
a waiver of these warranty provisions.
B. Correcting Defects Covered Under Warranty
The bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, upon delivery, and after the
City notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and/or fails to correct or
replace the defective work or items within the period specified, the City may, at its discretion, notify the bidder, in writing,
that the bidder may be debarred as a City bidder and/or subject to contractual default if the corrections or replacements
are not completed to the satisfaction of the City within 2 calendar days of receipt of the notice. If the bidder fails to
satisfy the warranty within the period specified in the notice, the City may (a) place the bidder in default of its contract,
and/or(b) procure the products or services from another vendor and charge the bidder for any additional costs that are
incurred by the City for this work or items; either through a credit memorandum or through invoicing.
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ITB 2014-057-MF—Bulk Concrete Mix Section 3—Special Conditions
3.21 PURCHASE OF ITEMS NOT LISTED WITHIN THIS BID: While the City has listed all major items within this
solicitation which are utilized by City departments in conjunction with their operations, there may be similar items that
must be purchased by the City during the term of this contract. Under these circumstances, a City representative may
contact multiple vendors irrespective of order of award (primary, secondary, tertiary, etc.) on the contract to obtain price
quotes from these vendors. The City reserves the right to award these similar items to the primary contract vendor,
another contract vendor based on the lowest price quoted,or to acquire the items through a separate solicitation.
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ITB 2014-057-MF—Bulk Concrete Mix Section 4—Technical
Specifications
SECTION 4.0
TECHNICAL SPECIFICATIONS
4.1 MINIMUM REQUIREMENTS. The following minimum requirements will be considered in the review of each bidder's
response. Failure to meet or exceed minimum requirements will disqualify bidder from consideration.
4.1.1 Bidder must have been in business for a minimum of three(3)years.
4.1.2 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.
4.2 SPECIFICATIONS
a)The City of Miami Beach, Public Works Department requires 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.
b)The City of Miami Beach Public Works estimate pick-ups of concrete to be 3-4 times per week from awarded bidder's site.
c) 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.
d) Plant operational hours are to include all regular week days Monday-Friday and Saturdays(partial Saturdays acceptable).
e) Bidder's plant must regularly stock the coloring additive "Miami Beach Red", preferably in liquid form, 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.
f) It is the responsibility of the Bidder to ensure that the designed mix meets latest FDOT Type I, Type ll, Type III and IV
concrete mix specifications and 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).
g) Refer to proposal form for a list of materials required.
h)All concrete to be furnished must meet the South Florida Building Code requirements.
i) Partially hardened or re-tempered concrete shall not be acceptable.
4.3 PROPOSAL FORM
The bid consists of two options:
• Option I requests pricing FOB Plant(concrete mix for pick-up by the City using its own trucks).
• Option II request pricing of the concrete mix delivered by the vendor within City of Miami Beach limits.
Bidders are required to provide pricing for regular concrete mix with and without Miami Beach Red color additive for both
options. Bidders are not required to submit pricing on both options,or on all line items, in order to be considered for award.
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ITB 2014-057-MF—Bulk Concrete Mi±Section 5—Bid Price Form
gtwSSP.9 Ts��
SECTION 5.0
DID PRICE FORM
o . e , • W- it -. e ,-.. • -• e
0 o e • • eoe •- a •o a •- • -•
Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance
with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein,
and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes,
insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the
City Manager in advance. The 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.
Iteii- • e .
OPTION I: FOB PLANT—TO BE PICKED UP BY CITY
1 3000 PSI regular 2 Cu.Yd. $ 79.00 $ 158.00
2 3500 PSI regular 70 Cu.Yd. $ 81.00 $ 5670.00
3 4000 PSI regular 1 Cu.Yd. $ 83.00 $ 83.00
4 3000 PSI regular with Miami Beach Red 1 Cu.Yd. $ 157.00 $ 157.00 j
5 3500 PSI regular with Miami Beach Red 150 Cu.Yd. $ 166.00 $ 24900.00 I
6 4000 PSI regular with Miami Beach Red 1 Cu.Yd. $ 185.00 $ 185.00
OPTION II:FOB DELIVERED MIAMI BEACH
7 3000 PSI regular 1 Cu.Yd. $ 85.00 $ 85.00 I
8 3500 PSI regular 2 Cu.Yd. $ 87.00 $ 174.00
9 4000 PSI regular 1 Cu.Yd. $ 89.00 $89.00
10 3000 PSI regular with Miami Beach Red 4 Cu.Yd. $ 163.00 $ 652.00
11 3500 PSI regular with Miami Beach Red 1 Cu.Yd. $ 174.00 $ 174.00
12 4000 PSI regular with Miami Beach Red 1 Cu,Yd. $ 191.00 $ 191.00
e $ 32,518.00
Does your company stock the Miami Beach Red in Liquid Yes or No Manufacturer
form? Yes LM Scofield
i
Company: Central Concrete Supermix
Authorized Representative: Roy F MaCRobert
i
Address:
4300 SW 74 Avenue, Miami, FL 33155
Telephone: 305.262.3250
Email: Rmacrobert p rmix.c
Authorized Representativ' signa
I
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ITB 2014-057-MF—Bulk Concrete Mix Section 6—Bid Certification&
Affidavits
SECTION 6.0
BID CERTIFICATION &AFFIDAVITS
• e • m • o • e, a -• o •-,e
e -o e - • e • • •
0.0h_
• • a • •e• • e e-em-e o
a e • •- e -•
6.1,General Proposer Information.
FIRM NAME: Central Concrete Superix
Q OF YEARS IN BUSINESS: 4 OF YEARS IN BUSINESS LOCALLY: J80OF EMPLOYEES:
OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: ��uu �
Fffffly KRenu HEADQUARTERS):
W W /4 H
OW
,STATE:
iRNT'SN-0
TOLL FREE NO.:
NT67.0698
FIRM LOCAL ADDRESS:
C ITY:
STATE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Roy F MacRobert
ACCOUNT REP TELEPHONE NO.: 305.262.3250
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL Rmacrobert @supermix.com
FEDERAL TAX IDENTIFICATION NO.:650121191
The City reserves the right to seek additional information from bidder I proposer or other source(s), including but not limited to:any
firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any
Information the City deems necessary to evaluate the capacity of the bidder/proposer to perform in accordance with contract
requirements.
MAMIBEACH
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ITB 2014-057-MF—Bulk Concrete Mix Section 6—Bid Certification&
Affidavits
6.2. Acknowledgement of Addendum. After issuance of solicitation, the City may have released one or more
addenda to the solicitation, which may provide additional information to proposers or alter solicitation
requirements. Proposers are solely responsible for assuring they have received any and all addenda issued
pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all
addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all
addenda may result in proposal disqualification.
Initial to Initial to Initial to
Confirm Confirm Confirm
Receipt Receipt Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required,submit under separate cover.
6.3. Miami Beach Based(Local)Vendor.Is prop oser a Miami Beach based firm?
YES I X I NO
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax
Receipt issued by the City of Miami Beach AND proof of business residency with the City for at least one year
prior to bid submittal,as required pursuant to ordinance 2011-3747.
6.4. Veteran Owned Business.Is proposer a veteran owned business?
YES 0 NO
i
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a
documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned
business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-
3748.
6.5. Financial Capacity.Proposers shall request Dun&Bradstreet to submit directly to the City through electronic
means by the proposal due date,or within three(3)days of notification, a Dun&Bradstreet Supplier Evaluation
Report on line directly from Dun&Bradstreet. The prospective Provider shall request the report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servIeUSupplierPortal?storeld=11696
The City reserves the right to require other financial information (e.g., audited financial statements, bonding
capacity, credit history, etc.), as part of the solicitation submittal requirements or during the evaluation process,
as necessary to evaluate financial capacity.
i
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ITB 2014-057-MF—Bulk Concrete Mix Section 6—Bid Certification&
Affidavits
6.6. References & Past Performance.Proposer shall submit at least three (3) references for whom the proposer
has completed work similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT:Proposer shall submit a minimum of three(3) references, including the following
information; 1) Firm Name, 2) Contact Individual Name &Title, 3)Address, 4) Telephone, 5) Contact's Email
and 6) Narrative on Scope of Services Provided. Proposer may attach additional references and ask that
additional references submit client surveys as applicable.
6.7. Public Entity Crimes. In accordance with Florida Statutes, any bidder or bidder's principals, including officers,
directors, executives, partners, shareholders, employees, members, agent or as otherwise defined in Florida
Statute 287.133, including joint venture partners,who have been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods
or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of
real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Florida Statute 287.017 for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list. Has proposer ever been debarred,
suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector
agency?
YES NO
SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the
reasons that led to the violation(s)or contract cancel Iation(s).
6.8. Vendor Campaign Contributions.Proposers are expected to be or become familiar with,the City's Campaign
Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied '
with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their
Proposals,in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants)
with a controlling financial interest as defined in ITB. For each individual or entity with a controlling financial
interest indicate whether or not each individual or entity has contributed to the campaign either directly or
indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami
Beach.
6.9. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Department
of Procurement Management (DPM) with its bid/response or within five(5) days upon receipt of request. The
Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and
regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami
Beach and Miami Dade County.
SUBMITTAL REQUIREMENT:Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code i
of Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance,
the City of Miami Beach Code of Ethics, available at www.miamibeachfi.gov/procurement/.
tt iIAIAAII l BEACH
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ITB 2014-057-MF—Bulk Concrete Mix Section 6—Bid Certification&
Affidavits
6.10. Living Wage.PwFswant tn- _29-ofinN 2-4 Q-2-ef thA-AA-Ami BeaGh Gity do, as same way be amend-A-d-from tirne te
on whn nr vide neNinen n,rr „ant fe this Agreement the
time, Q��.7 QrTCO-ll'fTJ'7�g v,,,v,,., the
v
G with Gi� fiGGal year 2012 13 beF_ L1 tho__heurly living rate will ho
, 2 , riL vrnrr�o•
$411.2 hr+e A health benefits, Q��� Gbenefits.The living wage rate nnrl health a-are bemp.4i4n rife rn, by Deonl„tie n he inr�everJ
annually fop inflation using the Qo—wine, 1-li-8 !Hd@X fGF -All I-IF-h-RA G_G_R86IM@FG(GPI U) LawdeFda[e,
I��arcr�—vurc—pernsrn�--rcrcc ,
i
' ng the nre
(A). The Gity may also, by Feselutk)n, e!eGt net to index the living wage
pal4iGUlaF year, if it detepminesit wewld not be fir.Gally sound te Implement same(in a paFtiGular yea+
' , under Whirh
the gity may, at its sele eptiGH, immediately deem said pFepeser aG RGH Fes-G-G!ve, -@Rd M-av furth-Alp r_.6I*Gt
penalties. and finer., aG nrnVi ed in the Qty'we I ivinn 1AIo
Further infnrmn}inn nn the Living n IAlene ron,iirernenf in +ceileh
SUBMITTAL REQUIREMENT, NE) additional submittal iG FeqUaFed. By ViFtue Gf 8XeGWtiRg 96 affidaVit
Fa le th.
6.11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding
competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time
employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners
Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are
awarded a contract pursuant to competitive bids, to provide"Equal Benefits" to their employees with domestic
partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor
who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in
the United States, but outside of the City of Miami Beach limits, who are directly performing work on the
contract within the City of Miami Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of
employees?
0 YES 0 NO
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)
domestic partners*or to domestic partners of employees?
[� YES ] NO
C. Please check all benefits that apply to your answers above and list in the"other'section any additional benefits
not already specified. Note: some benefits are provided to employees because they have a spouse or domestic
partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such
as medical insurance.
BENEFIT Firm Provides for Employees Firm Provides for Employees Firm does not Provide Benefit
with Spouses with Domestic Partners
Health X
Sick Leave X i
Family Medical Leave X 1
Bereavement Leave X
I
if Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g.,there are
no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for
Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and !
%AIAMI BRACH
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ITB 2014-057-MF—Bulk Concrete Mix Section 6—Bid Certification&
Affidavits
submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your
Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee.
Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits
requirement is available at www.miamibeachfl.gov/procurement/.
SUBMITTAL REQUIREMENT: 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.
6.12. Other Submittal Requirements.
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ITB 2014-057-MF-Bulk Concrete Mix Section 6-Bid Certification&
Affidavits
SUBMITTAL CERTIFICATION
hereby certify that; I, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this ITB, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and
E the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and
conditions contained in the ITB, and any released Addenda and understand that the following are requirements of this
SOLICITATION.and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed,or compared the proposal with other Proposers and has not colluded with any other proposer or party to any
other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all respons s,data and information contained in this proposal,
inclusive of the Pro osal Certification,Questionnaire and Re uire ents Affidavit are true and accurate.
Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Roy F Ma obert Vice President Sales& Marketing
Signature of roposer's o' ed eprese ative: Date:
12/23/2013
e
State of
County of AA I/•*W
This instrument was signed b re me on ��
by
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! J� GRACE MILDRED HODGSON i
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11 EO��XPI March 13,2016 i!
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ITB 2014057-MF—Bulk Concrete Mix No Bid"Form
NO BID SUBMITTAL
WE HAVE ELECTED NOT TO SUBMIT A BID AT THIS TIME FOR REASON(S)CHECKED AND/OR
INDICATED BELOW:
Workload does not allow us to bid
Insufficient time to respond
Specifications unclear or too restrictive
Unable to meet specifications
Unable to meet service requirements
Unable to meet insurance requirements
Do not offer this product/service
OTHER. (Please specify)
We do Zdo not_w-a to b reta' do our mailing list for future bids of this type
product and/or servi
Signature:
Title:
r
Legal Company Narrme:
Note: Failure to respond, either by submitting a bid or this completed form, may result in
your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
PROCUREMENT
ATTN: Marta Fernandez Rubio
BID#2014-057-MF
1700 Convention Center Drive
MIAMI BEACH, FL 33139
4t ,`0I; tOI BEACH
I
ITB 2014-057-MF—Bulk Concrete Mix No Bid"Form
NO BID SUBMITTAL
WE HAVE ELECTED NOT TO SUBMIT A BID AT THIS TIME FOR REASON(S) CHECKED AND/OR
INDICATED BELOW:
Workload does not allow us to bid
Insufficient time to respond
Specifications unclear or too restrictive
Unable to meet specifications
Unable to meet service requirements
Unable to meet insurance requirements
Do not offer this product/service
OTHER. (Please specify)
We do _ do not_want to be retained on your mailing list for future bids of this type
product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a bid or this completed form, may result in
your company being removed from our vendors list
PLEASE RETURN TO:
CITY OF MIAMI BEACH
PROCUREMENT
ATTN: Marta Fernandez Rubio
BID # 2014-057-M F
1700 Convention Center Drive
MIAMI BEACH, FL 33139
y; ` ` E . I