The URL can be used to link to this page

Certification of Contract with Metro Express, Inc. A MIAAAIBEACH cAc l0 1`f ic • CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: Pour-in-Place Playground Surfaces and Bonded Aggregate for Landscaped Areas CONTRACT NO.: 2015-137-AK • 'EFFECTIVE DATE(S): This Contract shall remain in effect for three (3) years from date of Contract execution by the Mayor and City Clerk and may be renewed, at the sole discretion of the City, through its City Manager, for two (2) additional one(1) year terms. SUPERSEDES: N/A CONTRACTOR(S): Metro Express, Inc. (Primary vendor in Group II) ESTIMATED ANNUAL CONTRACT AMOUNT: $2,893,752.00 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on October 14, 2015, for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Contractor. B. EFFECT - This Contract is entered into for provide Pour-in-Place Playground Surfaces and Bonded Aggregate for Landscaped Areas, pursuant to City Invitation to Bid 2015- 137-AK 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 Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2015-137-AK. 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, Maria Estevez, Procurement Assistant Director at 305-673-7000 ext. 6558. 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 consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. 1 ' • Certification of Contract IN WITNESS WHEREOF the City and Contracto have caused this Certification of Contract to be signed and attested on this 2.y day of ,yA-i- , 20 IF; by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI �, By 6 c / Y President) Signature / ayor / 0-e.k7-0 P. rt.-,0 ‘re-3 Print Name Date Date ATTEST: ATTEST: Secretary/Signature • City Clerk 0 . c-re-5 1112-Milo r Print Name Date Date ---•04:010••- •=-)" INCORP ORATED 11114;:u Cr 26 a►.•'- APPROVED AS TO ` FORM &LANGUAGE &FOR EXECUTION �i@.. (1. (t�j City Attorney K Date 5 . COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO ROBERTSON INDUSTRIES,INC.,AS THE PRIMARY VENDOR FOR GROUP I,AND LEADEX CORPORATION,AS SECONDARY VENDOR FOR GROUP I,AND METRO EXPRESS,INC.,AS THE PRIMARY VENDOR FOR GROUP II,AND LEADEX CORPORATION,AS SECONDARY VENDOR FOR GROUP II, PURSUANT TO INVITATION TO BID (ITB) NO. 2015-137-AK, FOR POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPED AREAS. Key Intended Outcome Supported: Installation and replacement services for pour-in-place and bonded aggregate surfacing. Ensure safety and appearance of citywide structures and sites. Supporting Data(Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: Poured-in-Place rubber surfaces for playgrounds offer play surfaces that are durable,water permeable and promote a safe environment. Bonded aggregate surfaces for landscape areas promote an aesthetically pleasing environment that allows the surfaces,typically in pedestrian areas,to adjust to landscape growth while minimizing safety issues. These surfaces are often required by the Greenspace Management Division and/or,the Parks and Recreation Department.With the goal of securing contracts for contractors to install and repair these surfaces, the City issued Invitation to Bid No. 2015-137-AK(the"Bid") The Bid was issued on June 4,2015,with opening date of July 20,2015. Four(4)bids were received from: Bliss Products and Services, Inc., Leadex Corporation, Metro Express, Inc., Robertson Industries, Inc. However, the bid from Bliss Products and Services, Inc., failed to submit(after several attempts by the City)to submit the required Dun&Bradstreet Supplier Qualifier Report,and was,therefore,deemed non- responsive. After review of bids received, the Administration is recommending award to a primary, and secondary vendor by group(in the event that primary is unable to perform)as follows(tabulation attached): Group I—Poured-in-Place Surfaces • Robertson Industries, Inc., as the primary lowest responsive vendor, and • Leadex Corporation, as secondary lowest responsive vendor. Group-II—Bonded Aggregate Surfaces • Metro Express as the primary lowest responsive vendor, and • Leadex Corporation as secondary lowest responsive vendor The successful bidders'contracts shall be executed for a period of three(3)years,and may be renewed at the sole discretion of the City, through its City Manager, for two(2)additional one(1)year terms. The City Manager has considered staffs recommendation and the bids received, pursuant to ITB 2015- 137-AK, and recommends that the Mayor, and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Robertson Industries, Inc., as the primary lowest responsive vendor, and Leadex corporation,as secondary lowest responsive vendor, in Group I, and Metro Express, as the primary lowest responsive vendor, and Leadex Corporation, as secondary lowest responsive vendor, in Group II; and further authorize the Mayor and City Clerk to execute the contract(s). RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received,pursuant to ITB 2015-137-AK for Pour-in-Place Playground Surfaces and Bonded Aggregate for Landscaped Areas. Advisory Board Recommendation: N/A AA AMI BEACH AGENDA ITEM CaC 117 DATE Y' J Financial Information: Expenditures incurred by the City are billed to the respective property owner and funding availability is based on billing of these expenses. _ Source of Amount Account Funds: Parks and Recreation Department $50,000.00 379-2811-069357 Parks and Recreation Department $40,000.00 011-0950-000349 Parks and::Recreation Department $10,000.00 011-0950-000342 Greenspace RDA Budget $68,875.00 168-9966-000312 Restorative Tree Well Treatment=2C $85,432.00 307-2970-069357 Restorative Tree:Well Treatment—PH 3 $145,000.00 379-2734-069357 Restorative Tree Well Treatment—PH 3 : _:- $67,000.00 305-2976-000356 Restorative Tree Well Treatment—PH 3 $616,911.00 305-2976-069357 v/ Restorative Tree Well Treatment-PH 3 $473,000.00 389-2734-069357 Restorative Tree Well Treatment—PH 3 $12,000.00 389-2734-061357 Restorative Tree Well Treatment—PH 3 $62,000.00 389-2734-069358 Restorative Tree Well Treatment—PH 4 $627,000.00 305-2736-069357 Restorative Tree Well Treatment—PH 4 $63,000.00 305-2736-069358 Restorative Tree Well Treatment—PH 5 $444,000.00 306-2806-069357 Restorative Tree Well.Treatment—PH 5 $45,000.00 306-2806-069358 Restorative Tree Well Treatment—PH 6 $184,534.00 389-2705-067357 Financial Impact Summary: Funding for future years beyond FY2016 will be contingent on approval of future year budgets.All funds would have been previously approved for the described scope of work. City Clerk's Office Legislative Tracking: Alex Denis, Director Ext#6641 Sign Offs: . A Mk epart, 5 i Di - or Assistant C'At anager Cit Manager Ai's.. JR I RK mingEgiggAmillarliiimill,,. T:\AGEN i*\2015\to.ber\PROC REMENT\ITB-2015-137-AK Po mace and bonded aggrega'- ' mary.doc 1 • 118 2 AAIANA r ITI City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City Co ission FROM: Jimmy L. Morales, City Manager DATE: October 14, 2015 SUBJECT: REQUEST FOR APPROVA TO AWARD CONTRACTS TO ROBERTSON INDUSTRIES, INC., AS THE PRIMARY VENDOR FOR GROUP I, AND LEADEX CORPORATION, AS SECONDARY VENDOR FOR GROUP I, AND METRO EXPRESS, INC., AS THE PRIMARY VENDOR FOR GROUP II, AND LEADEX CORPORATION, AS SECONDARY VENDOR FOR GROUP II , PURSUANT TO INVITATION TO BID (ITB) NO. 2015-137-AK, FOR POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPED AREAS. ADMINISTRATION RECOMMENDATION Approve the award of contracts. KEY INTENDED OUTCOME SUPPORTED Ensure safety and appearance of pour-in-place surfaces and bonded aggregate. FUNDING Description Amount Account Parks and Recreation Department $50,000.00 379-2811-069357 Parks and Recreation Department $40,000.00 011-0950-000349 Parks and Recreation Department $10,000.00 011-0950-000342 Greenspace Management Division RDA $68,875.00 168-9966-000312 Budget Restorative Tree Well Treatment—2C $85,432.00 307-2970-069357 Restorative Tree Well Treatment— PH 3 $145,000.00 379-2734-069357 Restorative Tree Well Treatment— PH 3 $67,000.00 305-2976-000356 Restorative Tree Well Treatment— PH 3 $616,911.00 305-2976-069357 Restorative Tree Well Treatment— PH 3 $473,000.00 389-2734-069357 Restorative Tree Well Treatment— PH 3 $12,000.00 389-2734-061357 Restorative Tree Well Treatment— PH 3 $62,000.00 389-2734-069358 Restorative Tree Well Treatment— PH 4 $627,000.00 305-2736-069357 Restorative Tree Well Treatment— PH 4 $63,000.00 305-2736-069358 Restorative Tree Well Treatment— PH 5 $444,000.00 306-2806-069357 Restorative Tree Well Treatment— PH 5 $45,000.00 306-2806-069358 Restorative Tree Well Treatment— PH 6 $184,534.00 389-2705-067357 119 3 ITB 2015-137-AK Pour-in-Place and Bonded Aggregate Surfaces for Playgrounds and Landscape Areas. In its due diligence, the Procurement Department verified the following: 1. Minimum Requirements: Prospective bidders must be licensed as General Contractor in the State of Florida. 2. Previous Experience: Proposer must provide services to a minimum of three (3) public or private sector in the last five (5) years similar in scope to this ITB. Robertson Industries, Inc., Leadex Corporation, and Metro Express, Inc., met minimum eligibility requirements set for this solicitation. CITY MANAGER'S REVIEW AND RECOMMENDATION Based on the types of the service necessary, and in effort to expedite the pour-in- place, and bonded aggregate services, it is in the City's best interest to award contract to primary and secondary vendor by group. The City Manager has considered the bids received, pursuant to ITB 2015-137-AK, and recommends that the Mayor, and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Robertson Industries, Inc., as the primary lowest responsive vendor, and Leadex Corporation, as secondary lowest responsive vendor, in Group I, and Metro Express, as the primary lowest responsive vendor, and Leadex Corporation, as secondary lowest responsive vendor, in Group II; and further authorize the Mayor and City Clerk to execute the contract(s). RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2015-137-AK for Pour-in-Place Playground Surfaces and Bonded Aggregate for Landscaped Areas. AD! 617 RC/M /JM MAGI DA120151October\PROCUREMENTIITB-2015-137-AK Pour-in-place and bonded aggregate Memo.doc 120 2 ITB 2015-137-AK Pour-in-Place and Bonded Aggregate Surfaces for Playgrounds and Landscape Areas. BACKGROUND Poured-in-Place rubber surfaces for playgrounds offer play surfaces that are durable, water permeable and promote a safe environment. Bonded aggregate surfaces for landscape areas promote an aesthetically pleasing environment that allows the surfaces, typically in pedestrian areas, to adjust to landscape growth while minimizing safety issues. These surfaces are often required by the Greenspace Management Division and/or, the Parks and Recreation Department. With the goal of securing contracts for contractors to install and repair these surfaces, the City issued Invitation to Bid No. 2015-137-AK (the "Bid") The successful bidders' contracts shall be executed for a period of three (3) years, and may be renewed at the sole discretion of the City, through its City Manager, for two (2) additional one (1) year terms. BID PROCESS The Bid was issued on June 4, 2015, with opening date of July 20, 2015. 129 bid notices were issued through the PublicPurchase system, and another 16 through the Procurement Department. 26 vendors downloaded the bid documents from PublicPurchase. Four (4) bids were received from: Bliss Products and Services, Inc., Leadex Corporation, Metro Express, Inc., Robertson Industries, Inc. Proposal from Bliss Products and Services, Inc., failed to submit (after several attempts by the City) to submit the required Dun & Bradstreet Supplier Qualifier Report, and was, therefore, deemed non-responsive. After review of bids received, the Administration is recommending award to a primary, and secondary vendor by group (in the event that primary is unable to perform) as follows (tabulation attached): Group I — Poured-in-Place Surfaces • Robertson Industries, Inc., as the primary lowest responsive vendor, and • Leadex Corporation, as secondary lowest responsive vendor. Group II — Bonded Aggregate Surfaces • Metro Express as the primary lowest responsive vendor, and • Leadex Corporation as secondary lowest responsive vendor The successful bidders' contracts shall be executed for a period of three (3) years, and may be renewed at the sole discretion of the City, through its City Manager, for two (2) additional one (1) year terms. The contracts will offer flexible resources to ensure that the Parks and Recreation Department and Greenspace Management Division fulfill their pour-in-place surfacing and bonded aggregate needs in a timely manner while securing the lowest cost. 121 8 8 8 8 8 8 _ 8 8 8 8 8 0 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 §§§Sg §71§7§3 °^ �� a� : °8$3338 3$3338 Tsory �»m7,� ,5maF , 4 aNOOa WW - -V 0 • y r O..O a' T.,Y: ' Y zr E :E •.: -g -e' • Ze z._. z�_' _ ZZpt n 6.4 .. FQ.W o g Q:n •e a .r-'• C QQ '- ' r V _E C.. w N m °§O?,O g6,Ce m °°§S O 2 G o f J N O . . ' e y m , N°S :a.-t: n N m °N ry N N O r y N ry N U z Fe N ry N ry N 0 j FN C ° .y .. V i N Q 3 m 6 Y ;1. ,�M O.: r L W.d'' _y W d r y Wd r z I:7,-. E •e:.71-.-. E 3'¢°'`' 1 . g 3 1 1 E j ,-'3'a W + W:.- Y J,a, W d O''. O „ .....6..-. O '°• O Z, O O O 1 W W • W 4 2>i � .2 fi 3 3' 9 ,;2:- LL -r N N N t LL N 0.,'@ N LL NN .11. -- N N N N w Y M N N N N N ` < \ 9 -,7 a n Y %^ 8_ 8° "O< 8888 8 n 7 88888 Q. °+ .NS : r „ ,1, < u - v X o .. u -' m u v°e C o o ,! u a o o ° $8•$888 88r 8ad80.$8 E 888888 E.:t. 888888 8 88p 8 8 8 §ss =0 §,58 . °m8R§ °S.§5 8 2 o• . E' -� m'o n E N,.N N .W. w H N eN g N H N w-N .,..a- M, H NH N y v NmN,N w N ::::11-2' N r'E ,:g:- '":.--14.,';',' `' ; 'E "GmY E' 7=m„ `-.E wvm v u 3:: -3, F ,F` y4 Y Y O m."g:-.t- p O W• :,� O 9 W Y 0 p It'_;.a A O 9 K .D s 0 t u L S �2 OC P. O Y N » D Y 'N. O w N,M` O: N O .” O c N °II' .,.r m 282 $§ o uv -�m §�$§$ dv 2m °r§§.§ o-ag dm o°g 8g a.'el e,7,=7,..a r m Q 8g n5 5 d G ,. F-- Nry N,vN 2w,A FY- N,v,, ..N Z 4=:a r°M Nry NrvN Z _:a d F o "N N Z°:.o c .Z.a..n- :o 74 f m O- y ,c1„-t c .1:f:..- e c O C t•,:,::: r • W m O W d'�'' W m c.ysf. .e : u h• •W.a:r. m � aa, o • s g m o 0 g -...::::Er-;',.:., S S " i 2 1, C N N N N °-, V v og ,.",•`N,- :4 _ ° `: N N N v, a N N N m g N io T NQ . vy Q a8p�° B�.� ^ b m sr P 4-, ..Q N,n°°,° 1' ..g N n N D m � 7G -. .-,.,,,T, e !,. . o I,••. r� --,--,.7., 4, V W N N vn h Y; V N NNNn d V N N h N O vs N N N.v NN h 8 • e • 'I II C d s 5 t a a o r a V e■ 0 T.. o I-,. om 8' r ~ 7. = f i a O ` -t0''''.;1.D ' N 81 m in iP, 8 S,1 m y n .may §§,8§ i'. 7 0 88g2m :I 0 888 • T - ,WE i 1 ° M d ° n"N N ° "c.", N . 7.:,',.".-f,,?. $ ,:,,„;:TA-.: V e c N H p. 000 O o S�$ a-N°° C 3° °, t". 52- n o .8 = > �N Z L e m a 4 S ay _ < 8_ O : .2= w = 2 _ V.. - C ry w a . 7 „ p y W J O- J W u 0_C p m r O , ‘2 oa- u a m s.:9 c 0 5 E u < Q 9 Q 9 < 1, 122 888888 S 8 8 8 8 8 8 ';try - _ U w N W V ` N O:._ 9 n, II ' ? 6' a q S are .Q E- 21 211' E: a_ 8 Sz 2 Y, O "O , O N N g c u F:= 2 I e . om §S§S$ v -g C. . m RSRg§ 1 at[,.1.1 N 5 �W'O- .Z. ck. C } E gg. o 2 8.. o ' 8 8 5 A f r^ 8 8 8 8 5 f r E 2 N N N N N -U A N N N,A ° G ` „§ r a O v; � . 888888 'v `.' 8 8g.z 588888 8 l' C 'a�O ui o G O w J �, w N N N i' r r -,...A- v u m C V m Q 3 t .2 Z'' G 8 t. U A ..A 0 :6.1. N .V 2 M E Y 5 u v v W Y U t ea 22 3 E 6c ' : t�t d a s ^e m §?§? 5 c ? m!m §H§§ Y O O g . O —.4 al r: d 2 r= e a 2 i a:: — 8 m W '41::.0 u, 2 c. °• e A :.Q::. o E N a a. n a v O V y9N v. O 54 V a NNNa u er , 1 r. c° } ''3- _E A I 5 g• d W vo e - o d - s p u j u° n 3 W 5 a, O N n I TT It W m Q 2 5 M O r *. N G S s S 0 ` W A C &,,,00_1A m u W y i. °E A r a g o s E o =N_ s W i -'.- fl.m a i , - -_u, a 2 W v W a O C m N `z L a ' :: u Et u O v- L o 7. 5 ° a v O O m L m d u✓ q O A C O j m y u O ' F O u 4 t .w:1 o o to o` m w 2 o f n o a 123 THIS PAGE INTENTIONALLY LEFT BLANK 124 P/ IAMI .City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 .Fax: 786-394-4002 ADDENDUM NO. 1 INVITATION TO BID NO. 2015-137-AK POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPED AREAS June 16, 2015 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following 'particulars only. 1. PRE-BID CONFERENCE: Dial-in Instructions. Dial-in instructions have changed as follows; Dial the Telephone Number: 888-270-9936 Enter Meeting Number: 5804578 and then press the pounds (#) key Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.qov Contact: Telephone: Email: Aneta Kamyczek 305-673-7000 ext. 6455 anetakamyczek(cr�,miamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "No Bid" Form (Appendix B) questionnaire with the reason(s)for not submitting a bid. Sincerely, Alex Denis Procurement Director ITB No. 2015-137-AK 06/16/2015 Addendum#1 Page 1 of 1 e ism= E h d a 1-1 City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT'DEPARTMENT Tel: 305-673-7490. ADDENDUM NO. 2 INVITATION TO BID (ITB) NO. 2015-137-AK POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPED AREAS This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. I. REVISION Appendix E — Cost Proposal Form has been amended and provided as part of this amendment. Proposers are required to submit the amended Appendix E —Cost Proposal Form in order to be deemed responsive. II. RESPONSES TO QUESTIONS RECEIVED: Q1) Please provide specific thickness and fall height on the pour-in-place. Will the City provide a revised Cost Proposal Form to allow for pricing of each system depth (thickness)? Al) The thickness chart can be found in Appendix C, Minimum Requirements and Specification, Group I. Pour-in-Place rubber surface specifications, A. General Specifications, number 14, on page 28. Yes, Appendix E, Proposal Tender Form has been revised by the thickness chart for pour-in-place and bonded aggregate. Please see attached revised Proposal Tender Form. Q2) Does the unit price include the cost of service? A2) No. The contractor is responsible for obtaining all necessary permits. The City will reimburse the contractor for the direct cost of the permits. Late submittals will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. Any questions regarding this Addendum shall be submitted in writing to the Procurement Contact noted below: Contact: Telephone: Email: Aneta Kamyczek 305-673-7000 ext. 6455 aneta.kamyczek @m iamibeachfl.gov Additionally, the City Clerk's is to be copied on all communications via email at: RafaelGranado(amiamibeachfl.gov or via facsimile: 786-394-4188. Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sincerely, Alex Denis ITB 2015-137-AK Addendum No. 2 REVISED APPENDIX E PROPOSAL TENDER FORM AND QUESTIONNAIRE Failure to submit Section 5, Bid Price Form, in its en tirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The 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. GROUP I POUR-IN-PLACE * Prices include all labor, materials, equipment, including tools, shoring and services for new installation in accordance to specifications and manufacturer's instructions. BIDDER TO STATE MAKE/MODEL OF PROPOSAL POUR-IN-PLACE SURFACE MATERIAL: POUR-IN-PLACE SURFACE GROUP 1A 1-4' Critical Fall Height _ _ 1.5"-2" Total Depth Average (A) (B) (C) Project Estimated Total of Total Cost Size Proposed Cost/ Projects within Size Square Foot Threshold (A x B = C) Up to-100SF $ /SF 5,000 $ 101 SF-500SF $ _/SF 2,500 $ 501 SF-1,500SF $ /SF 5,000 $ 1,501 SF-5,000SF $ /SF 2,500 $ 5,000SF or greater $ /SF 5,000 $ = TOTAL GROUP 1A $ 2IPage ITB 2015-137-AK Addendum No. 2 POUR-IN-PLACE SURFACE GROUP 1B - 5' Critical Fall Height. 2"-2.5" Total Depth Average (A) (B) (C) Project Estimated Total of Total Cost Size Proposed Cost/ Projects within Size Square Foot Threshold A x B = C) Up to-100SF $ /SF 5,000 $ 101SF-500SF $ /SF 2,500 $ 501 SF-1,500SF $ /SF 5,000 $ 1,501 SF-5,000SF $ /SF 2,500 $ 5,000SF or greater $ /SF 5,000 $ TOTAL GROUP 1B $ POUR-IN-PLACE SURFACE GROUP 1C - 6' Critical,Fall Height 2.5"to 3" Total Depth Average (A) (B) (C) Project Estimated Total of Total Cost Size Proposed Cost/ Projects within Size Square Foot Threshold (A x B = C) Up to-100SF $ /SF 5,000 $ 101 SF-500SF $ /SF - 2,500 $ 501 SF-1,500SF $ /SF 5,000 $ 1,501 SF-5,000SF $ /SF 2,500 $ 5,000SF or greater $ /SF 5,000 $ -- — --- - - - TOTAL GROUP 1C $- Wage ITB 2015-137-AK Addendum No. 2 POUR-IN-PLACE SURFACE • GROUP 1D 7'to 8' Critical Fall Height 3"to 3.5"Total Depth Average (A) (B) (C) veragt Estimated Total of Total Cost Pro Size Proposed Cost/ Projects within Size Square Foot Threshold (A.x B = C) Up to-100SF $ /SF 5,000 $ 101 SF-500SF $ /SF 2,500 $ 501 SF-1,500SF $ /SF 5,000 $ 1,501 SF-5,000SF $ /SF 2,500 $ 5,000SF or greater $ /SF 5,000 $ TOTAL GROUP ID $ POUR-IN-PLACE SURFACE GROUPIE 9'to 10'-Critical Fall Height 4."-to 4.5"-Total Depth . Average (A) (B) (C) Project Estimated Total of Total Cost Size Proposed Cost/ Projects within Size Square Foot Threshold (A x B = C) Up to-100SF $ /SF 5,000 $ 101 SF-500SF $ 1SF 2,500 $ 501 SF-1,500SF $ /SF 5,000 $ 1,501 SF-5,000SF $ /SF 2,500 $ 5,000SF or greater $ /SF 5,000 $ -- TOTAL:GROUP__1 E 4j Page ITB 2015-137-AK Addendum No. 2 POUR-IN-PLACE SURFACE. GROUP 1F 11'to 12' Critical Fall Height 5.5" Total Depth- Avers e (A) (B) (C) Average -Estimated Total of Total Cost Project Proposed Cost/ Projects within Size Size Square Foot Threshold . (A+ B = C) Up to-100SF $ /SF 5,000 $ 1.01 SF-500SF $ /SF 2,500 $ 501 SF-1,500SF $ /SF 5,000 $ 1,501 SF-5,000SF $ /SF 2,500 $ 5,000SF or greater $ /SF 5,000 $ TOTAL GROUP 1F $ TOTAL GROUP 1 (GROUPS 1A, 1 B, 1C, 1D, 1 E, 1 F)*: $ *Total for Group 1 (Groups 1A, 1B, 1C, 1D, 1E, 1F)shall be the basis for award. GROUP II BONDED AGGREGATE * Prices include all labor, materials, equipment, including tools, shoring and services for new installation in accordance to specifications and manufacturer's instructions. BIDDER TO STATE MAKE/MODEL OF PROPOSAL BONDED AGGREGATE SURFACE MATERIAL: BONDED AGGREGATE GROUP II Bonded aggregate 2" thick Average (A) (B) (C) Project Estimated Total of Total Cost Size Proposed Cost/ Projects within Size Square Foot Threshold (A x B = C Up to-100SF $ /SF 5,000 $ 101 SF-500SF $ /SF 2,500 $ 501 SF-1,500SF $ /SF 5,000 $ 1,501 SF-5,000SF $ /SF 2,500 $ 5,000SF or greater $ /SF 5,000 $ - -=--TOTAL GROUP II $ 5IPage ITB 2015-137-AK Addendum No. 2 GROUP III POUR-IN-PLACE REPAIR SERVICES Group Ill Pour-in-Place Repair Services for patch/repair or new installation- -- - Unit Cost Price per labor hour for repairs, per technical specifications-regular hours Monday through Friday,8:00 $ /hour a.m.to 500 p.m. Price per labor hour for repairs, per technical specifications-overtime hours between 5:00 p.m.to 8:00 a.m. $ /hour weekdays and twenty-four(24) hours on Saturday, Sunday and Legal holidays Percentage markup for materials/supplies. *State Whether the%Listed is a Discount of Mark-up Percentage discount off price list for materials/supplies '*State Whether the%Listed is a Discount of Mark-up Wage ITB 2015-137-AK Addendum No. 2 ins Asti Mk. 4111=1 ..v wars atatiMIS0=1,111003.010 pA 4 k r: City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490. July 14, 2015 ADDENDUM NO. 3 INVITATION TO BID (ITB) NO. 2015-137-AK POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPED AREAS This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. I. REVISION 1. Deadline for the receipt of the proposals is hereby changed to July 22, 2015 3:00pm. 2. Appendix E—Cost Proposal Form has been amended and provided as part of this amendment. Proposers are required to submit the amended Appendix E—Cost Proposal Form in order to be deemed responsive. II. RESPONSES TO QUESTIONS RECEIVED: Q1) Can a line item be added for the compaction testing that is required for the sub base and the rock base on new installation so as not to skew the square foot pricing for the pour-in-place and base? Al Yes, Appendix E, Cost Proposal Form has been amended to add compaction test for sub base for the. pour-in-place services. Proposers are required to submit the amended Appendix E — Cost Proposal Form in order to be deemed responsive. Q2) Can a line item be added for an arborist? A2) Yes, Appendix E, Cost Proposal Form has been amended to add an arborist services. Proposers are required to submit the amended Appendix E—Cost Proposal Form in order to be deemed responsive. Late submittals will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. Any questions regarding this Addendum shall be submitted in writing to the Procurement Contact noted below: Contact: Telephone: Email: Aneta Kamyczek 305-673-7000 ext. 6455 aneta.kamyczek(c�miamibeachfl.gov Additionally, the City Clerk's is to be copied on all communications via email at: RafaelGranado a,miamibeachfl.gov or via facsimile: 786-394-4188. Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sincerely, Alex Denis ITB 2015-137-AK Addendum No. 3 REVISED APPENDIX E PROPOSAL TENDER FORM AND QUESTIONNAIRE Failure to s ubm it Section 5, Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The 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. GROUP I POUR-IN-PLACE * Prices include all labor, materials, equipment, including tools, shoring and services for new installation in accordance to specifications and manufacturer's instructions. BIDDER TO STATE MAKE/MODEL OF PROPOSAL POUR-IN-PLACE SURFACE MATERIAL: POUR-IN-PLACE SURFACE GROUP 1A 1-4' Critical Fall Height 1.5"-2" Total Depth Average (A) (B) (C) Project Estimated Total of Total Cost Size Proposed Cost/ Projects within Size Square Foot Threshold A x B = C Up to-100SF $ /SF 5,000 $ 101SF-500SF $ /SF 2,500 $ 501 SF-1,500SF $ /SF 5,000 $ 1,501 SF-5,000SF $ /SF 2,500 $ 5,000SF or greater $ /SF 5,000 $ TOTAL GROUP 1A $ 2 ' Page ITB 2015-137-AK Addendum No. 3 POUR-IN-PLACE SURFACE GROUPIE 5' Critical Fall Height J 2"-2.5" Total Depth Average (A) (B) (C) Project Estimated Total of Total Cost Size Proposed Cost/ Projects within Size Square Foot Threshold A x B = C Up to-100SF $ /SF 5,000 $ 101 SF-500SF $ /SF 2,500 $ 501 SF-1,500SF $ /SF 5,000 $ 1,501 SF-5,000SF $ /SF 2,500 $ 5,000SF or greater $ /SF 5,000 $ TOTAL GROUP 1B : $ POUR-IN-PLACE SURFACE - GROUP 1C _6' Critical Fall H eight = 2.5"to 3"Total Depth Averrage (A) (B) (C) Pro agt Estimated Total of Total Cost Size Proposed Cost/ Projects within Size Square Foot Threshold (A x B = C) Up to-100SF $____ 5,000 $ 101 SF-500SF $ _ /SF 2,500 $ 501 SF-1,500SF $ /SF 5,000 $ 1,501 SF-5,000SF $_ /SF 2,500 $ 5,000SF or greater $ _/SF 5,000 $ -- TOTAL GROUP 1C : $ 31Page ITB 2015-137-AK Addendum No. 3 POUR-IN-PLACE SURFACE GROUP ID - 7'to 8' Critical Fall Height - , - - 3" to 3.5"Total Depth Averrage (A) '(B) (C) Pro agt Estimated Total of Total Cost Size Proposed Cost/ Projects within Size Square Foot Threshold A x B = C Up to-100SF $ /SF 5;000 $ 1.01 SF-500SF $, /SF 2,500 $ 501 SF-1,500SF $ /SF 5,000 $ 1,501 SF-5,000SF $ /SF 2,500 $ 5,000SF or greater $ /SF 5,000 $ TOTAL GROUP ID $ - POUR-IN-PLACE SURFACE - GROUP 1'E 9'to 10' Critical Fall Height 4"'to 4.5-'Total Depth Average (A) (B) (C) Estimated Total of Total Cost Project Proposed Cost/ Projects within Size Size Square Foot Threshold (A x B = C) Up to-100SF $ /SF 5,000 $ J 101 SF-500SF $ , /SF 2,500 $ • 501 SF-1,500SF $ /SF " 5,000 $ 1,501 SF-5,000SF $ /SF 2,500 $ 5,000SF or greater $ /SF 5,000 $ _ TOTAL GROUP 1 E : $ Wage ITB 2015-137-AK Addendum No. 3 POUR-IN-PLACE SURFACE - GROUP 1F - 11'to 12' Critical Fall Height 5.5" Total Depth Average (A) (B) (C) Estimated Total of Total Cost Project Proposed Cost/ Projects within Size Size Square Foot Threshold A+ B = C Up to-100SF $ /SF 5,000 $ 101 SF-500SF $ /SF 2,500 $ 501 SF-1,500SF $ /SF 5,000 $ 1,501 SF-5,000SF $ /SF 2,500 $ 5,000SF or greater $ /SF 5,000 $ TOTAL GROUPIE: $ TOTAL GROUP 1 (GROUPS 1A, 1B, 1C, 1D, 1 E, 1F)*: $ *Total for Group 1 (Groups 1A, 1B, 1C, 1 D, 1 E, 1 F)shall be the basis for award. GROUP II BONDED AGGREGATE * Prices include all labor, materials, equipment, including tools, shoring and services for new installation in accordance to specifications and manufacturer's instructions. BIDDER TO STATE MAKE/MODEL OF PROPOSAL BONDED AGGREGATE SURFACE MATERIAL: BONDED AGGREGATE GROUP II : .:.---Bonded=aggregate-r-thick _a...,.. .. .._ Average (A) (B) (C) Project Estimated Total of Total Cost Size Proposed Cost/ Projects within Size Square Foot Threshold (A x B = C) Up to-100SF $ /SF 5,000 $ 101 SF-500SF $ /SF 2,500 $ 501 SF-1,500SF $ /SF 5,000 $ 1,501 SF-5,000SF $ /SF 2,500 $ 5,000SF or greater $ /SF 5,000 $ 51 .Page ITB 2015-137-AK Addendum No. 3 TOTAL GROUP II $ GROUP III POUR-IN-PLACE REPAIR SERVICES Group III Pour-in-Place Repair Services for patchlrepair or new installation Unit Cost, Price per labor hour for repairs, per technical specifications-regular hours Monday through Friday, 8:00 $ /hour a.m.to'5:00 p.m. Price per labor hour for repairs, per technical specifications-overtime hours between 5:00 p.m.to 8:00 a.m. $ /hour eekdays and twenty-four(24) hours on Saturday, Sunday and Legal holidays Percentage markup for materials/supplies. *State Whether the%Listed is a Discount of Mark-up Percentage discount off price list for materials/supplies *State Whether the%Listed is a Discount of Mark-up Additional services: Unit Cost Price for sub base compaction test for pour-in-place services. $ /hour Price per labor hour for arborist on as needed basis. $ Wage ITB 2015-137-AK Addendum No. 3 Metro Express Inc. ITB 2015-137-AK POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPING AREAS • Metro Express Inc. ITB 2015-137-AK POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPING AREAS TAB 1 — Cost Proposal Form (Appendix E) TAB 2 — Bid Certification, Questionnaire and Affidavits (Appendix A) TAB 3 — Documentation Indicating compliance with minimum requirements. • • TAB 1 Cost Proposal Form (APPENDIX E ) • REVISED • APPENDIX E PROPOSAL TENDER FORM AND QUESTIONNAIRE ---Failure tos ibmit Section 5,Bid Price Form, in its entirety:and°fully executed-by the deadline established for the receipt of proposals will'result nre in'proposal being deemed nosponsive and rejected. { Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The 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. GROUP I POUR-IN-PLACE * Prices include all labor, materials, equipment, including tools, shoring and services for new installation in accordance to specifications and manufacturer's instructions, BIDDER TO STATE MAKE/MODEL OF PROPOSAL POUR-IN-PLACE SURFACE MATERIAL: 1/x.) • _.:POUR-.IN-PLACE:SURFACE - - - -- 4' Crit cal Fall-Height - Total Depth Average (A) (B) (C) Project Estimated Total of Total Cost Size Proposed Cost/ Projects within Size S•uare Foot Threshold Ax B= C Up to-100SF $ nl/A /SF 5,000 $ /v,A 101 SF-500SF $ Ai/A /SF 2,500 $ ,v i 501SF-1,500SF $ A /SF 5,000 $ n'/11 1,501SF-5,000SF $ A /SF 2,500 $ .v 5,000SF or greater $ N , /SF 5,000 $ .v,A TOTAL GROUP 1A:: $ 4/ • 21Page ITB 2015-137-AK Addendum No. 2 POUR-IN-PLACE SURFACE -- GROUP-1B- 5' Critical Fall Height 2"-2.5" Total Depth Average (A) (B) (C) Average Estimated.Total of Total Cost Size Proposed Cost-/ Projects within Size Square Foot Threshold (A x B=C). Up to-100SF $ n//A /SF 5,000 $ ,'/4 101 SF-500SF $ N/A /SF 2,500 $ 501 SF-1,500SF $ ,,,/4 /SF 5,000 $ 1,501SF-5,000SF $ 3/4 /SF 2,500 $ "/A 5,000SF or greater $ nl A /SF 5,000 - $ ,v/A - - TOTAL GROUP 1B : $ A POUR-IN-PLACE SURFACE GROUP 1C -- - - - - - - - 6'Critical-Fall Height - - - 2.5"to 3" Total Depth Average (A) i(B) (C) Project Estimated Total of Total Cost Size Proposed Cost/ Projects within Size Square'Foot Threshold A x B=C Up to-100SF $ A/ 5,000 .$ 101 SF-500SF $ A /SF 2,500 $ ^' a 501 SF-1,500SF $ A /SF 5,000 $ 1,501SF-5,000SF $ N A /SF 2,500 $ ,t/A 5,000SF or greater $ A 4 /SF 5,000 $ TOTAL GROUP 1C : $ 4✓ A !TB 2015-137-AK Addendum No.2 • POUR-IN-PLACE SURFACE GROUP IF 11'to 12' Critical Fall Height 5.5"Total Depth Average (A) (B) (C) Project Estimated Total of Total Cost Pro Size Proposed Cost/ Projects within Size S•uare Foot Threshold A+ B = C Up to-100SF $ Av/z /SF 5,000 $ N/4 101 SF-500SF $ .yf,/4 /SF 2,500 $ V/ 4 501SF-1,500SF $ " A /SF 5,000 $ AV/4 r 1,501SF-5,000SF $ A /SF 2,500 $ ///0 5,000SF or greater $ A /SF 5,000 $ 1V/4 TOTALGROUPIF : $ n/ '4 TOTAL GROUP 1 (GROUPS 1A, 1B, 1C, 1D, 1E, 1F)*: $ AfA A *Total for Group 1 (Groups 1A, 1B, 1C, 1 D, 1 E, 1 F)shall be the basis for award. GROUP II BONDED AGGREGATE * Prices include all labor, materials, equipment, including tools, shoring and services for new installation in accordance to specifications and manufacturer's instructions. BIDDER TO STATE MAKE/MODEL OF PROPOSAL BONDED AGGREGATE SURFACE MATERIAL: BONDED AGGREGATE GROUP II Bonded aggregate 2"thick Average (A) (B) (C) Project Estimated Total of Total Cost Size Proposed Cost/ Projects within Size Square Foot Threshold A x B=C Up to-100SF $ y.7-ro /SF 5,000 $ 22 7�Si'a . 00 101 SF-500SF $ c',f J'o /SF 2,500 $ i 13 -7 so. 00 501SF-1,500SF $ Yf• so /SF 5,000 $ 22 7 coo .00 1,501 SF-5,000SF $ y s•cro /SF 2,500 $ 113, --75-0.00 5,000SF or greater $ Y s.SO /SF 5,000 $ 2Z7 s o o. oa TOTAL GROUP II : $ "i20, o00.Z)D 5IPage ITB 2015-137-AK Addendum No. 2 • Bidder'_s Affirmation= Company: M t (-0 f 7C Pe-e s s Authorized Representative: De.\:o A. obi; -e j Address: q y \e,1 1 b otT� s'sr T MscQ 14 L 331' Telephone: 30,1--- 8 B s-_ 133 0 Email: d \;o _, '%trcoC Cor . . CO Authorized Representative's Signature: • • TAB 2 BID CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS (APPENDIX A) m A AA 1 BFA APPENDIX "A" ;\ A AAA ; D 1 v V 1 Proposal Certification , Questionnaire & Requirements Affidavit ITB 2015- 137-AK POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPED AREAS PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 al"—=71-B 015-137-AK 16 •./'\ I v'I BF AC 9 i Solicitation No: 2015-137-AK Solicitation Title: Pour-in-Place Playground Surfaces and Bonded Aggregate for Landscaped Areas Procurement Contact:Aneta. Tel:305-673-7000# Email: anetakamyczek(a�miamibeachfl.gov Kamyczek 6455 PROPOSAL CERTIFICATION,QUESTIONNAIRE& REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification-, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers.of certain-solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: M c 4 rrp No of Years in Business: No of Years in Business Locally: No of Employees: ( Y OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: ear-, SD ..✓/A FIRM PRIMARY ADDRESS(HEADQUARTERS): 99(1?, ,/tom /0 g r",ST,-ee1 CITY: STATE: ZIP CODE: 3 31-) TELEPHONE NO.: 30.E-833- 133D TOLL FREE NO.: FAX NO.: oa' SSA - 1221 -FIRM-LOCAL ADDRESS: 41- 9 Li nd vJ o C►T S! CITY: Ae-vcot\4.-tt STATE: ZIP CODE: 331 -18 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: S/' S G0,4 L ACCOUNT REP TELEPHONE NO.: �oS- 83r 1330 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: exf°reS,5 corp .CO n1 FEDERAL TAX IDENTIFICATION NO.: 6S'- 07110-) 0 The City reserves the right to seek additional information from Proposer or other source(s),including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ITB 2015-137-AK • 111 1. Veteran Owned Business. Is Proposer claiming a veteran owned-business status? YES I >C. , NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 2. Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https:l/supplierportal.dnb.com/webapolwcslstoreslservletJSuoplierPortal?storeld=11696 Proposers are-responsible for the accuracy of the-information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun &Bradstreet at 800-424.2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted,the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If 'No" litigation or regulatory action has been'filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory-action filed against proposer, or any proposer team member firm, in the past 5 years. If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 4. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. ITB 2015-137-AK 1 8 /\,/,,;A,M,, rRE1 aTH 5. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer-has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted,the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6)Narrative on Scope of Services Provided. 6. Suspension, Debarment or Contract Cancellation. 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 •,C NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 7. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub- consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the -office of Mayor or City-Commissioner forte-City-of-Miami Beach. 8. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at ww.w.miamibeachfl.govlprocurementl. 9 • .. --- :..._ _� .: _.. _ . _..... -- - --=. • - -•-- ITB 201 5-1 37 AK 9 • F SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 10. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within-the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES X 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 5(1 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 Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health A/C Sick Leave ,i D Family Medical Leave �/ c Bereavement Leave „j o If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 11. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or ITB 2015-137-AK 20 111 411 it,./\!At\A! SEArH reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to 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. ITB 2015-137-AK F . 21 110 isA RE A ru „ , . , _DISCLOSURE—AND-DISCLAIMER=SECTION _ T The.solicitation referenced:herein is being furnished to the recipient by the City of.Miami Beach (the "City")for the recipient's convenience.Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest In its sole discretion, the City may determine the qualifications and acceptability y of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation,the applicant's affiliates, officers, directors,shareholders,partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such.Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement The City and all Proposers will be bound only as, if and when a Proposal(or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time,all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages: The previous sentence, however,. shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, ITB 2015-137-AK 22 trls v iiA\r'y ii L..�rEAC�d it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. PROPOSER CERTIFICATION I hereby certify that I,as an authorized agent of the Proposer,am submitting the following information as my firm's proposal;Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal;Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements • Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: De \to S Pre-)ti Signature of Proposer's Authorized Representative: Date: State of On this (P day of CJ 1t1 ,20 iS personally appeared before metk,;(i ,SoL -'c who County of 1."-UC ' Da Q) stated that (s)he is the Vices:.c e- 4 of ti lCkg -3 ., a corporation, and that the instrument was signed in behalf of the said copora ion by authority of its board • directors and acknowledged said instrument to be its voluntary act and deed. Before m-• No Public f..the State fury C•mmissio Expires: } •111111111/!. �_ �•. 11.SyY P .,.•• �e�,,, ELAYNE PATRICIA REINA HAYEK r Notary Public-State of Florida r My Comm.Expires Jul 7,2018 l,Fo to 1, Commission # FF 102081 :. - !/!l 1111111 ITB 2015-137-AK 23 • • TAB 3 DOCUMENTATION INDICATING COMPLIANCE WITH MINIMUM REQUIREMENTS • • FINANCIAL STATEMENT • • COMBIN FA T E i D INDEPENDENT INAN CI AL AUDITORS ST 'ME��TS P REORT A METRO EXPRESS, INC. and 9442 NW 109 STREET, LLC December 31, 2014 • • CONTENTS Page No. INDEPENDENT AUDITORS' REPORT FINANCIAL. STATEMENTS Combined Balance Sheet 3 Combined Statement of Income and Retained Earnings 4 Combined Statement of Cash Flows 5 Notes to Combined Financial Statements 6 SUPPLEMENTARY INFORMATION Schedule I — Summary of Construction Contracts 12 Schedule ii — Analysis of Completed Contracts 13 Schedule III —Analysis of Contracts in Progress 14 Schedule IV— Combining Balance Sheets 15 Schedule V-- Combining Statements of Income and Retained Earnings 16 Schedule VI — Combining Statement of General and Administrative Expenses - 17 • 111 . .._ . ERNA Al)17 & 4 c() 0 i V711_-:-, P. A 8 .. ,,, t f, Certi fi ed PUbliC ik C 0 1.111 t ant __. I INDEPENDENT AUDITORS REPORT .... To the Stockholder of Metro Express, Inc. and 9/142 NW 109 Street. ...._ Report on the Financial Statements .._ \Ale have audited the accompanyino combined financial statements of Metro Express, 1 no and 94,12 t\l\Ai 109'Street, LIC, which comprise the combined balance sheet as of December 31 20'14, and the related cornbned statements or income and retained earnings and cash flows for the year then ended, and the related notes to tf-ie combined financial st.,tternents. Management's Responsibility for the Financial Management is responsible for the prepara.tion and hr presentation of these combined financial statements in accordance with aCCOUnting principles generally accepted in the United States of America. . this includes the de,,sign, implementation. and maintenance of internal control relevant to the preparation _• and fair presentation of combined financial statements that are.free from imatelai misstatement, whether di.ic- v.) fraud or error. . ... Auditor's Responsibility Our responsibiky is to express an opinion on these conbined financial statements based on our audi: We conducted our audit in accordance with auditino standards generally accepted in the United States of _ America. Those standards itc.--,,quire that we plan and perform the audit to obtain reasonable assurance about .o./hether the combined financial statements are free from material misstatement. _ . An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in , the combined financial statements. -Ine procedures selected depend on in e a r itor's judgment, inoludina the assessment of the risks of material misstatement of the combined financiE:fi stateinents whether due to and or error, In me,,king those risk assessments, the auditor considers internal control relevant to the , ._. entitys preparation and fair presentation of the combined financial statements in orde,r to design audit pf OCedi.lies that are appropriate in the Cii-CUIntitailCeS, but not for the purpose of expressing an opinicm Uri the effectiveness of the entity's internal control. Accordingly, we exryess no such opinion. An audit also includes i,.?valualing the appropriaieness of aounting policies used and the reasonableness of significant -:•:ccoi.rntina estimates made by management. as well as evaluatinQ the overall presentation of the: combine.:d financial statements. . . • We believe that the audit evidence ‘Ne have obtained is sufficient and appropriate to provide a basis tor our audit opinion. so--\v-cst„ FLigicr :•iticc..! . Suilc i -20$ ... ,Vii: n-ii ilonid:i 33 i i Tcl:(305) 21"---86,i() . FAN::(305) 2.2(1-2,1Th • Opinion In our opinion, the combined financial statements referred to above present fairly; in all material respects the financial position of Metro Express, Inc. and 9442 NW 109 Street, LI._C as of De , December 31, 21J 14 and the results of its operations and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Information Our audit was conducted for the purpose of form rio an opinion on the combined financial statements �� !� 1 aS a whole. The supplementary information presented in the accompanying Schedules 1, ii. III, IV, V and VI is presented for purposes of additional analysis and is not a required part of the financial statements. Such information is the responsibility of management and was derived 9 as d,.rr cd from; and relates directly to the underlying accounting and other records used to n to prepare the combined financial statements. information has been subjected to the auditing procedures C �o,Ci?i��1t5. The a i G edures applied in the audit of the„ Co bi,e d financial and certain additional procedures, including compa ring and reconciling such information c!rect!y to the underlying accounting and other records used to prepare the combined financial statements or to the combined financial statements themselves, and other additional procedures ` auditing Standards generally accepted + States r �_ � � I-' `"``�UrLS ii; :::CCOrdariCP. with 1 epted in the United States o! America. in our opinion, the inform.Lion is fairly stated in all material respects in relation to the combined financial statements as a whole. • �. i Miami. Florida January 30, 2015 • • • Metr Express, Inc. and 9442 NW 109 Street, LLC • Combined Balance Sheet December 31, 20141 • • ASSETS CURRENT ASSETS Cash Contracts receivable 2,5q6,991 Cost and estimated earnings in excess of billings on uncompleted contracts Refundable deposit • 118 390 18.363 Total current assets 5,148.748 LAND 1:000.000 PROPERTY AND EQUIPMENT — NET 1,912,060 OTHER ASSETS 117"8 Total assets $.._8x072536 _._ LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES • . Accounts payable and accrued expenses Billings in excess of cost and estimated earnings 1 793;01 on uncompleted contracts Line of credit .005,51 1 Installment Ioans., 1.939,548 current Mortgage payable, current 22.622 .. _ 35,046 Total current liabilities 4,795,788 INSTALLMENT LOANS PAYABLE 41.125 MORTGAGE PAYABLE 1,301.042 Total liabilities 6,137.955 STOCKHOLDER'S EQUITY Common sock — $1.00 par value, 500 shares authorized, issued and outstanding Paid-in capital 500 Retained earnings ;383 337 550.744 Total stockholder's equity _ 1;934.581 Total liabilities and stockholder's equity The ='ccomoanvlrlg notes are_an inLegra! part of this statement Metro-Express, Inc. and 9442 NW 109 Street; LLC Combined Statement of Income and Retained Earnings For the year ended December 31 , 2014 Contracts revenues earned $ 12,049.473 Cost of revenues earned 10.360.701 Contracts gross profit ^ 1,•�'n�V,r i-L General and rie-+ inistr Live. expenses and ad�I1inis IIati a expenses Income from operations 342.308 Other income (expense) Other income 26,578 interest expenses X15.180) (88,602) Net income 253.706 Retained earnings, January 1- 2014 Distributions (373.872) Retained earnings, December 31, 2014 The accompanying notes are an integral part of this statement 4 •' • • Metro Express, Inc. and 9442 NW 109 Street, LLC Combined Statement of Cash Flows For the year ended December 31 , 2014 Cash flows from operating activities Net income S 253.706 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation 419,687 Changes in assets and liabilities • (increase) decrease: Contracts receivable (980,174) Cost and estimated earnings in excess of billings on uncompleted contracts 176,206 Other assets (11.728) Increase (decrease): • Accounts payable and accrued expenses 346,764 Billings in excess of cost and estimated earnings on uncompleted contracts 131.580 Net cash provided ;-�y, �� 4: operating activities 335.041 . Cash flows from investment activities Acquisition of equipment • . y216..540i Net cash used in investing activities Cash flows from financing activities Net borrowing on line of credit 1,789;536 Net payments of installment loans ;156.397 Net payments on mortgage payable • (20;621) Distributions (373.872) Net cash provided by financing activities • 1.208,648 INCREASE IN CASH 1.328 149 Cash at January 1, 2014 1.268.772 Cash at December 31, 2014 Supplementary cash flows disclosure: Cash paid for interest The accompanying notes are an integral part of this statement r J Metro Express; Inc. and 9442 NW 109 Street, LLC Notes to Combined Financial Statements . December 31, 2014 NOTE A — ORGANIZATION AND NATURE OF OPERATIONS The combined financial statements include the accounts of Metro Express, Inc., a Florida corporation organized in 1996; and, 9442 NW 109 Street, LLC, a Florida limited liability company organized in 2009, collectively referred to as the ::Company." All significant intercompany transactions. have been eliminated in combination. The Company is engaged in general contracting work. The length of the contracts varies but is typically between one and two years. in accordance with normal practice in the construction industry. the Company includes asset and liability accounts relating to construction contracts in current assets and liabilities even when such amounts are realizable or payable over a period in excess of one .year. NOTE B — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of significant accounting policies of the Company is presented to assist in understanding its financial statements. These financial statements are representations of the Company's management who is responsible for their integrity and objectivity. These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements. 'I_ Revenue Recognition The Company recognizes revenues on contracts using the percentage-of-completion method. Under this method, the percentage of contract j ► p percentage ��.n,.act revenue to be recognized currently is r��,�,,r�,�tC;�f as that � _ 9 ed comp! :_hat percentage of estimated total revenue that in u-red{ o!1 j t� Dui ��'_.s�i `..lJs�r` � date be2I to total estimated costs, after giving effect to the most recent estimates of cost to complete. It is reasonably possible that changes in cost and revenue estimates may occur in the near term.. Revisions in cost and revenue are reflected in the period in which the facts which require the revision become known. When the revised cost estimates indicate a loss on an individual contract, the total estimated loss is provided for currently in its entirety without regard to the percentage of completion. Contract costs include direct material and labor costs and those indirect costs related to contract performance; such as indirect labor, supplies, equipment r ental, repairs and subcontractor costs. Selling, general and administrative expenses are charged to operations as incurred. The asset, "costs and estimated earnings in excess of billings on uncompleted contracts represents revenues recognized in excess of amounts billed. The liability "billings in excess of costs and estimated earnings on uncompleted contracts;" represents billings in excess of revenues recognized. • Metro Express, Inc. and 9442 NW 109 Street, LLC Notes to Combined Financial Statements - Continued . December 31. 7014 NOTE B — Continued 2. Concentration of Credit Risk Financial instruments which potentially subject the Company to concentration of credit risk consist principally of bank deposits. At December 31, 2014, the Company had bank deposits in excess of FDIC coverage. Contracts receivable are primarily from local municipal governments. The Company performs ongoing evaluations of its accounts receivable and monitors its exposure for credit losses. 3. Property, Equipment and Depreciation Property and equipment are stat d at the stated a� cost. Depreciation is provided straight-line ovided on �he strai nt line basis over the estimated service lives of the assets, ranging from five to thirty-nine years. 4. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. NOTE C — INCOME TAXES The Company uses the percentage of completion method of reporting income from long- ._, ter m construction contracts for financial statement purposes and for income tax purposes. The Company has elected to be treated as a Subchapter S-Corporation. As an S- Corporation, the Company passes through items of income and expense to the stockholder each year. and thus pays no federal corporate income tax itself. However, the Company generally distributes funds to the shareholder through bonuses and/or capital distributions to pay income taxes attributable to corporate earnings. At December 31, 2014, current• u ent federal income tax liabilities passed ti-irough to the shareholder using an estimated effective rate of 28% are summarized as follows: Estimated taxable income pass-through to stockholder $ 427.211 Estimated effective tax rate Estimated stockholder's current tax liability 119.619 Less: estimated tax deposits and credits - 69.091 Net stockholder's current federal tax overpayment 3 50 526 • Metro Express, Inc. and 9442 NW 109 Street, LLC Notes to Combined Financial Statements - Continued December 31, 2014 NOTE C - Continued Management intends to disburse approximately S50,000 to the stockholder subsequent to year-end to pay income taxes. Although not accrued in the accompanying financial statements, deferred federal income taxes passed through to the stockholder at December 31, 2014 are summarized as follows: Current Long-Term Total Differences in depreciation methods $ 60.631 3 72,774 $ 133.405 Differences in revenue recognition related to the completed contract method for long-term contracts • Net deferred federal tax liability pass-through S 60,631, S 72 774 r S 133405 NOTE D -- CONTRACTS RECEIVABLE At December 31, 2014, contracts receivable billed consisted of the following: •. Billed - Completed contracts S 1,430,439 Contracts in progress !_ ue $ 621,567 •Retainage 437,416 1.058.983 Less: Allowance for bad debt 2,489 1411 .848 .848 • • These receivables are aged as follows: $`-23`4('x(4 0 - 30 days $ . 31 60 days 959 311 61 - 90 days 1 72,695 564..092 Over 90 days 355,908 Retainage 437,416 The Company collected approximately $439,821 of the receivables through January 30, 2.015, which includes $166,969 from over 90 day¢ The over 90 day's category inc. ud��, es approxi matel■ 362,200 of retainage on completed projects. a Metro Express, Inc. and 9442 NW 109 Street, LLC Notes to Combined Financial Statements - Continued December- 31 . 2014 NOTE E – PROPERTY AND EQUIPMENT • At December 31, 2014; property and equipment consisted of the following: Machinery and equipment S 3.907.932 Trucks and trailers 1.4 76.467 Building 714,253 Leasehold improvements 150.000 6.248.652 Less accumulated depreciation 4,336.592 8_19 During the year ended December 31, 2014, depreciation expense of $419,687 was charged to operations. NOTE F – COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS At December 31; 2014. cost and estimated earnings on uncompleted contracts consisted of the following; Costs incurred on uncompleted contracts $ '1-�i 10.0497F � . • Estimated earnings 991,470 11.633.445 Less billings to date —12,453.066 Presented in the accompanying balance sheet under the following caption: Costs and estimated earnings in excess of billings on uncompleted contracts 8 185,890 Billings in excess of costs,and estimated earnings on uncompleted contracts (1.005.5111 NOTE G – LINE OF CREDIT The Company I�f L-�.�� -�. 1�.�.-, of credit with .� bank in the y has a line of c1 edit �V Yiti i 3 bank in the amount of 52:750,000 at prime interest rate. Principal is payable on demand and interest is payable monthly. Renewals are at the lenders discretion. Advances are secured by a general business security agreement on all of the Company's present and future assets and real estate owned by the stockholder. At December 31, 2014 there were advances in the amount of 81 939,548 under this line of credit. 9 S., Metro Express, Inc. and 9442 NW 109 Street, LLC Notes to Combined Financial Statements - Continued December 31 . 2014 NOTE H — INSTALLMENT LOANS PAYABLE The Company financed the acquisition of equipment and other assets with installment loans payable in monthly installments totaling approximately $2,020 at interest rates ranging from 0 to 6.95%. Principal payments due for the years ending December 31, are 2015 a 22,692 2016 23,366 2017 1 7,759 _ i ---- 63,74 7 Less current portion 22,622 LONG-TERM DEBT _` a1, • NOTE I -- MORTGAGE PAYABLE Mortgage payable to a financial institution maturing in April 2039, payable in monthly installments of $6;860 including principal and interest at prime plus 2.50%. The mortgage is collateralized by real estate and guaranteed by the Company. Principal payments due for the years ending December 31, are: 2015 35.046 2016 36.325 2017 37,651 2018 39,025 2019 40,449 Thereafter 1,147,592 Total 1,336,088 Less current portion 35,046 LONG-TERM.DEB T __1__301_,042 NOTE J — ASSIGNMENT OF RIGHTS AND PROPERTY UNDER INDEMNITY AGREEMENT In order to procure a bonding line; the Company has assigned cerlain rights and property collateral to secure its obligations under the indemnity agreements. These rights consist p-.n'cipai y of rights under construction contracts, subcontracts, insurance 'vlici e s and legal claims. The property assigned consists of all property and equipment, cash and accounts receivable. 10 Metro Ex• press, Inc. and 9442 NW 109 Street, LLC Notes to Combined Financial Statements - Continued December 31, 2014 NOTE K — BACKLOG The following schedule summarizes changes in backlog on contracts during the year ended _.. December 31, 2014. Backlog represents the amount of revenue the Company expects to realize from uncompleted contracts in progress at period end and from contractual agreements on which work has not yet begun: . Balance at January 1, 2014 $ 2,888,236 New contracts 12,911.053 15,799.289 Less: revenues earned during the period 12.049,473 Balance at December 31, 2014 $ 3,749,813 • NOTE L — ECONOMIC DEPENDENCY For the year ended December 31, 2014, three customers accounted for approximately 62% of total revenues, amounting to approximately 57,500,000. NOTE M — SUBSEQUENT EVENTS in preparing the financial statements, the Company has evaluated events and transactions for potential recognition or disclosure through January 30, 2015, the date the financial statements were available to be issued. . I1 SI IPPI FRAPNTARY NFORMATION �� , • �~~ � Metro Express. Inc. SCHEDULE / SUMMARY OF CONSTRUCTION CONTRACTS For the year ended December 31 2013 Revenues nues Costof Gross Gross Profit Earn d e____ Revenues Profit Prior Period Completed Contracts S 4.921.061 S 3.894.698 3 1.027.265 S 81.791 Contracts in P � reso ."y 7.127.512 6.466.005 651.507 328.9O3 • • S 12049473 • S 1O3OO7O1 --' . S �.G88.�72 12 � � , . l' OD CO .."..?" 0.1 c- Co ,- C) In ,(--2, 1.-0 CO -Cr N- `,.1' C•-.) if) (') C,./ 1.--- -.?"..; (.0 .... , 'Z( (0 0) (0 0 03 in CO I-- i5) - (N .. _ . _ , .,..- ,.= r--- CO 0 CO C-4 1--- CO C) CO 1 . C.) Cs4 2 2 (.0 ,-- in .-- (N r-- (.0 CO. .■ (N 0 . ‘..... CO CO in ..... CI, ..0 (0 -,- 0- c,..-) c--,-.) a: -.1 In ..C..'7. (c) (I) o N- C) (.0 CO 0) cp un co 0 - ' Lr) -,1- t's.: CD ',1- N C‘,1 )-- . CD 0 1 ...--, C cr) C.) 33- (N CO CY) CO 1---- 0 LC) 0) CC :::, I...7) (.,..., r-- 0; (.=, CT:1 ..._ (N.: C‘i CO f.•0 r- CO . CO CD c) Ci; C\I C (1) (1) (f)1 03 (1) CO -,-.1- If) CO C) CO 0 r..1- 0 >.,.. IA CO N- 10 CC) r- (C) C) C) 1"-- •'. r_r_-;i ..... a) q -0 r.--4 ,.-1- ,- ,.! C) 0: •,-- CD •-- ''- 0) . ..."::: ..... a) _ .. .. _ . _ . .. .. ....• ,-- 0; 0') in CO rs.r• -.-4- r.-- c,:., _•,.. I ,- ■,_. 0 i L.: ,...0 r■- CO (f) 03 0) NI- C.C.) •,.!- :.,e.C o > CC ,.\'1 . 1 •••,1 Cl IN rl' C) C\I '4 --: _,--; C..) LU Li_ c\J 1 0) '4-11 Cr ,i ,--- co 'C C O 0) ,- CY)al -,4. C) ' ' . i', H-11 V) ..;---, if)' CD Ir., I ---b 0 0 1 (-NI IN c-';') (1.‘D 11 ...,_ ,._ ,.t- If) ,,,7,I • F- C\1 11 C.) .- V) ,,-,- U) C, CO•1 CO N- if-) LO 11 -,.., '-- 0 CO OD ' ' " i'.7. Cr 0 •_.; •I . . 1-- CA) '- C CC) Z .7.., • CO a) C 0 > C\I CO . C.: co iN r- co 1 1---! 0 (T:: (2, w !i (..) '-‘1" IN I CC tD (1) If)1 0 C) .... . ■ 1 CO LIJ er) v) --I .... • 92 -0 OD CO ' " " -- CY).1 c •:-.- '_.0 C c -.:..r CD C\I 1---.11 • 41.) ■-- L.", C=.1 (.0 ,.- I li If L (,) i- 1::). t.,11 0>.: Li -c) . il i.7, V) -n .- 0 — 7... CY) ,i- t.,.1 C\J CC-.) •,- CD if) _. Q.D 11 „..- . -, C) -q- I-- -•:., CO Lc': CO (si r-- i- • • ,r) - cx.., Q• (f.', ,TD ,.T.: if) CO 1-.. 0') '---. u.'II • -..-.7 ,-- - V) ,;-,. CO i--- C) (0 CNI i--- CO I.C3 CO (.,- < c.) p cp r-- r.-, u-) - c.., li Z •.. I < co _c. -.. 1 0 ii w .22 1 r.'1" ,•-- •,--- NI- OD 0 CI) -,-,r u 3 r.--, ..-1 in CO i'D CO •,-- 1--- p (0 CO C.)) ',--, (.0 11 D 0 i s- (.1; c,-) -,...* N.:- Cs4 0 •-,1' '4' C,1 r- s'-'.- CO I 1— CO C'-' CO G3 CO N. C.) LC) 03 •• 01 0 CO:2 .,- V) a) (N! co ,7'.-, C) CO t.--- CD C) ,',2)-; CO 111 0 0 - C‘,1 r-- C...1 C.,./ c; CO ■.--. c.") . :0 C.3 " (N ,.._ C.) a) • --4' C.) ...- C CC. i . (1) 0 . CC) (f) 0 C) c_-) I in ,....,--- — c.; c ,-- l 0 ID -r-, C"..1 - - -• - (j)1 . C c "".• C\I CO CO 0-) '''' ''' CO \-'• 0-) .) ,..... ,-.• • ID •,.._ c,.., CN C"..1 C•s: ,..: ci_ co ..rr '.7.' CO > Ci3 CN 0) 1_1J Cr--)1 C.C. It or.)• • 65 CO G:-.) 0 ,,__ .,-.- IN ti) •-. Cs4 •-• 0) u) (■sj ..-. C,.., ,-- ,,.\' ,..6• ,-- '...-..-.. (-) cf- :2 r r) ?...., r.._. !3 ,..; ....:.: ,11 CV CA. .0 0 CD 0 C.--' tr. r-- C-- ,/) 00 c•') 0) v2 ? 0 -- .) r..._LI) •,,,. . , ■ li 00 _I' ,,, (2, '7•1 i',- o .' . ' ,- -•,--• 0 _, —0 .-,-c s.._ E.; r--1). t.- 0 ± ' 0000 _ _ z P M 0000 ■ 0 ....,:- IN IN IN IN IN CI:. C_) C) LI_ i 2-- i :1= I .---, , .. ' - , 9 i 1 b'''..); . fi'--',-' CN,■::?, ?C-?) f'.•-.1•-, 1.,---,-, —...). '•:'.',, ':..-3'?i. RCN,.9.... 2:.--::-;? (`-o.L.:i'' 1(0-.='.,', ,'`.r..,.0'' , ,,,, ,_ ,_, - cr, ,_; ,,, r.,:: ,.. . (.., -, .-' :',...; ..,.., CI, ■..., f--. 1 .,--1! R" C-I 0-: ••.- e.i., 1.-.'• C.: C:, L.r: .•.,i 0 6 • ,-.. ,.••.! .-_, -:, ,..., ,,, ..- crl ., r, -- If. , ,•-. ,; '..:, , • L 0 , "'' , ,C", _ -0 I C•:_,,),I 0, .L. , ,-.) > co if, .•.;-, , ,::, LI, - 0, , 7-, •• •-•.: •: ••, .....,I; , , ,.,-, •-- C..: i •••,.'I , - cc ;..,j .'.-..I 1 _._ ' I 5;1 . 4z1;'• .?,r.; -i.: •:::,- -r c `1',.; F) -,:. - -, -:- t.-z; ,-, , ".2, 72.I ...., C... .D .. ....) ..) ,.... -.--.- k.,I CC ,.. , ...,,, 1 ,I, , 2 ,. E---:-. 21 ,„: :,_ ,-.. ,--7 I- ,; C, (7; 1, 1.r., i, ,.."•i C', ,C) 0, C..., i :-....1! ,1,?- uji ' ro ,--;., 02., •,, ,-...:, ,- c.,:, -..-: C., il::: r.,:.., .- •- ,,, ,,, .:, i-• . (--7 1 • ..- I Hi • 1 ! „ i 1.,_ ,,) ,,,• .-.,, ;'... -..;. '-'- .:. 1 - - - • I •1 , ,.. 1-- :,,,-6 .--. 7,... :-_-: fd '(' :::: C:',.., ,i, .., •,-, 0.2 ., •,'4 ''‘-'‘) {7.54 '-d] '' i ....„... ,_.1 ,,,-=-; ,-,_ -_. in —Li; .-•i ■ ..—1'. kt,. ,1 i .1 :.... -,: • . . . .- t-, ,,-, I ■,.;, L1-1 ,-, C'..7, C.", c..1 r..: : (-) a' .'' .i.,. ::. 9 .;.., f•2, ff ,- •:_---:I c -,;:, o.) L'-' LL. I I, I r., 00 Sf-} I . w -,.:. ell `.,;.' ;; -,a7 .',.', 2 ';7-:. ;-. -' .: t.....:: ,-.,.; .,,, ';. c:.!.. L.:.,. -., ',-72 ::1, . cc ?,': ..(-2 ., -- ,.z_ , ;,, ,.- ,,:', i.._ G. ,]:, ?:: ",: &": j. 6 '(7;.:.■ L----- •-='- ,-;.,i! 0 0 '.' -0, ...T,1 -., c..-: .,.-- , C.; . -- ,/ CI; T.,,, 0 0 .o. ,.... ,....• -., f..D , , , t.,.,, C.,.. .i., .., C, ,, D.'. -;:,c'S) ,..7,"I L (.1 . -- •.- `‘-; ,-.1, C., a L.L: .....1 ,_ i ,•-,1 I u)11 ..,...: -,. , ,.'..; `,-;) '2 c ? c-; '7 ': ,,-..Q ;:' :--:. .:: '.'.; ,-2 ,.). ..,- .:-.; !-- • __ LC: 1 i,), -' :2': =-3 L'..-:), `,-.-,.. ',.;.; d-, ,._," •"_-: ,-."- ,,') •,.', :-'2 :11: t.::::). 1 '611 (....) ,-- ,--_:,,, c--.,! . 0,,!„,. ,___ s_ CCD ,,, ,.... -' 1> - - ...; --,- ,,,, c, ,.,-,- •- --• ,.., .,-, ' •.--.,! ••••., !,-, ,-, •-:- .: &ID ,: C., ,...-) I t.',;ill iD (...: ,-- ,- :..-, 4.7, ,-, Cr, . N. ,-, ,-- p , i ,:.: 1--• ...: ,-r. , -- - .-- -- • ii.7. , •-;I , a ..., `==i I ,, I "'? (^ U '-, c.: .. , u., „. ,--, ..1 0 '.,,L-:1 1 , r.__ !,.,,',- .1.-.; ,--2, .-:-.: 'E. ,...: ,•:-'. :-::: ..:.; ;_i '..: -,,s• ;,-:. :::-;: ,?,--: -,:"2 ! F-•,.! I.,i (!.: c i _,_.- __, .- .-. :, .- :-., c., op ,: c!,., :-.:. ...-.• ;--; c., „,-; !.- , . ;, . ,.7 . ,, ,...1 , .-, -,....• , -- -.: .,-: ,-• , — (---• - -. - •---. -- - , c.f,' ra-I ! 12) z „. ......3.1 -- ,,-, , ,..,::. ,......., ,_:... ,-.. .-- c..--, , c.c., .-_, , •-- c.:.., c..-. ,.:, e.• ,... .■,-1 .:„.', :;=:.: C., ....- CID :::■:: ...; „.., CO Li, :,.. 7; kr: ::-, , c....i, c•, c, c, i s—1, ‘1), ) L-.▪, r'-' '' ” ";' ,C2 ' ' ''''.■ ...._. . .. 1.1! 'i , ::-L- 1 (..0 CN.1 :, kl'.: , ,- ,-.1 ,',. LC: 1.,.7 --- I, ,— .". L'' (.1) 1 ,,,,. i ,-..‘ ,....:., CO C.., , s:: 7.:, , Cr; — ',':, ;,z. :- '6 ',-; ,-,. ,..;•. ',.-',-; ! '•-•-..: -..,, ....,- F-, ..,-> -..i: ,......,-,, -_-_-.... :,,,,. :-.. 'ID ,,,,: .-..., ::: <....-, ,--•:. 1 -z., . ▪ c.i :•*- :;- ',...--:, `,-.i q :.:1-, ':..; '-:: (-:--'.., il: `c,•.: '',,,, 'i';'-; ,,--::: 1 ;7;d 1 I ":. al i '... -,— c-, ■- ..1:-.) ,- Q.) '4 •,:, ,-,3 •:- ,--• , ,r, ^--. .,- ,.,•: 1 -,i .....:..1 W I I on ■ 1.,-.a .1 • •,... ;:-_,1 f-- C., ,c, •-• , t--, a; i•-•. c.-: ,--, , a: r.2 u--: ,,, 3, cr. ,-,-.: I ;.,,1 ‘e). ,1 c., Q c:.? ,..., Q !-, ,--. 0:., c,.: ori. , 0, cr, ry: v.: ,- ,..o , ■ ,-,:1 Us: c.-: :•-; 0 ::-: :: :-.71 -1- :..., :- :,,, d) --, cr! C ■f) ! :•",..:! 1 ,‘"):I• ' •i' !.1...;;7-• ..-L1 t-I C.) I I, -., l...) 0 L'-./ C. 0 C, l........ CL ,.-.1- :0 U. c.: C,, ,-'4 (C) -, 7,,i -,-, ■ .--I! ..- 0 'F-.:. ,c, C.1 (.9 :0 ,-.2, , 1.1; ,-;, C.j , c, C, , , :-.., - r,',.. , i c•.;i; t_1 .7,1 N- in. 0, .--- .1-.5 ff., (-, ,..-/ r:•.S CO , C.4 ,..7., ,-. ::-.:. .— :-- r-- i ,-;ti I 9 I ‘.1., r•- ,-- ,-- Cr: 0, f..-7 ;•••• N. C., - I.- l 7) !,-.• ISC, c.-.. .... .--- • ..,-.,I .-- -C:.3 ...-.. C., .., ,.., C.../ i7.. ..,.. ••-- rj , C 61 ••- 'i -.... 0 ..- ;.--- ''.- --.: ,11 •■•., 511 .1= S), p , ,,. ,, ,-_-, I rt, •,, .1-- .,•::. ., e---. 0..) ,) ,-, '.. '--.? " ''' c-, ,-. „ .•-,-- .;:'. ... , .52 ._ c-,, ..,- o ,-,:: ..--., ,-• ..._._ a, , ,_ 0 ,-; c`;') < :?- -- .,.,: r-__'; L:•: 0 T-_ ,_ ",75 I -.1-- --' -,-,' -,':; P, ri,-_" i.-1 LI; :.-,• .=- -4--:. c._; __._-:', ',._:=1 ?..„:.4 '----___ ; . ..... ,,, c., :.±:;' -7.. e, ,:; ,.-3, ‘..?, cf, -," E-:-, a .? .; c_.,, C) :In ::: cr, r.n .-., ":: c.:3 .4., .,- , ,-.) - .- 1 _c; ? :-.7-... :::... ,...) ',15.;. ".•=1... ::::.., :.-..'. :::'. T c.) (2 ,) , ---,.* -.•-s 0 C) i i ,-I D 0 0 CD 0 Lt' en 0 ,I) L.., j (..) 0 0 0 0 0 0 ,...) 0 C.) 73:: 7-• ::, ..:F 77, .r=7: c-.1 7". I .. 4111. 0 • Metro Express, Inc. and 9442 MN 109 Street, l_l_C • ' SCHEDULE IV-COMBINING BALANCE SHEETS December 31. 2014 Metro Express, 9442 NW 109 Inc. Street, LIC Eliminations Combined -- ASSETS CURRENT ASSETS • Cash ' $ 2,583.729 S 13,192 S - S 9,596,921 Contracts receivable 2.347,574 - 2,347.574 Cost and estimated earnings in excess of billings on on uncompleted contracts 185,890 - - 185,890 Due from affiliate 372,055 - (372,055) Refundable deposit 18303 - 18,303 Total current assets 5.507,611 13192 - (372,055) 5,148,748 • LAND • 1,000,000 - 1,000.000 PROPERTY AND EQUIPMENT-NET 1,289,377 622,683 - 1,912.060 • OTHER ASSETS - 11,728 - 11728 • Iota'assets S 6,790.588 S 1,047,603 $ (372.055) S 0,072,536 LIABILITIES AND STOCKHOLDER'S AND MEMBERS EQUITY CURRENT LIABILITIES •Accounts payable and accrued expenses S 1.793,001 S - S - S 1.793.061 Billings in excess of cost and estimated earnings on uncompleted contracts 1.005.511 ._ _ 1,005.511 Line al credit _. - 1,955,54.8 Installment loans payable, current 22,622 - - 22,622 portage payable, current - 35040 - 35,046 Due to affiliate . 372,055 (372,055) Total current liabilities 4,760,742 407.101 (372,055) 4,795.788 MORTGAGE PAYABLE - 1.301,042 - 1,301,042 • INSTALLMENT LOANS PAYABLE . 41,125 - 41 125 Total liabilities 4,801.867 1,708,143 (372,055) • 6,137,955 • STOCKHOLDER'S AND MEMBERS EQUITY Common stock- $1.00 par value, 500 shares authorized, issued and outstanding 500 - 500 Paid-in capital 1,383,337 - - 1,383,337 Retained earnings and members equity 611,284 (60,540) 550,744 Total stockholder's and members equity 1,995,191 (60,540) - 1.934.581 Total liabilites and stockholder's and members equity 5 6-.790.988 $ 1.647,603 $ (372,055) S 8,072,530 --_--....,— • The accompanying notes are an integral part of these statements • • 15 MatooExpvass'. Inc. and 9442 NW 109 Street, LLC SCHEDULE V ' COMBINING STATEMENTS OF INCOME AND RETAINED EARNINGS For the year ended December 31 2014 • Metro Express, 9442 NW 109 Combined Inc Street LLC Eliminations� �� Balances Contracts revenues earned S 12.O49.473 S 3 S 12.048.473 Cost� ofre venues earned of'- 10360701 10.360.701 -----Contracts gross profit 1,688,772 772 ----- ' 1.OG8.772 General and administrative expenses 1.347.159 20.305 (21.00O) 1.34G4G4 Income from operations 341.813 (2O.3OS) 21,000 342308 Other income (expense) -- -- -----�----- -- --.��— Rental income ` • 21.000 (21.000) • ' Other zG57G 26: 578 interest expenses ' (37.056) (77,524) (116.180) (11.078) 58 (21.000) (8G�O2) NET INCOME (LOSS) 330.635 (78.829) 253.706 Retained earnings and members equity, January 1, 2014 , 654.621 16,289 6 70,910 Distributions (373.872) (373.872) .Retained earnings, December 31. 2ox4 611 284 s � 5O.744 --------- �~�=~._-_~~ The accompanyig notes are an integral part of these statements 16 0- r Metro Express, Inc. and 9442 NW 109 Street, LLC Schedule VI — Combining Statement of General and Administrative Expenses For the year ended December 01, 2014 Metro Express 9442 NW 109 Combined Inc. Street. LLC Eliminations Balances Bad debt $ 141,848 3 - v - 8 141.848 'Bank charges 25.409 - 25,409 Cleaning and sanitation 20,605 20,605 Depreciation 6,446 18,803 25,249 • insurance 87.881 , - - 87,881 Licenses-and taxes 49;880 - 9 - ,� .880 Miscellaneous 20,6961 3% - 20,728 Office expenses and supplies 20,88 1 - - 20,881 Payroll and payroll taxes 645.642 - - 645,642 Professional fees 127,441 - - 127,441 Rent 22.418 .- ,21 Onrl) 1,418 Repairs and maintenance 10,774 10.774 State, local and other taxes 78,443 1,470 - 79.913 Telephone 10,179 10;179 Travel and entertainment 48,979 - - 48.979 Utilities 29.637 - 29.637 J_,347_,1,5_9 5_._._.._ 2 G,a 5 17 . • • CODE OF BUSINESS ETHICS ti GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Commerce ("GMCC") seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of rinciples to help guide decisions and actions based on respect for the importance of ethical business standards in the community. The GMCC believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. Com•liance with Government Rules & Re.ulations . We will properly maintain all records and post all licenses and certificates in prominent places easily Seen by our employees and customers; Jn dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; o We will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment, Selection & Compensation of Vendors and Suppliers We will avoid conflicts of interest and disclose such conflicts when identified; P Gifts which compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such a kickback. Business Accounting ° All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions or secret accounts. Promotion and Sales of Products and Services • Our products will comply with all applicable safety and quality standards; We will promote and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competitors; Doing Business with the Government • • • We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our bids will be competitive, appropriate to the bid documents and arrived at independently; Any challenges to contracts awarded will have a substantive basis and not be pursued merely because we are the unsuccessful bidder; ° We will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. • We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. We will not seek or expect preferential treatment on bids based on our participation in political campaigns. Public Life and Political Campaigns • We encourage all employees to participate in community life the political process; , public service and • We encourage all employees to recruit, support and elect ethical and qualified • • public officials and engage them in dialogue and debate about business and community issues; • Our contributions to political parties, committees or individuals will only be made in accordance with applicable law and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; ° We will not contribute to the campaigns. of persons who are convicted felons or • those who do not sign the Fair Campaign Practices Ordinance. ° We will not knowingly disseminate false campaign information or support those who do. 1,40-ro cx.Ares t e_• Company Name Corporate Offrcer �� 6115 Date • • - l RESOLUTION NO. 2000-23879 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY Y OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A CONTRACT WITH THE CITY OF MIAMI BEACII WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a Model Code of Business Ethics(the"Model Code"); and WHEREAS,the City of Miami Beach is a member of the GMCC; and WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community; and WHEREAS, the GMCC encourages its members to adopt the principles and practices outlined in the Model Code; and WHEREAS, the Commission believes that each entity which does business with the City of Miami Beach should be required, as a condition of doing business with the County to adopt a Code of Business Ethics. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA: Section 1. 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 City Manager or his or her designee prior to execution of any contract between the contractor and the City. The Code of Business shall, at a minimum, require the contractor to comply with all applicable governmental rules and regulations including, among others, the conflict of interest,lobbying and ethics provisions of.the City Code. Section 2. The Commission urges the Greater Miami Chamber of Commerce to require that all of its members adopt the Model Code of Business Ethics, Section 3. This resolution shall become effective immediately upon its adoption. • • • • • . PASSED and ADOPTED this 12th day of April 2000 ATTEST: YOR CITY CLERK • • •APPROVED AS TO. FC;RM&LANGUAc,' FOR EXECUTIO i • • / 1 z • • •• • • ),. . . 4 • • 00 AP,'? -6 P/i 3: 19 CITY OF MIAMI BEACH OFFICE OF THE MAYOR& COMMISSION . .. MEMORANDUM TO: LAWERENCE LEVY CITY MANAGER FROM: JOSE SMITH COMMISSIONER f DATE: APRIL 4,2000 RE: RESOLUTION REQUIRING THAT CONTRACTORS ADOPT A CODE OF BUSINESS ETHICS BEFORE ENTERING INTO A CONTRACT WITH THE CITY OF MIAMI BEACH Please place the attached resolution on the agenda at the next meeting of the Mayor and City Commission on April 12,2000. JS/jm Agenda Item R '-.j P Date '12 °(� MIAMI IBEACH INVITATION TO BID POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPED AREAS ITB 2015-137-AK BID ISSUANCE DATE: JUNE 4, 2015 BID DUE: JULY 20 @ 3:00 PM ISSUED BY: 44: ..MIAMIBEACH Aneta Kamyczek, Procurement Coordinator PROCUREMENT DEPARTMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x6455 I Fax: 786.373. 7490 I www.miamibeachfl.gov MIAMI BEAC H TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 16 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID" FORM APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E COST PROPOSAL FORM APPENDIX F INSURANCE REQUIREMENTS ITB 2015-137-AK 2 MIAMI. EACH SECTION 0200 INSTRUCTIONS TO BIDDERS 1.GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently,the successful Bidders(s) (the"contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach is seeking bid responses for Pour-in-Place services for playground areas/or Bonded Aggregate services for landscaped areas. The purpose of this Invitation to Bid is to establish a contract with a qualified vendor(s), to provide for the purchase of Pour-in-Place rubber surface and Bonded Aggregate services on an as needed basis. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is a s follows: ITB Issued June 4, 2015 Pre-Bid Meeting June 17, 2015 @10:00AM Deadline for Receipt of Questions July 10, 2015 @ 5:00PM Responses Due July 20, 2015 @ 3:00PM Tentative Commission Approval Authorizing Award TBD 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Aneta Kamyczek 305 673 7000#6455 anetakamyczek @miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado(a miamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. ITB 2015-137-AK 3 • • MIAMI BEACH A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach City Hall -4th Floor City Manager's Small Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER:4142489 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the the Clerk rf I r Procurement Contact named herein with a copy to t City e at a ae g anado @miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • ITB 2015-137-AK 4 tv I AM BEAC H • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid,to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 12. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 13. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s)and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids ITB 2015-137-AK 5 • MIAMI BEACH received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character, integrity, reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 14. MULTIPLE AWARDS.The City may award up to three vendors (primary, secondary, tertiary), as available, by line item, by group or in its entirety. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1)a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 15. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1)Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 16. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 17. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 18. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 19. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. ITB 2015-137-AK 6 MIAMI BEACH 20.AMERICAN WITH DISABILITIES ACT. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 21. ANTI-DISCRIMINATION. The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 22. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to-execute such contract, to any person, company or corporation, without the prior written consent of the City. 23. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three(3)years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 24. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 25. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 26. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 27. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 28. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any,part thereof, the bidder must submit to the City, at least seven (7)calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s)from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, ITB 2015-137-AK 7 MIAMI BEACH Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement Management(DPM), 1700 Convention Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk. 29. COLLUSION. Where two (2)or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 30. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays,from 8:30 A.M.to 4:00 P.M. 33. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted. 34. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. ITB 2015-137-AK 8 • 0. MIAMI B E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 35. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services (as the case may be)to be furnished hereunder, the decision of the City shall be final and binding on all parties. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. 36. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 37. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. 38. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. ITB 2015-137-AK 9 MIAMI BEACH 39. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority" under the emergency conditions noted above. 40. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 41. 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. 42. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 43. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 44. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 45. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 46. 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 -aa.+nax'nNw'-IIroAmdtarKi�«.:a:w,r\2.�",F(fc.;6'}\N`aa.:@i.`sAW,Yt2V\hR�:�x\\2Y§R�:::2YaiF+'A'3.0:13�?3Wfd:.yPA+"AJ.�dFSCaW..\\sari`S:vh"Y't:R@ Ys.\eiv`yU'ye\''e�.AF��:..v"x.a�:FZY?::1ai°A\Z.,:a wX.\�r aZaiaF'?�?\a\.a\\µx..?:�vF9 iQ�a.mn+iA�.:c.:w:v.22�-\�:V4�Uw.ttae\3!aw\ii1::A�?s.�\�uv ITB 201 5-137-AK 10 MIAMI BEACH claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 47. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 48. LAWS, PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 49. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 50. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 51. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 52. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 53. MODIFICATION/WITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Ai�.ved»%iN JiAMmawL::v . ''' '<aw.*uaiY'alA['Al'.; ITB 2015-1 37-AK 1 • MI EACH Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 54. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 55. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 56. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 57. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 58. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 59. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 60. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5)calendar days upon request from Purchasing Agent. 61. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. ITB 2015-137-AK 12 P_ ,m i I BEACH 62. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 63. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 64. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 65. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 66.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 67. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 68. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 69. 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 aeh;»....aamoave'>;ura+,v,.aaa.rtt+.ar..a.;.aaap:�'auuZaasa xay,.y3..<m'sta x.;iavAl etc:^a.J.�+&�".a`.#'ai'��.uAa;3-.-'c.�:�'y..M icy,.xs2r3a^-.tia� .'a`c Y1;`a':?s'a2w.roe.a�5•:.;s>QiSal. ITB 2015-137-AK 13 +� MIAMI BEACH 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. 70. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s)offered and furnished. ITB 2015-137-AK 14 NA,IAM BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1.SEALED BIDS. Deliver to the City of Miami Beach, Procurement Department located at 1700 Convention Center Drive, Miami Beach, Florida 33139. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format(CD or USB format) are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive. All corrections on the Cost Proposal Form shall be initialed. • TAB 2— Bid Certification, Questionnaire and Affidavits (Appendix A). • TAB 3— Documentation indicating compliance with minimum requirements. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2015-137-AK 15 • m MIP M,IBEACH APPENDIX "A" MIAMI Proposal Certification , Questionnaire & Requirements Affidavit ITB 2015- 137-AK POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPED AREAS PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 ITB 2015-137-AK 16 !A MiBEACH Solicitation No: 2015-137-AK Solicitation Title: Pour-in-Place Playground Surfaces and Bonded Aggregate for Landscaped Areas Procurement Contact:Aneta Tel: 305-673-7000# Email: anetakamyczek(a�miamibeachfl.gov Kamyczek 6455 PROPOSAL CERTIFICATION, QUESTIONNAIRE& REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s),including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ITB 2015-137-AK �7 • MIAMIBEACH . 1. Veteran Owned Business. Is Proposer claimin a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 2. Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webappl wcs/storeslservlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun &Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted,the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If "No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm, in the past 5 years. If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 4. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer,director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. ITB 2015-137-AK 18 • el_ MIAMI AI BE. 5. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 6. Suspension, Debarment or Contract Cancellation. 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 action(s). 7. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub- consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 8. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurementl. 9. Living Wage. On September 30, 201'l,the Mayor and City Commission adopted Ordinance 2014 •- • •••• • - ' •i • •• ' • • -•- ' • - • • r Failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its sole option, immediately deem said proposer as non responsive, and may further subject proposer to additional -•- - _•: '•- : , ':-: '• •- _' .' ','•: .:- • . iA\ »'»roo>mrr:.0wa:»>'W\li':�\\\:n.kS.J: '\Yti1.c>.rrY.wF l:.:UA..1".a.,.ew:r..Y`f.:.wkS.wSda..+c'?iai�Tase '\\UW\N:w\SNeBaY�\V'A.Jalhk)9a#.A@,:»YOAh ITB 2015-137-AK 19 / � tMCH the City's Contract Compliance Administrator at(305)673 7190. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 10. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to.competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave • Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurementl. 11. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or ITB 2015-137-AK 20 IV AAA.I B EAC reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to 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. FqN.e\'.\¢#.a.,.ti•::-iwaww.riiva...mviuer.,ao\w.:act;•,axavaTR.,a(,F+tt::Yi. -a\,vM.::C.a..\.a-<w�.:a..N:,\\�.v.T,KRCT:.v\\..v?rw....ih\.:.At,+'s..h#J�',a1+�SVw•U'a�:�K�\�`h'ev^LvCaY,_:vci0.P RS:1,'.�3An�\:+A°��\....uavSa.:t y�caa.\t;_.W'.:6�.a1[oa,�Vk?#\CiTS3a`.�ti.wZe:^o'`a 2V.\�,,,:.V..ka..ileY'.wIN.SR::Fh:CSR<SUP.kel ITB 2015-137-AK 21 BEACH DISC•LOSURE.AND.DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award, or in failing or refusing to make any award pursuant to such Proposals,or in-cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals,and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation,the applicant's affiliates, officers,directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such iaw. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time,all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, ITB 2015-137-AK 22 • P___ MIAMI EACH it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. PROPOSER CERTIFICATION I hereby certify that: I,as an authorized agent of the Proposer,am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, • terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of ) On this day of , 20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: • ITB 2015-137-AK 23 • • • i AI M`BE APPENDIX B " No Bid " F ITB 2015- 137-AK POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPED AREAS PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 ` cafo of to a =ooe e ors o ve ere ® % t � r s t hi t c atio haddeceed respo d o eampe�eax u t a e ,. o. i `n .' S t. "a �, r `!, ae l�,e• it x. inf�or a to° o o .: •.o• i. Spiro. e t e soft?ci azttio�n prose -w. F i.u.= to snit a it ernen N �i ay res� -x ri- bei : -- �otitfred ITB 2015-137-AK 24 MIAMI BEACH Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: Aneta Kamyczek, Procurement Coordinator PROPOSAL # ITB 2015-137-AK 1700 Convention Center Drive MIAMI BEACH, FL 33139 ITB 2015-137-AK 25 Minimum Requirements & Specifications ITB 2015- 137-AK POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPED AREAS PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 ITB 2015-137-AK 26 MIAMI BEACH C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. Bidders must submit evidence that they are qualified to satisfactorily perform the specified services: 1. Prospective bidder must be licensed as General Contractor in the State of Florida. SUBMITTAL REQUIREMENT: all bidders must submit current General Contractor license. Contractor shall maintain a valid license throughout the duration of the contract. 2. Proposer must provide services to a minimum of three (3) public or private sector in the last five (5) years similar in scope to this ITB. SUBMITTAL REQUIREMENT: For each client listed, provide proof of such service, proof shall include: client name, client representative, client representative email address and telephone number; contract number, dates of award and brief scope of work. C2. Statement of Work Required. 1. The purpose of this Invitation to Bid is to establish a contract, by means of sealed bids, with a qualified vendor(s), to provide for the purchase of Pour-in-Place rubber surface and bonded aggregate services on an as needed basis. 2. The work and services to be provided in this bid shall include all materials, labor, permits, licenses, supervision, equipment, debris removal/disposal, and dumping/tipping fees as required, in order to execute the scope of services identified. 3. Contractor shall provide written work schedule to the City prior to the commencement of work. Contractor shall contact the City's project representative daily before the start of work. 4. Any deviation from standard installation procedures must be approved by the manufacturer and the City before the installation begins. 5. Contractor shall submit to the City'a written request to block off nearby parking spaces, 48 hours before commencement of work. 6. Work shall be performed Monday through Friday from 7:30 am to 7:00 pm. Note: No travel lanes on major thoroughfares shall be blocked during rush hour times, 7:00am to 9:00am, and 4:00pm to 7:00pm, on weekdays. Group I. Pour-in-Place rubber surface specifications. A. General specifications 1. Poured-in-place is the combination of rubber crumb, chips, or rubber buffing, or all three, with a polymer binder in specific percentages determined by the manufacturer/installer that ITB 2015-137-AK 27 MIAMI H is mixed proximate to the playground and poured in one or more layers on a prepared base to provide a smooth and seamless surface. The poured-in-place surface is generally installed in two layers, with the lower layer being a cushioning layer and the top being a wearing course. 2. Color may be provided through pigmentation of the polymer binder, use of colored rubber crumb rubber product (EPDM product comprised of organic and inorganic materials with a minimum of 20% and a maximum of 26% of ethylene propylene-diene-saturated polymethylene) or the application of a lacquer. A black surface is considered to have no color as this is the black recycled rubber crumb with a non-pigmented binder. The required standard or custom color blends of recycled poured rubber surfacing will be determined on a project by project basis and will be specified at the time of quotation request. If graphic designs and color transitions are required, they shall be full wear course depth 3. The poured-in place surfacing system shall be tested in accordance to the American Society for Testing and Materials (ASTM) Specification F1292, consisting of a laboratory procedure and the field test procedure. The laboratory procedure determines the critical height which is the next full foot below which either the g-max exceeded 200 or the Head Injury Criterion (HIC) exceeded 1000 at any of the three temperatures. The critical height of the surface must always exceed the fall height for the play structure as outlined in the relevant play structure standard. 4. A representative from the successful surfacing vendor shall attend and coordinate poured- in-place installation at no additional cost to the City. 5. The surfacing supplier shall provide the City with a copy of the laboratory testing results for the test required in ASTM specification F1292, within five (5)days of request by the City. 6. Install pour-in-place rubber as playground safety surfacing shall meet all safety guidelines as established by the American Society for Testing and Materials (ASTM) F2223 and 1292 and the Consumer Product Safety Commission's Handbook for Playground Safety. 7. The poured-in place surface shall be installed between the temperatures of 35 and 90°F (2 and 32°C) and there shall not be a fluctuation greater than 15°F (8°C) during the installation or 25°F (14°C) during the curing time. Where the installation takes place outside this range, appropriate precautions should be taken as required by the specific characteristics of the binder used. The surface shall be stable and slip resistant to comply with all requirements set forth in the American with Disabilities Act (ADA). The Installer must be a certified Manufacturer Installer or if the.contractors staff performs installation, a Manufacturer's representative must be on site to oversee the entire installation. 8. Poured rubber surfacing shall be poured-in-place and trowelled to provide resilient, seamless rubber surface installed over the specified base. The surfacing provider shall be responsible for all labor, materials, tools, equipment, permits, licenses, supervision, debris removal/disposal, and dumping/tipping fees as required to execute the scope of services identified. 9. Impact attenuation results will be provided to the City representative. These test results shall be certified and submitted on the letterhead of an independent testing lab. Impact attenuation test results shall meet or exceed Consumer Product Safety Commission Guidelines for impact attenuation. 10. All playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American with Disabilities Act. 11. All playground products must meet a minimum standard on coefficient of friction of.9-wet, 1.0 dry. ITB 2015-137-AK 28 MIAMI BEACH 12. Product shall meet or exceed a coefficient of permeability of.4 gallons per square yard per second. 13. Product shall meet the Flammability requirements of ASTM D2859. 14. The overall depth of the poured rubber will vary based on critical fall heights and installers test results. Depth will be no less than .5". THICKNESS CHART 1' to 4' Critical Fall Height 1.5"to 2"Total Depth 5' Critical Fall Height 2"to 2.5"Total Depth 6' Critical Fall Height 2.5"to 3"Total Depth 7'to 8' Critical Fall Height 3"to 3.5"Total Depth 9'to 10' Critical Fall Height 4"to 4.5"Total Depth 11' to 12' Critical Fall Height 5.5"Total Depth 15. Cold Joints-areas in excess of 2000 square feet or areas that require adjacent color pours may have cold joints or seams, but visibility must be minimal. 16. Edges- Surface edges shall be flush, beveled, rolled or as may be required to comply with ASTM 1951 and will be determined on a project by project basis. 17. Warranty- When used under playground equipment, the poured rubber must be warranted for materials and workmanship for a minimum five (5) years from date of acceptance of installation. B. Sub-Base Types and Details. a. The sub-base of the poured-in-place surface shall consist of asphalt, concrete or granular compacted to 95 % Standard Proctor Density. The depth of the sub-base shall be such as to allow for the appropriate depth of poured-in-place and loose fill material for all protective surfacing to meet the requirements of Specification F1292. b. The running slope of the sub-base for the length shall not exceed 1:16 and the cross slope of the sub-base shall not exceed 1:48 for the width of the accessible route. c. Stone-The density requirement is 90%to 95%compaction with final conditions of stone as level and stable so as to not shift when traveled on or during surface installation process. d. A compaction test is required and must be completed and reviewed by City staff prior to installation of poured rubber surfacing. • Depth 4" minimum thickness. • Slope Stone elevation shall maintain 1/4' per foot toward low end. • Porosity Base course shall maintain porosity for direct drainage. • Enclosure Stone base course must be surrounded by a retaining curb. • Drainage Subsurface drainage is recommended under and around a stone base. Perforated pipe or similar is acceptable. • Tolerances 1/4' in any 10"direction ND 1/8" in any 3-foot direction. e. Stone Selection It is critical that different size stones are used so that the base shall be uniformly mixed. The material shall be wetted during mixing operations if necessary for proper blending. ITB 2015-137-AK 29 • MIAMI I BEACH Stone Graduation U.S Sieve Percent Passing 1" 100 3/4" 90-100 No. 4 35-60 No. 30 10-30 No. 200 2-9 f.. Concrete or Asphalt- should be finished with medium broom finish. All new concrete slabs must cure for a minimum of seven (7) days prior to installation. Asphalt cure time required fourteen (14) days. Once the new asphalt has cured, it must be pressure washed prior to the surfacing being installed. The concrete contractor shall be responsible for flooding the pad to insure proper slope and tolerance. Any areas holding enough water to cover a plat nickel shall be patched prior to poured rubber installation. • Depth 4" minimum thickness • Slope Concrete or asphalt shall maintain a tolerance of 1/8"in 10 feet to avoid low areas that will hold water under poured rubber surfacing. 0 =I PI r� I 11► l -ll� li--1, I 91..4 I 111 ICI I i l � it �; 47:11EY- 'r 11=11� I 11 , --� I - �`I---111 I i i 4AI's � _, i t 1 Pared-it-1i=of PM Wear C e,)9" Pr4e$ VN i 4" ( a-tc. a, ' red-1i -W CA.4iier from:,%? CalymaniAtirraspite L: v-( Oe Vey,Veraidinsi Upon ra In 2!.LU.1 o 7e.e 2Z crr . Het*Of 4tpreft,) L hl(gecreatictui 5. Comp4 5,4twaele3 frc'teered wood~try;etc) (NO II Appircirle. Figure#1 Turn-Down Detail C. Site Preparation and Requirements 1. Drainage. Having proper drainage at the low end of the concrete slab is of utmost importance. Any brick walls or curbs at the low end of the slab shall have drainage access though weep holes. Concrete curbing weep holes should be level with finish grade of sub- ITB 2015-137-AK 30 MIAMI. base or a minimum of 1/8" below top of concrete slab. Weep holes shall be 2" high and 3" wide and shall be installed every 3". If weep holes are smaller than the recommended size, they shall be installed every 18". Floor drains shall be located outside the high impact areas, as the drains may not be covered with poured rubber surfacing. Recommended locations for drains are against low-end wall or curb. 2. Security and Waste Disposal. Successful bidder shall be responsible for the protection of surface during the curing period. It is the sole responsibility of the bidder to secure at all times equipment, materials supplies etc. No onsite storage will be available. All unusable materials and debris shall be removed from the premises at the end of each work day, and disposed if in an appropriate manner. Upon final completion, the vendor shall thoroughly clean up all areas where work has been involved. 3. Utilities and Access. Successful bidder shall provide their own power and water at installation site, and shall also be responsible for transporting materials from the delivering carrier to the installation site. Group II. Bonded Aggregate specifications. A. Bonded Aggregate — Addapave (or approved equal) is a cold applied, porous paving system designed to bind a selection of decorative aggregates or recycled materials which provides a bonded, attractive and porous surface for tree pit surrounds, sidewalks, walking p � P P 9 paths, etc. B. Where an "or equal" item is offered, and product information sheets are required, the initial offer must be accompanied with two (2) complete sets of product information sheets (such as factory specifications, standard manufacturer information sheets, catalogues, and brochures), and if required, two (2)copies of performance test results of the unit offered as an equal. Also for product information submittals, all supporting documentation submitted by the offeror must in total meet the required specifications set forth in this solicitation. Where the standard product literature submitted with the offer provides information that does not comply with the specifications, the offeror shall state, in an official letter on corporate letterhead as part of their initial offer, the differences between the item they are specifically offering, and the equipment described by the standard product literature, to substantiate compliance to all of the specifications set forth in this solicitation. In such cases, any offer submitted with standard product literature but without the letter explaining compliance will result in the rejection of the offer for not meeting the solicitation specifications. C. Surface preparation. In accordance to manufacturer's specifications. D. Material Specifications. In accordance to manufacturer's specifications. E. Mixing &Application. In accordance to manufacturer's specifications. F. Installation. In accordance to manufacturer's specifications. ITB 2015-137-AK 31 MIAMI BEACH Group Ill Repairs Services and Material Costs for Pour-in-Place and Bonded Aggregate services. 1. Repairs shall not be performed unless expressly authorized by the Contract Administrator or the City designee. 2. Project Estimate shall be requested to Contractor prior to performance of any repair work. 3. Cost estimates (quotes) shall be requested to Contractor prior to the performance of any repair work. Quotes will be provided at no additional cost to the City. Cost estimates for Non—Emergency projects shall be provided within two (2) days, and cost estimates for Emergency projects shall be provided within one(1)day. 4. Repairs shall be performed at the hourly rate specified in the Cost Proposal. The hourly rate specified shall include full compensation for labor, equipment use, and travel time. 5. Materials/parts required for repair jobs shall be billed on a percentage above vendor cost or discount off price lists, evidence of said costs shall be submitted with invoice for each repair or service call. Proof of costs shall be printed, properly identified and dated as to issuance and effectiveness. 6. Repair services shall be available to the City twenty-four (24) hours a day, seven (7) days a week, year round. The regular hours shall be from Monday through Friday, 8:00 a.m. to 5:00 p.m. Overtime hours shall be between 5:00 p.m. to 8:00 a.m. weekdays and twenty-four (24) hours on Saturday, Sunday and Legal holidays. 7. Repairs cost. All invoices for repairs shall itemize the cost of labor, materials/parts, including the hourly rate, number of work hours required to complete the work, contractors actual cost for materials, and mark-up or discount. 8. All invoices for repairs shall itemize the cost of labor, materials/parts, including the hourly rate, number of work hours required to complete the work, contractor's actual cost for materials, and mark-up or discount. i<; r,,evoyn*-ttec�xmv>.__axxmeaevx••••..•••,v.+�,wN•t.-aaxs:a:rw:.wa.aMxma::aw?..:am.x�•:N,:'eau aua Ica,,:u.a.ia'e.'C+.axc;:om:.,.»,nm,:w:yilw.....r-a.swbns.an7 C�::M.cax.�.-�.....;.z�:w w.:_,�.uye�.:.�zgi'aa?.o�ca..C'-n..sX�wn GCaa....:ra At��.>k, m'u?.av3��•,xma,w aw�a`a-.vim.--,�s�-,a> ITB 2015-137-AK .32 • 0. MIAMI EACH APPENDIX D Eno .60f2b. tuns astatigengoosa.Assummermtk _N 9) X05 I Special Conditions ITB 2015- 137-AK POUR- IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPED AREAS PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach, Florida 33139 ITB 2015-137-AK 33 • MIAMI EACH 1. TERM OF CONTRACT. The Contract shall commence upon the date of notice of award and shall be effective for three.(3) years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two (2)additional one(1)year periods, subject to the availability of fund for succeeding fiscal year. 3. PRICES SHALL BE FIXED AND FIRM. All prices quoted in the awardee's bid submittal shall remain firm and fixed, unless amended in writing by the City. 3.1. COST ESCALATION. Price must be held firm during the initial term of the agreement. During the renewal term, the City may consider prices increases not to increase the applicable Bureau of Labor Statistics (www.bls.gov) CPI-U index or 3%, whichever is less. The City may also consider increases based on mandated Living Wage increases. In considering cost escalation due to Living Wage increases, the City will only consider the direct costs related to Living Wage increases, exclusive of overhead, profit or any other related cost. 4. DEFICIENCIES IN WORK TO BE CORRECTED BY VENDOR. The vendor shall promptly correct all apparent and latent deficiencies and/or defects in work, and or any work that fails to conform to the contract documents regardless of project completions status. All corrections shall be made within fifteen (15) calendar days after such rejected defects, deficiencies and/or non- conformances are verbally reported to the vendor by the City, who may confirm such verbal reports in writing. The vendor shall bear all costs of correcting such rejected work. 5. FURNISH AND INSTALL REQUIREMENTS. The specifications and or statement of work contained within the solicitation will describe the various function and classes of work required as necessary for completion of any project. Any omission of inherent technical functions or classes of work within the specification and/or statement of work shall not relieve the bidder from furnishing, installing or performing such work where required to the satisfactory completion of the project. 7. LICENSES, PERMITS AND FEES. Bidders shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. The City will reimburse Bidders for first time permits and inspection fees only. If re-inspections are necessary the City shall not reimbursed, as these cost shall be borne by Vendors. Damages, penalties and or fines imposed on the City or vendor for failure to obtain required licenses, permits, shall be borne by the bidder. 8. ADDITIONAL ITEMS/SERVICES. While the City has listed all major items/services within this solicitation which are utilized by the City in conjunction with their operations, there may be similar items/ services that must be purchased by the City during the term of the contract. Under these circumstances, a City representative may negotiate additional related services and items. 9. DAMAGES TO PUBLIC/PRIVATE PROPERTY. The bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the bidder, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 10. SAFETY MEASURES. Contractor shall take all necessary precautions for the safety of <aosfaa��,w•v.auaweoasnvavzw:,»3v.»xn nom.a>wem.e,...m..,emu.,.sva.+aex�?tw.,wxx�a:: :a��n�aea:xra:w a<<r„»<a.r.ran>�sa�:w�fv..aaa:<a.. w.qro..aa+,m-.>.x;:w,.::y:.tinc�.�ao-„xaca.:vxao:cur rxaax*wax�,aMwe;a•�:wa.;w;««a.:awak*:.raawwa::,_a„t., twnw,»-.....<:. ITB 2015-137-AK 34 MIA/6 ! employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of contractor shall be expected to wear safety glasses, appropriate clothing and hearing protection when and wherever applicable. The contractor shall use only equipment that is fully operational and in safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity—work shall cease until it is safe to proceed. 11.WARRANTY All brands shall provide a five (5) years limited warranty on materials and installation from the date of the installation. Warranty is limited to the structural and mechanical integrity of the installed materials. Warranty shall be described in details on the Bid submittal. ITB 2015-137-AK 35 m MIAMI BEACH APPENDIX E ..• • • Cost Proposal Form ITB-201 5- 1 37-AK POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPED AREAS • DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 • IiB 2015-137-AK 36 APPENDIX A PROPOSAL TENDER FORM AND QUESTIONNAIRE Failure to submit Section 5, Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The 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. Square footage for new installation in accordance Group I Group II to specifications and manufacturer's instructions. Pour-in-Place Bonded Aggregate Quantity Unit Cost Unit Cost *Prices include all labor materials,equipment including tools,shoring,services,permit fees,applicable taxes. 1SF-100SF 200 $ /SF $ /SF 101SF-500SF 100 $ /SF $ /SF 501SF-1,500SF 50 $ /SF $ /SF 1,501 SF-5,000SF 50 $ /SF $ /SF 5,000SF+ 50 $ /SF $ /SF Total: G.roup._III..Repair.Services„- _ i - - _nt Cos Price per labor hour for repairs, per technical specifications- regular hours Monday $ /hour through Friday, 8:00 a.m. to 5:00 p.m. Price per labor hour for repairs, per technical specifications-overtime hours between 5:00 p.m. to 8:00 a.m. weekdays and twenty-four(24) hours on Saturday, Sunday and Legal $ /hour holidays Percentage markup for materials/supplies Percentage discount off price list Bidder's Affirmation - - Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: APPENDIX F Insurance Requirements ITB 2015- 137-AK POUR-IN-PLACE PLAYGROUND SURFACES AND BONDED AGGREGATE FOR LANDSCAPED AREAS 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 $1,000,000 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. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Insurance required above must include a Waiver of Subrogation in favor of the City. 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 "A-" as to management, and no less than "Class VII" 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. p Y 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. 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. r .7--- - - �.mN METRO-7 OP ID:MO ACORI7A DATE(MMlDD1YYYY) �� CERTIFICATE OF LIABILITY i INSURANCE 09/1'1/2015 - • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES - BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the poiicy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER - CONTACT Kahn-Carlin&Company,Inc. PHONEE FAX 3350 S..Dixie Nigh - 1A1C.-No,Ext): (A/C,No): • Miami,FL 33133-9984 E-MAIL Michael A.Bonet• ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# _INSURER A:Zurich-American Insurance Co 16535 INSURED Metro Express,Inc. INSURER B:American Guarantee&Liab Ins 26247 9442 109th Street INSURER C:North River Insurance Co. 21105 Medley,FL 33178 INSURER D:Brldgefield Employers Ins Co 10701 INSURER E • INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE JNSR_IM D POUCY NUMBER .MM/DD YYYYY)_(MMIDD/YYYY). LIMITS GENERAL LIABILITY - EACH OCCURRENCE $ 1,000,00' A X COMMERCIAL GENERAL LIABILITY X GLO 0184185-00 09N?J2015 09/12/2016 DAMAGE TO RENTED 300,00 PREMISES(Ea ooaEenoe) $ e CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,001 )( XCU Included • PERSONAL&ADV INJURY $ 1,000,''P- X PER PROJECT AGGRE GENERAL AGGREGATE $ 2,000,00' GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY I ^ l JECOT- n LOC $ 1 AUTOMOBIL E LLABILffY MB Dt)INGL E LIMIT $ 1,000,000 X ANY AUTO BAP 0184184-00 09/12/2015 09/12/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-O UTOS WNED PROPERTY DAMAGE $ X HIRED AUTOS X A _PER ACCIDENT) $ S . X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 3,000,001 C EXCESS UAB CLAIMS-MADE 581-105887-2 09/12/2015 09/12/2016 AGGREGATE ~$ 6,000,000 DED I X RETENTION$ 0 $ WORKERS COMPENSATION WC STATU- !TRH- AND EMPLOYERS'LIABILITY X TORY LIMITS _ ER D ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N!A 83038388 09/22/2015 09/22/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 1 If yes,describe under DESCRIPTION OF OPERATIONS below ' E.L.DISEASE-POUCY LIMIT $ 1,000,00' I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,Ir more space Is required) Re: ITB 2015-137-AK, Pour-In-Place Playground Surfaces and -Bonded Aggregate for Landscape Areas . The Certificate Holder is Additional Insured with respects to General Liability. i. CERTIFICATE HOLDER CANCELLATION MIAM-06 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Convention Center Drive 3rd Floor AUTHORIZED REPRESENTATIVE . Miami Beach,FL 33139 •'-- 2--i4-- ---- 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD • 1