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Certification of Contract with Team Contracting, Inc. (Group 1) MIAMIBEACH 016 V17(0 CTT'Y OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For the Purchase of Concrete Curbing/Sidewalks Construction, Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots. CONTRACT NO.: 2016-111-ND-ITB EFFECTIVE DATE(S): This Contract shall remain in effect for two (2) years from date of Contract execution by the Mayor and City Clerk, and may be extended at the sole discretion of the City, though its City Manager, for three (3) additional (1) year terms, if mutually agreed by both parties . SUPERSEDES: N/A CONTRACTOR(S): Team Contracting, Inc. (Group 1) ESTIMATED CONTRACT AMOUNT: $572,350.00 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on July 13, 2016 for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Team Contracting, Inc., a Florida corporation (the Contractor). B. EFFECT - This Contract is entered into to provide for the Purchase of Concrete Curbing/Sidewalks Construction, Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots, a non-exclusive basis, pursuant to City Invitation to Bid No. 2016-111-ND-ITB and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Department of Procurement Management policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2016-004-ITB-MT. 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, Roy Coley, Public Works Department Infrastructure/Director at 305-673-7000 ext. 7380. 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 1 Page 2 Certification of Contract any portion of work and/or services required by the Contract Documents without the prior written consent of the City. Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. 2 Page 3 Certification of Contract K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Alex Denis, Procurement Director City of Miami Beach Department of Procurement Management 1755 Meridian Avenue, 3`d Floor Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Team Contracting, Inc. 13911 SW 42 Street, Suite 209 Miami, FL. 33175 Attn: Daniel A. Gell Phone: 305-207-979.9 Fax: 305-207-9790 E-mail: dgell(a�team-contracting.com L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 3 Page 4 Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. 0. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to , be signed and attested on this M" day of/, ‘ c-1/4;-t , 20 E' by their respective duly authorized representatives. Team Contra 'ng, nc. CITY OF MIA :EACH i 02 By By I „_ P -siden ignature ' ,Sp Levine, Mayor - <ar- (6/1.7w Print Name ATTEST: ATTEST: ecretary/ Signature R. r "a. •, City Clerk 9.0m, Aii,, . Print Name . NC RPM} aTt : COUlia\te %;f- to .'�APPRO ED AS TO `FORN47- 'LANGUAGE &FOR EXECUTION ac, 0611(-- CI(°f(�0 City Attorney Rive Date • 5 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM i COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE BIDS RECEIVED PURSUANT TO INVITATION TO BID (ITB) NO. 2016-111-ND FOR THE PURCHASE OF CONCRETE CURBING/SIDEWALK CONSTRUCTION, ASPHALTIC CONCRETE/RELATED MATERIALS,AND STRIPING OF CITY STREETS AND PARKING LOTS. Key Intended Outcome Supported: Build and Maintain Priority Infrastructure with Full Accountability Supporting Data(Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation: The ITB was issued on April 11,2016. 417 bid notices were issued and a pre-bid conference was held on April 18,2016. On May 13,2016,bids were received from Team Contracting,Inc.(Team Contracting),H&R Paving, Inc.(H&R), Bergeron Land Development,Inc.(Bergeron),and Metro Express,Inc.(Metro).The bid tabulation is included in Appendix A.The due diligence review by staff of each bid received has found as follows: Group 1 —The lowest responsive,responsible bid received for Group 1 was submitted by Team Contracting.The bid received by Metro was found to be non-responsive for its failure to meet the minimum requirement,as stated in Section C1 (p.26),which required bidders to submit,with its bid,three(3)client references for which the Bidder has completed work,similar in nature to the scope of the ITB. Metro's bid failed to include the required references. Group 2—The lowest responsive bid received for Group 2 was submitted by H & R. However, to the matter of responsibility, staff has determined that H & R's prior performance on previous contracts has been poor as indicated in the attached contractor performance evaluations.The bid received by Metro was found to be non- responsive for its failure to meet the minimum requirement,as stated in Section C1 (p.26),which required bidders to submit,with its bid,three(3)client references for which the Bidder has completed work,similar in nature to the scope of the ITB.Metro's bid failed to include the required references.The bid submitted by Bergeron exceeded the City's cost expectations. Staff does not recommend an award of Group 2 at this time. Group 3—The lowest responsive bid received for Group 3 was submitted by H &R. However, to the matter of responsibility, staff has determined that H & R's prior performance on previous contracts has been poor as indicated in the attached contractor performance evaluations.The bid received by Metro was found to be non- responsive for its failure to meet the minimum requirement,as stated in Section C1 (p.26),which required bidders to submit,with its bid,three(3)client references for which the Bidder has completed work,similar in nature to the scope of the ITB. Metro's bid failed to include the required references.The bid submitted by Bergeron exceeded the City's cost expectations. Staff does not recommend an award of Group 3 at this time. Group 4—The sole bid received for Group 4 was submitted by Bergeron.However,the bid submitted by Bergeron exceeded the City's cost expectations. Staff does not recommend an award of Group 4 at this time. RECOMMENDATION The City Manager considered the staffs recommendation and bids received,pursuant to ITB 2016-111-ND,and recommends that the Mayor and City Commission approve the Resolution awarding a contract for Group 1 to Team Contracting,Inc.and rejecting all bids received for Groups 2-4,pursuant to invitation to bid(ITB)No.2016- 111-ND for the purchase of concrete curbing/sidewalk construction, asphaltic concrete/related materials, and striping of city streets and parking lots. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 Total Financial Impact Summary: The cost associated with the purchase of concrete/sidewalk construction, asphaltic concrete/related materials, and striping of city streets and parking lots is subject to the funds availability approved through the City's budgeting process. City Clerk's Office Legislative Tracking: Alex Denis, Roy Coley Sign-' •s: De• ent Director As ity M. : • City er AD /� RC E MT ( �' JLM T.V1GENDA1201• u •rocurement\2016. (ITB)For the Purchase of Concrete Curbi g.SEewalk Constru Concrete.Related Materials,a tying of Cfy Streets and Parking LaIOWem Summary 7,6.16.o. MIAMI BEACH AGENDA ITEM C -2 421 DATE /' 13 -X MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of t e City Co mission FROM: Jimmy L. Morales, City Manager DATE: July 13, 2016 SUBJECT:A RESOLUTION OF THE MAYOR AN CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEP NG THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE BIDS RECEIVED PURSUANT TO INVITATION TO BID(ITB)NO.2016-111-ND FOR THE PURCHASE OF CONCRETE CURBING/SIDEWALK CONSTRUCTION, ASPHALTIC CONCRETE/RELATED MATERIALS,AND STRIPING OF CITY STREETS AND PARKING LOTS. KEY INTENDED OUTCOME NA FUNDING The cost associated with the purchase of concrete/sidewalk construction, asphaltic concrete/related materials, and striping of city streets and parking lots is subject to the funds availability approved through the City's budgeting process. BACKGROUND On March 21, 2012, the City awarded agreements for concrete curbing/sidewalk construction, purchase of asphaltic concrete/related materials, and striping of city streets and parking lots. The current agreements expired on May 30, 2016. On April 11, 2016,the City issued an Invitation to Bid 2016-111-ND(the"ITB")to establish a successor contract, by means of sealed bids,for the purchase of concrete curbing sidewalk construction,asphaltic concrete/related materials,and the striping of city streets and parking lots. ITB PROCESS The ITB was issued on April 11, 2016. 417 bid notices were issued and a pre-bid conference was held on April 18, 2016. On May 13, 2016, bids were received from Team Contracting, Inc. (Team Contracting), H & R Paving, Inc. (H & R), Bergeron Land Development, Inc. (Bergeron), and Metro Express, Inc. (Metro). The bid tabulation is included in Appendix A.The due diligence review by staff of each bid received has found as follows: Group 1 — The lowest responsive, responsible bid received for Group 1 was submitted by Team Contracting. The bid received by Metro was found to be non- responsive for its failure to meet the minimum requirement,as stated in Section C1 (p.26),which required bidders to submit,with its bid,three(3)client references for which the Bidder has completed work, similar in nature to the scope of the ITB. Metro's bid failed to include the required references. 422 Commission Memorandum ITB 2016-111-ND For the Purchase of Concrete Curbing/Sidewalk Construction,Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots June 13,2016 Page 12 Group 2-The lowest responsive bid received for Group 2 was submitted by H & R. However, to the matter of responsibility, staff has determined that H&R's prior performance on previous contracts has been poor as indicated in the attached contractor performance evaluations. The bid received by Metro was found to be non-responsive for its failure to meet the minimum requirement, as stated in Section C1 (p.26), which required bidders to submit, with its bid, three (3) client references for which the Bidder has completed work,similar in nature to the scope of the ITB. Metro's bid failed to include the required references.The bid submitted by Bergeron exceeded the City's cost expectations.Staff does not recommend an award of Group 2 at this time. Group 3—The lowest responsive bid received for Group 3 was submitted by H & R. However,to the matter of responsibility, staff has determined that H & R's prior performance on previous contracts has been poor as indicated in the attached contractor performance evaluations. The bid received by Metro was found to be non-responsive for its failure to meet the minimum requirement, as stated in Section C1 (p.26), which required bidders to submit, with its bid, three (3) client references for which the Bidder has completed work,similar in nature to the scope of the ITB. Metro's bid failed to include the required references.The bid submitted by Bergeron exceeded the City's cost expectations.Staff does not recommend an award of Group 3 at this time. Group 4—The sole bid received for Group 4 was submitted by Bergeron.However, the bid submitted by Bergeron exceeded the City's cost expectations. Staff does not recommend an award of Group 4 at this time. CITY MANAGER'S RECOMMENDATION After considering staff's recommendation and the bids received, pursuant to ITB 2016-111- ND, I recommend that the Mayor and City Commission approve the Resolution awarding a contract for Group 1 to Team Contracting, Inc.,and rejecting all bids received for Groups 2- 4, pursuant to invitation to bid (ITB) No. 2016-11-ND for the purchase of concrete curbing/sidewalk construction, asphaltic concrete/related materials, and striping of city streets and parking lots. JLM / AD/ ND/RC T T:\A NDA\2016\July\Procurement\2016-111-ND (ITB) For the Purchase of Concrete Curbing.Sidewalk Construction, Asphaltic Concrete.Related Materials, and Striping of City Streets and Parking Lots\Memorandum 7.6.16.doc 423 . gi ch / I I i 2 m Z. / // /\ A / Q 3 I 2 m J 2 CC CO- CO If) . f CO / Csi ° , E - I I 3 { Ie I _ } J 2 Z £ . co < O \ - ®Lo / w w E § < / 7 CD _ _ – r « / j / 2E-o'— O / ] / k / / / of D ■ CD \ 0D '13:0 o o oCE06E $ E - £ o \ c _ o = o / 7 CU 3 AE 3 \ _ O ƒ 0 \) \ K 6- j \ § ƒ ± ;0 0 -6 2 \ § . / § / § \ 2 ) f T, j } • { 2 \ \ ) Cr 2 • ) / 2 § 424 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE AWARD OF A CONTRACT FOR GROUP 1 TO TEAM CONTRACTING, INC., AND TO REJECT ALL BIDS RECEIVED FOR GROUPS 2-4, PURSUANT TO INVITATION TO BID (ITB) NO. 2016-111- ND FOR THE PURCHASE OF CONCRETE CURBING/SIDEWALK CONSTRUCTION, ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS. WHEREAS, on March 21, 2012, the City awarded agreements for concrete curbing/sidewalk constructiori, purchase of asphaltic concrete/related materials, and striping of city streets and parking lots; and WHEREAS, the current agreements expired on May 30, 2016; and WHEREAS, on April 11, 2016, the City issued an Invitation to Bid 2016-111-ND (the "ITB") to establish a successor contract, by means of sealed bids, for the purchase of concrete curbing sidewalk construction, asphaltic concrete/related materials, and the striping of city streets and parking lots; and WHEREAS, on May 13, 2016, bids were received from Team Contracting, Inc. (Team Contracting), H & R Paving, Inc. (H & R), Bergeron Land Development, Inc. (Bergeron), and Metro Express, Inc. (Metro); and WHEREAS, the lowest responsive, responsible bid received for Group 1 was submitted by Team Contracting; and WHEREAS, staff recommends awarding a contract for Group 1 to Team Contracting; and WHEREAS, the bid received by Metro for Group 2 was found to be non- responsive; and WHEREAS, the lowest responsive bid received for Group 2 and Group 3 was submitted by H & R; and WHEREAS, staff has determined that H & R's prior performance on previous contracts has been unsatisfactory, as confirmed by the contractor performance evaluations on file; and • WHEREAS, the second lowest responsive, responsible bid for Group 2 and Group 3 was submitted by Bergeron and the bid exceeded the City's cost expectations; and WHEREAS, staff does not recommend an award of Group 2 and Group 3 at this time; and WHEREAS, the sole bid received for Group 4 was submitted by Bergeron and the bid exceeded the City's cost expectations; and 425 WHEREAS, staff does not recommend an award of Group 4 at this time. NOW, THEREFORE, BE .IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager to approve the award of a contract for Group 1 to Team Contracting, Inc., and to reject all bids received for Groups 2-4, pursuant to invitation to bid (ITB) No. 2016-111-ND for the purchase of concrete curbing/sidewalk construction, asphaltic concrete/related materials, and striping of city streets and parking lots. PASSED AND ADOPTED this day of 2016. ATTEST: RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR • APPROVED AS TO FORM & LANGUAGE &FO EX CUTION (( City Attorney T:W GENDA\2016\July\Procurement\2016-111-ND (ITB) For the Purchase of Concrete Curbing.Sidewalk Construction,Asphaltic Concrete.Related Materials, and Striping of City Streets and Parking Lots\ITB-2016-111-ND 426 ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3`u Floor, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 1 INVITATION TO BID (ITB) NO. 2016-111-ND FOR THE PURCHASE OF CONCRETE CURBING/SIDEWALK CONSTRUCTION, ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS May 6, 2016 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. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Friday, May 13,2016 at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 • Late bids 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. II. RESPONSES TO QUESTIONS RECEIVED Q#1: Will the City be providing the forms for conflict of interest, references and past performance, etc.? A#1: There are no specific forms for conflict of interest, references and past performance, etc. Per Section 0300, Proposal Submittal Instructions and Form, 2. Bid Proposal, please include your response as part of Tab 2. Q#2: What will the minimum size work order be? A#2: Typically, a minimum of 300 square feet that may require different locations to be addressed within a two city block area. However, the City reserves the right to request a work order that is smaller. Q#3: Please provide concrete paver type/size. A#3: The purpose of line 22 of the proposal tender form is to secured a fixed price for installation only of new pavers. If paver material is required, the City may negotiate material cost with the successful bidder or provide material to installer. Q#4: Will repair of damaged irrigation lines not installed per code be reimbursed? A#4: Irrigation systems not installed per Code are usually unpermitted systems, and as such should not be repaired or replaced. For this reason, contractors are not to be reimbursed for repairing illegal connections. Our practice is to have these capped at the property line. • Q#5: Will staging areas be provided? A#5: Yes, staging areas will be provided with advance notice. Q#6: Please elaborate on the concrete items that require additional equipment (Item #'s 2, 4, 11 & 13). Are you referring to a concrete pump in these items? Can you provide a sample of where this item might be used? A#6: Yes, a concrete pump is an example of the concrete items that require additional equipment. These items will be used for areas in which a truck cannot pour directly. Q#7: What is the engineer's estimate? A#7: There is no estimate as the purpose of this ITB is to establish a contract for future needs. • Q#8: Is there construction work involved or is this just for purchase? A#8: The purpose of this ITB is to secure contractor(s) who will furnish all labor, material, equipment, supervision and transportation necessary to deliver and install concrete, asphalt concrete, striping of city streets and parking lots, asphaltic concrete/related material, and concrete related material. Q#9: Where can I download the documents? A#9: As stipulated in Section 0200, Instructions to Bidders, 1. General, the City utilizes PublicPurchase (www.publicpurcase.com) for automatic notification of document fulfillment, including the issuance of any addendum to this ITB. Q#10: Also is there going to be any road elevation changes in the construction? A#10: Changes to road elevation are outside the scope of this ITB. Q#11: Is the city looking for the contractor to just provide the ADA mats when needed or to furnish and install them? If it is to furnish and install the mats, are we to include replacing the sidewalk flag that the cast in place ADA mat is embedded in? A#11: The City is looking for a contractor to furnish and install ADA mats and when • necessary replace the sidewalk flag that the cast in place ADA mat is embedded in. Q#12: Is the cost of the ADA mat to be included with the construction of the pedestrian ramp or will the ADA mat be in addition to the construction of the pedestrian ramp? A#12: The cost of the ADA mat must be included with the construction of the pedestrian ramp, as all ADA ramps must comply with ADA requirements. For purposes of completing the proposal tender form, prices should be provided as • follows: • • Item #18 Construct Pedestrian Ramp is for constructing a ramp without an ADA • Mat. (Sometimes a mat is not needed.) • Item #8 Cast in Place ADA Mat is only for the cost of the mat and the installation. (to install ramp with a mat, the City will be charged Item #8 and item #18) • Item #9 Surface Applied Mats is to furnish and install a mat on existing ramps. This may require removal of old/worn mat. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(@,miamibeachfl.gov. Procurement Contact: Telephone: Email: Natalia Delgado 305-673-7000, ext. 6263 nataliadelgado @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. e A -x P •cu • 'ent Director • MIAMI BEACH INVITATION TO BID ( ITB) FOR THE PURCHASE OF CONCRETE CURBING/SIDEWALK CONSTRUCTION, ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS 2016-111-ND BID ISSUANCE DATE: APRIL 11TH, 2016 BID DUE: MAY 10TH, 2016 @ 3:00 PM ISSUED BY: ® MIAMIBEACH NATALIA DELGADO, PROCUREMENT CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 Meridian Ave.3rd Floor, Miami Beach, FL 33139 305.673.7000 x62631 www.miamibeachfl.gov MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 15 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 APPENDIX G SUBCONTRACTOR LISTING FORM ITB 2016-1 1 1-ND 2 till MIAMI BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS 1.GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and,subsequently,the successful Bidders(s) (the"contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.oublicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this bid is to establish a contract, by means of sealed bids, for the purchase of concrete curbing sidewalk construction, asphaltic concrete/related materials, and the striping of city streets and parking lots, as specified herein. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued April 11,2016 Pre-Bid Meeting April 18,2016 @ 9:00 a.m. (EST) Deadline for Receipt of Questions April 28,2016 Responses Due May 10, 2016 @ 3:00 p.m. (EST) Tentative Commission Approval Authorizing Award June 8, 2016 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Natalia Del•ado 305-673-7000 x6263 nataliadel•ado• miamibeachfl.•ov dditionally, the City Clerk is to be copied on all communications via e-mail at RafaelGranado(c�miamibeachfl.dov: or via 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. ITB 2016-1 1 1-ND 3 r® MIAMI BEACH 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room C 1755 Meridian Ave.3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation.Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.munimde.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 scticitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado @miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolufons, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/procurement/scroll.aspx?id=23510 • CONE OF SILErE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PeOCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN COIiRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENTFOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FORDOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE FEQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • LOCAL PREFEFENCE FOR MIAMI BEACH BASED VENDORS CITY CODE SECTION 2 372 ITB 2016-1 1 1-ND 4 MIAMI BEACH • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work,or award. • Study and carefully correlate Bidders observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. - 11. 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 M.=1 1 ND 5 MIAMI BEACH 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 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 AWARD.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 Procurement Department 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 ITB 2016-1 1 1-ND 6 MIAMI BEACH 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. 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 ten (10)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 ITB 2016-1 1 1-ND 7 MIAMI BEACH 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, 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 Procurement Department (DPM), 1755 Meridian Ave. 3rd Floor, 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 ITB 2016-1 1 1-ND 8 MIAMI BEACH the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the 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. 36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid,with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. 37. 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. 38. 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 ITB 2016-1 1 1-ND 9 MIAMI BEACH product(s)offered conform with or exceed quality as listed in the specifications. 39. 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. 40. 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. 41. 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. 42. 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. 43. 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. 44. 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. 45. 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. ITB 2016-111-ND 10 MIAMI BEACH 46. 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. 47. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and,shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided.The above indemnification provisions shall survive the expiration or termination of this Agreement. 48. 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. 49. 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. 50. 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. 51. 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. 52. 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. 53. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, ITB 2016-1 1 1-ND 11 ® MIAMI BEACH 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. 54. MODIFICATION/WITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 55. 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. 56. 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. 57. 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. 58. 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. 59. 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. 60. 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). 61. PRODUCT INFORMATION. Product literature, specifications, and technical information, including ITB 2016-1 1 1-ND 12 MIAMI BEACH 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. 62. 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. 63. 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, 1755 Meridian Ave. 3rd Floor, Miami Beach, FL 33139. 64. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 65. 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. 66. 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. 67.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 68. 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. 69. 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 ITB 2016-1 1 1-ND 13 al MIAMI BEACH 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. 70. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination,which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services • actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 71. 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. 72. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. ITB 2016-1 1 1-ND 14 MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within 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). 3. 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 2016-111-ND 15 APPENDIX A MIAMI BEACH Proposal Certification , Questionnaire & Requirements Affidavit ITB 2016- 111 -ND For the Purchase of Concrete Curbing/Sidewalk Construction, Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 ITB 2016-1 1 1-ND 16 Solicitation No: Solicitation Title: • 2016-111-ND For the Purchase of Concrete Curbing/Sidewalk Construction, Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots Procurement Contact: - Tel: Email: Natalia Delgado 305-673-7000 x6263 nataliadelgado @miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No.of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: • ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s),including but not limited to:any firm or principal information,applicable licensure,resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ITB 2016-111-ND 17 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Financial Capacity.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.comlwebaoo/wcs/stores/servlet/SuOPIierPortal?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),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. 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- erformance by an ublic 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 ITB 2016-1 1 1-ND 18 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/procurement/. 9. • . • • 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 ITB 2016-1 1 1-ND 19 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/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 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 addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to 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 2016-1 1 1-ND 20 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, induding 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, 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 govemed by and construed in accordance with the laws of the State of Florida. ITB 2016-1 1 1-ND 21 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 of My Commission Expires: • ITB 2016-1 1 1-ND 22 • APPENDIX B 6:1 MAMIBEACH " No Bid " Form ITB 2016- 111 -ND For the Purchase of Concrete Curbing/Sidewalk Construction, Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 Note If is importantt for those vendors who have received notification of this solicitation but have decided not.to respond to_complete and submit., the attached "Statement of No Bid:' The "Statement of No Bid" provides 'Ithe City with information on how to improve the solicitation process: Failure to submit a "Statement Of NO B id" may result in not being,notified, of future solicitations`by the City. ITB 2016-1 1 1-ND 23 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: Natalia Delgado, Procurement Contracting Officer I PROPOSAL#2016-111-ND 1755 Meridian Ave. 3rd Floor MIAMI BEACH, FL 33139 ITB 2016-1 1 1-ND 24 APPENDIX C P. MIAMIBEACH Minimum Requirements Specifications ITB 2016- 111 -ND For the Purchase of Concrete Curbing/Sidewalk Construction, Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 ITB 2016-1 1 1-ND 25 C1. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit, with its bid, the required submittal(s)documenting compliance with each minimum requirement. Proposers that fail to include the required submittals with its bid or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1. Bidder shall provide three (3) client references for which the Bidder has completed work, similar in nature to the scope of this ITB, within the last three years and at a cost of one-hundred thousand dollars($100,000)or more in construction work. For purposes of compliance with this minimum experience requirement, the term "Bidder" is hereby defined to mean either the business entity or the individual employed by the contractor ("Qualifier")which is submitting a bid pursuant to the ITB. Required Submittals: For each qualifying project,submit project name, project contact information(phone and email), indicate scope of work and prime proposer's role in project. 2. Prospective Bidders must have a valid certified General Contractor's License issued by the State of Florida. C2. Statement of Work Required. The work specified in this bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for concrete/curbing and sidewalk construction, the purchase of asphaltic concrete/related materials, and theItriping of City streets and parking lots, in accordance with the bid documents. Award of this contract will be made to the lowest priced responsive, responsible vendor on a group- by-group basis. To be considered for award for a given group, the vendor shall offer prices for all items with the given group. The City will then select the vendor for award for each group by totaling either the unite prices for a all of the items within each group, or if so structured, by totaling the extended pricing for each item within each group. If a vendor fails to submit an offer for all items within the group, its offer for that specific group may be rejected. C3. Minimum specifications: Group 1 Concrete Curbing/Sidewalk Construction The applicable portions of the Miami Beach Public Works Manual and the Standard Specifications for Road and Bridge Construction of the Florida Department of Transportation, Edition of 1991, and its supplements, as amended, shall establish the minimum standard for all work performed as a result of this ITB and shall be further supplemented and amended by the General Specifications and Special Provisions contained herein. Wheelchair curb ramps shall be constructed to be in full compliance with all Americans with Disabilities Act Accessibility Guidelines standards and Florida Accessibility Code standards, as well as any other required and relevant standards. ITB 2016-1 1 1-ND 26 1.1. Technical Specification The Contractor shall provide all supervision, labor, materials (including forming), maintenance of traffic and equipment required to complete the work, at a site or sites designated by the City. 1.1.1 Removal and replacement of existing curb and gutter and or sidewalks. These items include removal of existing concrete and disposal of materials to legal sites provided by the Contractor. 1.1.2 Concrete Sidewalk (4" thick) outside of driveways per Miami Beach Public Works Manual. 1.1.3 Concrete Sidewalk or Driveway (6" thick): with WWF 6" x 6" x 10 10G through driveways per Miami Beach Public Works. 1.1.4 Construction of pedestrian ramps shall be in accordance with the City of Miami Beach Detail, Pedestrian Ramps in Public Right-of-Way. It shall include the cost of removal of existing sidewalk and the preparation of the base as described herein. 1.1.5 Extra Strength Concrete (4,000 psi): All concrete items shall be constructed using Class I concrete having a minimum 28 day compressive strength of 3,000 psi, unless 4,000 psi concrete is specified in Work Order. This item has been established to compensate the Contractor for the difference in cost of utilizing this higher strength concrete. When 4,000 psi concrete is specified, the Contractor shall be paid the Contract unit price bid for sidewalk or curb and gutter, as appropriate,and shall also be paid the contract unit price bid for 4,000 psi concrete. The quantity to be paid for shall be the actual volume, in cubic yards, of 4,000 psi concrete in place and accepted. 1.1.6 Colored Concrete Sidewalks and Ramps: All concrete used in the replacement or construction of sidewalks and pedestrian ramps shall be of Color Concrete mix as specified below unless directed otherwise by the Street Superintendent or City Engineer. Where quantities of concrete to be used in one pour is equal to or more than three cubic yards, an integral colored concrete mix shall be used. The dust- on/dry-shake coloring shall be allowed only when the total concrete quantity in one work order is less than three cubic yards or if directed by the City Engineer or his representative: Integral Color Concrete Mix Design: Design mix to provide normal weight, regular or air-entrained pump mix concrete with a minimum of 470 lbs. of Portland cement to achieve 3000 psi or more 28 day compressive strength. Mix one unit of Lambco Color pigment in "Miami Beach Red" color, packaged in one yard increments in dispersible "Clean Color" packaging as manufactured by Lambert Corporation; Orlando, Florida, 800-432-4746 or L. M. Scofield Co., Sunrise, Florida, 800-800- 9900. ITB 2016-1 1 1-ND 27 1.1.7 Concrete Pavers: Installation or remove and replace existing concrete pavers in roadways or pedestrian walkways. This may include compacted subgrade, concrete cast in place edge restraints 6 inch 3000 psi concrete slab, and a minimum of 1 %2"sand leveling course. 1.1.8 Utility Boxes: Removal and Installation of City provided utility boxes. Installation will include removal of dirt to expose meter, 4" thick pea rock base underneath meter. Install City provided utility box in 6"concrete collar. Utility boxes should be supported at the base by brick or other method. 1.1.9 Restoration and dressing of all replaced surface shall be accomplished by removal of all forms of broken concrete, rock and other debris and backfilling all abutting areas to the new concrete with proper soil and sod. 1.1.10 All areas of removal are to be done in a careful manner so as not to cause damage to abutting concrete surface. Saw cutting may be needed to prevent additional damage. Contractor has to protect monuments, survey pipes metal castings, etc. encountered in the replacement or new work area, and shall make any necessary adjustments of these items so as to conform to the finish grade of his work. Contractor shall be responsible for restoring sidewalk anchors, flags, etc., which may be encountered, such as hurricane shutter fasteners in commercial areas. Contractor shall be responsible for protecting, in a satisfactory manner to the - Street Superintendent, any roof drainage pipe encountered in the area of removal and replacement. Cold joint or a solid plate will be required every 40 L.F. to 60 L.F. of the work. Expansion material may be called for as directed by the Engineer, to be placed at abutting Special Conditions. All areas removed by the Contractor are to be replaced and stored within two days of removal and shall be properly barricaded by the Contractor in the interim time. 1.1.11 Pavement Restoration Abutting Restored Areas: Asphalt will be saw cut as directed by the Street Superintendent or authorized representative. All cuts will be parallel to the curb line. Areas void of limerock will be filled with limerock and compacted to required density as directed by the Superintendent. A minimum 2" hot mix asphalt(as directed by the City)to be used to complete restoration and will be compacted by use of roller or vibratory plate. Finished surface to be free of ridges or valleys and imperfections that may cause the surface to hold water or create a tripping hazard. All work is to be inspected and accepted by the Street Superintendent or his representative prior to payment. Upon receipt of a Work Order, the Contractor shall commence work upon the site(s) within seven (7) calendar days, and continue such work in an expeditious manner to a conclusion acceptable to the Engineer. ITB 2016-1 1 1-ND 28 1.2. Control of the Work 1.2.1 Inspectors: Inspectors employed by the City shall be authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of the Work and to the preparation or manufacture of the materials to be used. An inspector may be stationed on the Work to report to the engineer as to the progress of the Work and the manner in which it is being performed; also to report whenever it appears that the materials furnished and work performed by the Contractor fail to fulfill the requirements of the Specifications and Contract, and to call to the attention of the Contractor any such failure or other infringements. Such inspection, however, shall not relieve the Contractor from any obligation to perform all the Work strictly in accordance with the requirements of the Specifications. In case of any dispute arising between the Contractor and the Inspector as to material furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or suspend the Work until the question at issue can be referred to and decided by the engineer. The Inspector shall perform such other duties as are assigned to him. He shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of these Specifications, not to approve or accept any portion of work, nor to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as Foreman or perform other duties for the Contractor, nor interfere with the management of the Work by the latter. Any advice which the Inspector may give the Contractor shall in no way be construed as binding the engineer in any way, nor releasing the Contractor from fulfillment of the terms of the Contract. Ordinarily one Inspector will be employed by the City for each section of the Work under Contract; but if, on account of any apparent disregard of these Specifications, additional Inspectors shall be required, they will be employed by the City at the rate of$150.00 per diem each, and the cost of same charged to the Contractor and deducted from the final payment. 1.2.2 Inspection: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work performed and materials used are in accordance with the requirements and intent of the Specifications and Contract. If the engineer requests it, the Contractor shall at any time before final acceptance of the Work remove or uncover such portions of the finished Work as may be directed. After examination the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the Work thus exposed or examined prove acceptable, the uncovering or removing, and the replacing of the covering or making good of the parts removed, shall be paid for as "Extra Work," but should the work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed, shall be at the Contractor's expense. No work shall be done nor materials used without suitable supervision or inspection ITB 2016-1 1 1-ND 29 by the Engineer or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered, or obligate the City to final acceptance. 1.2.3 Failure to Remove and Renew Defective Materials and Work: Should the Contractor fail or refuse to remove and renew any defective materials used or work performed, or to make any necessary repairs in an acceptable manner and in accordance with the requirements of these Specifications within the time indicated in writing, the engineer shall have the authority to cause the unacceptable or defective materials or work to be removed and renewed, or such repairs as may be necessary, to be made at the Contractor's expense. Any expense incurred by the City in making these removals, renewals or repairs, which the Contractor has failed or refused to make, shall be paid for out of any monies due or which may become due the Contractor or may be charged against the "Contract Bond" deposited; and continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully, and in an acceptable manner shall be sufficient cause for the City, at its option, may purchase materials, tools, and equipment and employ labor or may contract with any other individual, firm, or corporation to perform the Work. All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any monies due or which may become due him, or shall be charged against the "Contract Bond" deposited. Any work performed, as described in this paragraph, shall not relieve the Contractor in any way from his responsibility for the work performed by him. 1.2.4 Final Inspection: Whenever the Work provided and contemplated by the Contractor shall have been satisfactorily completed and the final cleaning up performed, the engineer shall within ten (10) days, unless otherwise provided, make the final inspection. 1.3. Control of Material 1.3.1 Source of Supply and Quality of Materials: At the option of the engineer the source of supply for each of the materials shall be approved by the engineer before the delivery is started. Representative preliminary samples of the character and quality described shall be submitted by the Contractor or producer for examination and tested in accordance with the methods referred to under Samples and Tests, Paragraph B, below. Only materials conforming to the requirements of these Specifications and approved by the Engineer shall be used in the Work. All materials proposed to be used may be inspected or tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any sources proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources: No material which after approval has in any way become unfit for use shall be used in the Work. ITB 2016-1 1 1-ND 30 1.3.2 Samples and Tests: For the purpose of assisting his judgment the Engineer may require any or all materials to be subject to test by means of samples or otherwise as he may determine. The Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples and shall not make use of or incorporate in the Work any material represented by the samples until the tests have been made and the materials found in accordance with the requirements of the Specifications and are acceptable. The Contractor in all cases shall furnish and deliver the required samples without charge. Samples shall be furnished sufficiently in advance so that the results of the required tests may be secured prior to the incorporation of the material in the Work. The manner of collecting and testing samples, as well as all apparatus and equipment used for this purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case may be, insofar as these are applicable- unless specifically stated otherwise. 1.3.3 Storage of Materials: Materials shall be stored so as to insure their preservation and quality and fitness for the work, and shall be so located as to facilitate prompt inspection. Materials improperly stored may be rejected without testing. 1.3.4 Defective Materials: All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the Work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approval has been given. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. 1.4. Legal Relations and Responsibility to the Public 1.4.1 Permits, Licenses, & Occupational Licenses: The Contractor shall procure all permits and licenses as required. There will be no charge for the construction permits issued by the City of Miami Beach. The Contractor shall also give all notices necessary and incident to the due and lawful prosecution of the Work. 1.4.2 Right of Way: In cases where the Work is done on private property the City guarantees the Contractor the right-of-way for the construction of the Work, but the Contractor must take all precautions not to inconvenience the tenant or property owner any more than necessary. The right is reserved to omit any sections of the Work which depend upon a right-of-way grant in case such right-of-way is denied the City. The Contractor shall have no claims for damage due to delay by the City in furnishing necessary right-of-way, but should any such delay occur the Contractor ITB 2016-1 1 1-ND 31 shall be entitled to such extension of time for the completion of his Contract as may be determined by the City to be reasonable. In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided under "Extra Work." Should the.Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 1.4.3 Restoration of Surfaces Opened by Permit: Any individual, firm, or corporation wishing to make an opening in the street must secure a permit from, and will be required to deposit security with, the Engineer, in a suitable amount to cover the cost of making the necessary repairs, and the Contractor shall not allow any person or persons to make an opening unless a duly authorized permit from the City is presented. The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or service pipe or their accessories at any time before the completion of the Work. The Contractor is to exercise such supervision thereof as will protect him against defects in the finished Work. In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 1.4.4 Sanitary Provisions: Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements and regulations of State and County Boards of Health. He shall commit no public nuisance. 1.4.5 Public Convenience and Safety: Contractor shall conduct the Work so as to insure the least obstruction to traffic practicable, and shall provide for the convenience of the general public and of residents along and adjacent to the Work in a manner satisfactory to the Engineer. Materials and equipment stored upon the Work shall be placed so as to cause as little obstruction to the public as possible and shall be lighted and barricaded as hereinafter provided. 1.4.6 Closing Streets: Streets shall not be closed except when and where directed by the Engineer, and whenever the street is not closed the Work must be so conducted that there shall at all times be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part of the Work the Contractor shall provide and maintain a passable driveway as directed by the Engineer. ITB 2016-1 1 1-ND 32 Suitable barricades, danger warnings, detour signs, etc., as hereinafter provided, shall be maintained by the Contractor in all cases and the Engineers office and the Fire Department shall immediately be notified by telephone or otherwise upon the closing and/or opening of each street or section thereof. 1.4.7 Barricades, Warnings, and Detour Signs: The Contractor shall provide, erect, and maintain, at his own expense, barricades, danger warnings, and detour signs whenever they may be necessary. He shall place sufficient lights on and/or near the Work and keep them burning from twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the Work; provide all watchmen by day or night and take all other precautions that may be necessary; shall maintain proper guards and lights for the prevention of accidents upon materials, supplies, and equipment, and take all other precautions that may be necessary for the proper protection of the Work and public convenience and safety. Streets closed to traffic shall be protected by effective barricades on which shall be placed acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour signs at all closures, intersections, and along the detour routes, directing the traffic around the closed portion or portions of the Work, so that the temporary detour route or routes shall be indicated clearly throughout its or their entire length. 1.4.8 Maintenance of Traffic 1.4.8.1 Work shall be conducted in such a manner that all streets shall be open to traffic at night. Approved and sufficient barricades, signs and lighting shall be maintained at all times for the safety of the public and traffic, and to insure that no traffic will pass over the placed material until the material is cured. 1.4.8.2 Work areas must be barricaded by the Contractor 24 hours prior to commencement of the work. 1.4.8.3 It will be the responsibility of the Contractor to provide all barricades, signs, and lighting in accordance with the above stated requirements. The Contractor shall be responsible for providing an off duty police officer, if necessary to complete the job. 1.4.9 Fire Hydrants, Gutters, Etc.: Fire hydrants on or adjacent to the Work shall be kept accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten (10) feet of any such hydrant. Adjacent premises must be given access as far as practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted. 1.4.10 Use of Explosives: Unless otherwise expressly stipulated herein, the use of explosives is not contemplated in the prosecution of this Contract, and in no case ITB 2016-1 1 1-ND 33 will their use be permitted without the written permission of the City Engineer and a permit issued by the Chief of the Fire Department. Where such permission for the use of explosives is obtained the Contractor shall use the utmost care so as not to endanger life or property, and whenever directed the number and size of the charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage places shall be marked clearly, "DANGEROUS EXPLOSIVES,"and shall be in the care of competent watchmen. 1.4.11 Preservation of Property: The Contractor shall preserve from danger all property along the line of Work, the removal or destruction of which is not called for by the Plans. This applies to public utilities, trees, lawns, buildings, fences, bridges, pavements, and other structures, monuments, pipe, underground structures, etc., and wherever such property is damaged due to the activities of the Contractor it shall be immediately restored to its original condition by the Contractor and at his own expense. The Contractor shall give due notice to any department or public service corporation controlling manholes, valve jackets, meter boxes, street monuments, etc., prior to adjusting them to grade, and shall be held strictly liable to the City if any such appliances are covered up during the construction of the Work. In such case of failure on the part of the Contractor to restore any such property, or make good any damage or injury thereto, the Engineer may, upon forty-eight hours'notice, proceed to repair, rebuild,or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the Contractor under this Contract. Nothing in this clause shall prevent the Contractor from receiving proper compensation for the removal or replacement of any public or private property when same is made necessary by alteration of grade or alignment, and such work is authorized by the Engineer, provided that such property has not been damaged through fault of the Contractor, his employees,or agents. 1.4.12 Responsibility for Damage: The Contractor shall indemnify and save harmless the City, agents, and employees from all suits, actions, or claims of any character, name, and description brought for, or on account of, any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor, or by, or in consequence of, any neglect in safeguarding the Work, or through the use of unacceptable materials in the construction of the improvement, or by, or on account of any act of omission, neglect, or misconduct of the said Contractor, or by, or on account of, any claims or amounts recovered for any infringement of patent, trademark, or copyright, or from any claims or amounts arising or recovered under the "Workmen's Compensation Law"or any other laws, by-laws, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his Contract as shall be considered necessary by the Engineer may be retained for the use of the City, or in case no money is due, his surety shall be held until such suit or suits, action or actions, claim or ITB 2016-1 1 1-ND 34 claims, for injuries or damages, as aforesaid, shall have been settled and suitable evidence to that effect furnished to the Engineer. The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor, and other just claims against him or any subcontractor in connection with this Contract and his bonds will not be released by final acceptance and payment by the City unless all such claims are paid or released. 1.4.13 Contractor Responsibility for Work: Until acceptance of the Work by the City it shall be under the charge and care of the Contractor and he shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause whatsoever arising from the execution or from the non execution of the Work. The Contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance except such ordinary wear and tear as may be due to use on sections opened for service, as hereinafter provided. 1.4.14 Opening of Section of Work for Service: Whenever, in the opinion of the Engineer, any portion of the Work is in acceptable condition for use it shall be opened for service as may be directed and such opening shall not be held to be in any way an acceptance of the work or any part of it or as a waiver of any provisions of these Specifications and Contract. Necessary repairs or renewals made on any section of the Work due to its being opened for use under instructions from the Engineer, to defective materials or work, or to natural causes other than ordinary wear and tear, pending completion and acceptance of the Work, shall be performed at the expense of the Contractor. 1.4.15 No Waiver of Legal Rights: The City reserves the right, should an error be discovered in the partial or final estimates, or should conclusive proofs of defective work or materials used by or on the part of the Contractor be discovered after the final payment has been made, to claim and recover by process of law such sums as may be sufficient to correct the error or make good the defects in the work and materials. 14.16 Liabilities and Duties of Contractor Not Limited: The mention of any specific duty or liability upon the Contractor in any part of the Specifications shall not be construed as a limitation or restriction upon general liability or duty imposed upon the Contractor by the Specifications, said reference to any specific duty or liability being for purposes of explanation only. No waiver of any breach of the Contract shall constitute a waiver of any subsequent breach of any part thereof, nor of the Contract. 1.5. Prosecution and Progress 1.5.1 Subletting or Assigning Contracts: The Contractor will not be permitted to sublet, assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, ITB 2016-1 1 1-ND 35 or of his right, title, or interest therein to any individual, firm, or corporation without the written consent of the City. In case such approval is given the Contractor must file with the Engineer copies of all sub-Contracts. No sub-Contracts or transfer of Contract shall in any case release the Contractor of his liability under this Contract and Bond. 1.5.2 Progress of Work: It is understood and agreed that the Contractor shall commence work not later than the time limit for beginning as set forth in the attached Proposal, and shall provide an adequate force of labor and equipment to prosecute the Work at as many different points as may be deemed necessary by the Engineer so as to insure the completion of the same within the time limit for completion as set forth in the attached Proposal or Contract, except that where the Contractor has more than one uncompleted Contract with the City, he is not to commence another Contract nor place materials on the streets thereof without the consent of the Engineer. 1.5.3 Limitations of Operations: The work is to be confined, at any one time, to an area not to exceed 1,500 feet in length; and while the work is actually going on, as much as half this length may be barricaded to entirely exclude traffic, but not over half; nor will two consecutive street intersections be allowed to be entirely closed to exclude traffic except by written consent of the Engineer. Street traffic is not to be needlessly obstructed but no street is to be opened to traffic until the Engineer gives his consent. The Contractor may erect or maintain along the lines of his work such tool boxes, sheds, storehouses, or other buildings as may be necessary, provided such structures do not interfere with the reasonable use of the streets or sidewalks. The size, location, and construction of these must be subject to the approval of the Engineer. The Contractor hereby agrees to arrange his work and dispose his materials so as not to interfere with the operations of other contractors engaged upon adjacent work and to join his work to that of others in a proper manner in accordance with the spirit of the Plans and Specifications, and to perform his work in the proper sequence in relation to that of other Contractors, all as may be directed by the Engineer. • Each Contractor shall be held responsible for any damage done by him or his agents to the work performed by another Contractor. Each Contractor shall so conduct his operations and maintain the Work in such condition that adequate drainage shall be in effect at all times. 1.5.4 Character of Workmen and Equipment: The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent. Whenever the Engineer shall determine that any person employed by the Contractor is, in his opinion, incompetent, unfaithful, disorderly, or insubordinate such person shall, upon notice, be discharged from the Work and shall not again be employed on it except with written consent of the Engineer. ITB 2016-1 1 1-ND 36 All workmen must have sufficient skill and experience to properly perform the work assigned them. All workmen engaged on special work or skilled work, or in any trade, shall have had sufficient experience in such work to properly and satisfactorily perform it and to operate the equipment involved, and shall make due and proper effort to execute the Work in the manner prescribed in these Specifications. Otherwise the Engineer may take action as above prescribed. Should the Contractor fail to remove such person or persons, or fail to furnish suitable or sufficient machinery, equipment, or force for the proper prosecution of the Work, the Engineer may withhold all estimates which are or may become due, or may suspend the Work until such orders are complied with. The equipment used on any portion of the Work shall be such that no injury to the roadway, adjacent property, or other highways will result from its use; and no item of machinery or equipment, after once being place on the Work, shall be removed without the consent of the Engineer. 1.5.5 Temporary Suspension of Work: The City or Engineer shall have the authority to suspend the Work wholly or in part for such period or periods as may be deemed necessary due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the Work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the Contract. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the traveling public unnecessarily, nor become damaged in any way, and he shall take every reasonable precaution to prevent damage or deterioration of the work performed; provide suitable drainage of the roadway by opening ditches, shoulder drains, etc., and erect temporary structures where directed. The Contractor shall not suspend the Work and shall not remove any equipment, tools, lumber, or other materials without the written permission of the Engineer. No allowance of any kind will be made for such suspension of work except an equivalent extension of time for completion of the Contract. 1.5.6 Computation of Contract Time for Completion of the Work: Contractor shall perform fully, entirely, and in accordance with these Specifications the Work contracted for within specified time stated in the attached Proposal. In adjusting the contract time for the completion of the Work, the length of time expressed in days, during which the prosecution of the Work has been delayed in consequence of any suspension of work ordered by the Engineer, or omission of the City and not by any fault of the Contractor, shall be added to the contract time as set forth in the attached Proposal, all of which shall be determined by the Engineer, and whose determination shall be binding and conclusive upon both parties to the Contract. If the satisfactory execution and completion of the contract, shall require work or material in greater value than set forth in the contract, then the contract time shall be increased in the same ratio as the additional value bears to the original value contracted for. No allowance shall be made for delay or suspension ITB 2016-1 1 1-ND 37 of the prosecution of the work due to fault or negligence of the Contractor. No claim for damages shall be made or allowed on account of delay or postponement occasioned by the precedence of other contracts which may be either let or executed before the execution of the Contract, or on account of the streets or structures adjacent to the Work not being in the condition contemplated by the parties at the time of making the Contract, or on account of delay in the removal of obstructions; but if the Contractor shall be delayed in the performance of his work by reason of the streets or structures adjacent to the Work not being in condition contemplated, or on account of delay in the removal of obstructions, or by reason of the Work or any part thereof being suspended on account of other contracts, or for any other reason, such allowance of time will be made as the Engineer shall deem reasonable. 1.5.7 Failure to Complete the Work on Time: The Work to be done under this Contract is to be begun on or before the date set forth in the attached Proposal, and shall be prosecuted with proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed within the time limit set forth in the attached Proposal, and it is understood and agreed that the time limit for the completion of said Work is of the essence of the Contract, and should the Contractor fail to complete the Work on or before the date specified it is agreed that for each calendar day that any work shall remain uncompleted, after the time specified in the attached Proposal, with any extension of time which may be allowed by the Engineer for the completion of the Work provided for in these Plans, Specifications, Special Provisions, and Contract, the sum per day given in the following schedule shall be deducted from the monies due to the Contractor, not as a penalty but as liquidated damages and added expense for supervision on each Contract. The Contractor shall take into account all contingent work which has to be done by other parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said contingent work as an excuse for delay in his work or for its non-performance. Nothing in this clause shall be construed as limiting the right of the City to declare the Contract forfeited, to take over the Work, or to claim damages for the failure of the Contractor to abide by each and every one of the terms of this Contract as set forth and provided for in the General Provisions, Special Provisions, and Specifications herein contained. 1.5.8 Annulment of Contract: If the Contractor fails to begin the Work under Contract within the time specified, or fails to perform the Work with sufficient workmen and equipment or with sufficient materials to insure the prompt completion of said Work, or shall perform the Work unsuitably, or shall neglect or refuse to 'remove materials or perform anew such work as shall be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work, or if the Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy ITB 2016-1 1 1-ND 38 or insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty eight (48) hours, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, the Engineer may give notice in writing to the Contractor and his Surety of such delay, neglect, or default, specifying the same, and if the Contractor, within a period of ten (10) days after such notice shall not proceed in accordance therewith, then the City shall upon written certificate from the Engineer of the fact of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority, without violating the Contract, to take the prosecution of the work out of the hands of said Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in its opinion shall seem advisable for the completion of said Contract in an acceptable manner. All costs and charges incurred by the City, together with the costs of completing the Work under contract, shall be deducted from any monies due or which may become due said Contractor. In case the expense shall exceed the sum which would have been payable under the Contract, then the Contractor and the Surety shall be liable and shall pay to the City the amount of said excess. 1.5.9 Termination of Contractor's Responsibility: This Contract will be considered complete when all work has been completed, final inspection made, and the work accepted by the City as hereinafter provided. The Contractor will then be released from further obligation except as set forth in his bond. 1.6. Measurement and Payment Acceptance and Final Payment: Whenever the improvement provided for under this Contract shall have been completely performed on the part of the Contractor, and all parts of the Work have been approved by the engineer according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, the engineer, after final inspection as provided herein, shall certify such fact to the City in writing, recommending the acceptance of the Work. Upon acceptance of the Work by the City, a Final Estimate showing the value of the Work will be prepared by the engineer as soon as the necessary measurements and computations can be made all prior certificates or estimates upon which payments have been made being approximate only and subject to correction in the Final Estimate. The amount of the Final Estimate, less any sums that may have been deducted or retained under the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the Final Estimate has been approved by the City, provided that the Contractor has furnished to the City, a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with the Work done under this Contract. Upon this final payment the City is to be released from all liability whatever growing out of this Contract. ITB 2016-1 1 1-ND 39 • 1.7. Special Provisions 1.7.1 Protection to Public: The Contractor shall erect and maintain barricades and warning signs to protect the public during the course of the work. The Contractor shall take every precaution to protect the abutting properties and minimize the possibility of damage to same. Contractor shall be liable for restoration of all property including City property. - 1.7.2 Permits: The Contractor shall procure all permits and licenses as required; however, there will be no charge for the construction permits issued by the City of Miami Beach. 1.7.3 Conflict between Special Provisions and General Provisions: In case of conflict between the requirements of Special Provisions and General Provisions, the requirements of the Special Provisions will prevail. 1.7.4 Limitations of Operations: No work shall be accomplished on Saturdays and Sundays. No work shall take place between the hours of 6:00 p.m. and 7:00 a.m.; however, the contractor may take necessary precautions to protect work already accomplished. For any work that the contractor finds necessary to provide during the above days and times, the contractor must obtain written authorization from the Public Works or Parking Dept. Director,or designated Representative. Group 2 Milling and Resurfacing of Asphalt Concrete and Striping of City Streets and Parking Lots 2.1. Scope of Work for Milling and Resurfacing of Asphalt Concrete 2.1.1 Reworking Limerock Base: Rework(or rework and widen)the existing rock base, by adding new limerock material as required. Meet the limerock material requirements as specified by the Florida Department of Transportation (FDOT) standards. The contractor may use limerock of either Miami Oolite or Ocala Formation but only use limerock of one formation on any contract. Limerock base material shall be compacted to a density of not less than 98%of maximum dry density as determined by AASHTO-T180 under all paved areas. 2.1.2 Preparing Surface: Prior to the application of the surface course, all loose material,dust, dirt and all foreign material which might prevent proper bond with the existing surface shall be removed to the full width of the treatment by means of revolving brooms or approved mechanical sweeper, supplemented by hand sweeping if required. 2.1.3 Tack Coat:Tack coat shall be Grade RS-2 in accordance with the current Specifications of the Florida Department of Transportation and shall be heated to such consistency that it can be pumped. It shall then be applied to the cleaned, patched and dry surface from an approved pressure distributor, by means of a ITB 2016-1 1 1-ND 40 hand hose. The tack coat shall be applied in a cobweb design in an amount sufficient to properly insure adhesion and obviate slipping. Precaution shall be taken to prevent an excess of tack coat which might form pools. 2.1.4 Asphaltic Wearing Surface: The material used shall conform to the requirements for Asphaltic Concrete Surface Course as specified in the latest version of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. 2.1.5 Placing Mixture: The mixture shall be laid only where the surface to be covered is dry and only when weather conditions, have been determined to be acceptable by the assigned City of Miami Beach Engineer. 2.1.5.1Upon arrival, the mixture shall be dumped into the approved mechanical spreader, and immediately spread and struck off to the full width required, and to such appropriate loose depth that when the work is completed the weight of mixture or thickness required per square yard will be secured. When waived by the Special Provisions, the mechanical equipment may be omitted and spreading accomplished by hand as hereinafter provided. The mixture shall be laid in strips such manner as to provide for passage of traffic. 2.1.5.2Before any rolling is started,the finished surface struck by the machine shall be checked, any inequalities adjusted, all "drippings", (i.e. fat sandy accumulations from the screed, and all fat spots from any source, shall be removed and replaced with satisfactory material). 2.1.5.3When machine finishing is used, an excess amount of mixture shall be carried ahead of the screed at all times. Hand raking shall be done behind the machine as required and straight edging and back patching shall be done after initial compression has been obtained and while the material is still hot. 2.1.5.4When hand spreading is permitted or when, in the opinion of the Engineer because of any project conditioning it becomes necessary to spread by hand, it shall then be immediately distributed into place by means of suitable shovels and other tools and spread with rakes in a uniformly loose layer of such depth as will result in a completed course of thickness required. The loose materials shall then be compacted with rollers or tamps. Hand work will be paid for at the unit price per ton as indicated in the Proposal. 2.1.5.5Under no consideration shall mixture be laid wet,when rain is falling or when there is water on the base.The City of Miami Beach Engineer will determine if the mixture is acceptable, and if the base is suitable. 2.1.5.6No skin patching shall be done, and when a depression is to be corrected while the mixture is hot, the surface shall be well scarified before the addition of fresh mixture. If irregularities occur greater than the limits herein specified, and ITB 2016-1 1 1-ND 41 are not corrected while the mixture is still hot,the irregularities shall be cut out the full depth of the pavement and replace with fresh mixture. 2.1.6 Compacting Mixture: 2.1.6.1 After spreading as specified, the mixture shall be compacted with rollers as hereinbefore specified. The rolling shall be done in the following sequence with equipment as shown. 2.1.6.2 Seal rolling, using tandem steel rollers weighing 5 to 12 tons,and following as close behind the spreader as is possible without pick-up, undue displacement or blistering of the material. 2.1.6.3 Rolling with self-propelled pneumatic-tired rollers, following as close behind the seal rolling as the mix will permit. The roller shall cover every portion of the surface with at least six(6) passes. (Note:This rolling is not required for asphaltic concrete binder courses). 2.1.6.4 Final rolling with the 8 to 12 ton tandem steel roller to be done after the seal rolling and pneumatic-tired rolling are complete, but before the pavement temperature has dropped below 140° F. This rolling shall be continued until all roller marks and tire marks have been eliminated. 2.1.7 ManholesNalve Boxes:Adjust manholes and/or valve boxes by raising castings method. Final grade will be supplied by City surveyor. 2.1.8 Traffic Loops: Replace 4,6, and 8 loops, as required. 2.1.9 Asphaltic Concrete Patch Work: 2.1.9.1 Areas to be patched will be a minimum of 100 sq. ft. and will be ready for tack coat and surface course. 2.1.9.2 Saw Cutting and Patching:Areas to be patched must be saw cut and squared off as directed by City representative (minimum of 100 sq.ft.). Asphalt to be removed down to lime rock base; base to be recompacted, either by roller or vibratory tamper. Area will then be tack coated and surface course applied and compacted. 2.1.10 Milling of Existing Asphalt Pavement: 2.1.10.1 Description: The work specified in this Section consists of removing existing asphaltic concrete pavement by milling to improve the rideability of the finished pavement, to lower the finished grade adjacent to existing curb prior to resurfacing, or to completely remove existing pavement. 2.1.10.2When milling to improve rideability, an average depth of cut will be ITB 2016-1 1 1-ND 42 specified in the plans. 2.1.10.3Unless otherwise specified,the disposal of the milled material becomes the property of the Contractor. 2.1.11 Equipment: 2.1.11.1 The milling machine shall be capable of maintaining a depth of cut and cross slope that will achieve the results specified in the plans and specifications. The overall length of the machine (out to out measurement excluding the conveyor) shall be a minimum of 18 feet.The minimum cutting width shall be six feet. 2.1.11.2The milling machine shall be equipped with a built-in automatic grade control system that can control the transverse slope and the longitudinal profile to produce the specified results. 2.1.11.3Any commercially manufactured milling machine meeting the above requirements will be approved to start the project. If it becomes evident after milling has started that the milling machine cannot consistently produce the specified results,the milling machine will be rejected for further use. 2.1.11.4When milling to lower the grade adjacent to existing curb or other areas where it is impractical to use the above described equipment, the use of a smaller milling machine will be permitted. 2.1.11.5The milling machine shall be equipped with means to effectively limit the amount of dust escaping the removal operation. 2.1.11.6For complete pavement removal,the use of alternate removal and crushing equipment, in lieu of the equipment specified above, may be approved by the Engineer. 2.1.12 Construction: 2.1.12.1 When milling to improve rideability,the existing pavement shall be removed to the average depth specified in the plans, in a manner that will restore the pavement surface to a uniform cross section and longitudinal profile. The Engineer may require the use of a stringline to ensure maintaining the proper alignment. 2.1.12.2The longitudinal profile of the milled surface shall be established on the side of the cut nearest the centerline of the road.The cross slope of the milled surface shall be established by a second sensing device near the outside edge of the cut or by an automatic cross slope control mechanism.The plans may waive the requirement for automatic grade or cross slope controls where the situation warrants such action. ITB 2016-111-ND 43 2.1.12.3The Contractor may elect to make multiple cuts to achieve the required pavement configuration or depth of cut. 2.1.12.4The milling machine shall be operated to effectively minimize the amount of dust being emitted from the machine. Prewetting of the pavement may be required. 2.1.12.5If traffic is to be maintained on the milled surface prior to the placement of the new asphaltic concrete,the pattern of striations shall be such as to produce an acceptable riding surface. The Engineer will control the traveling speed of the milling machine to produce a texture that will provide an acceptable riding surface. 2.1.12.6Prior to opening an area which has been milled to traffic, temporary striping should be placed and the pavement shall be thoroughly swept with a power broom or other approved equipment to remove to the greatest extent practicable, fine material which will dust under traffic. This operation shall be conducted in a manner so as to minimize the potential for creation of a traffic hazard and to minimize air pollution. 2.1.12.7Sweeping of the milled surface with a power broom will be required prior to placing asphaltic concrete. 2.1.12.8ln urban and other sensitive areas where dust would cause a serious problem,the Contractor shall use a street sweeper(using water)or other equipment capable of removing and controlling dust. Approval of the use of such equipment is contingent upon its demonstrated ability to do the work. 2.1.12.9To prevent,to the greatest extent practicable, the infiltration of milled material into the storm sewer system when the milling operation is within the limits of, and adjacent to a municipal curb and gutter or a closed drainage system, the sweeping operation shall be performed immediately after the milling operations or as directed by the Engineer. 2.1.12.10 This operation shall also include the thorough removal of all milled material from the gutter in such a manner as to protect the curb from damage and to prevent the material being swept into the inlet openings or inlet grates. The equipment and methods utilized to sweep the gutter shall be approved prior to beginning and may be changed or revised to achieve the desired results as directed by the Engineer. 2.1.13 Milled Surface: 2.1.13.1 The milled surface shall have a reasonably uniform texture and shall be within 1/4 inch of a true profile grade and shall have no deviation in excess of 1/4 inch from a straightedge applied to the pavement perpendicular to the centerline. The variation of the longitudinal joint between multiple cut areas shall not exceed ITB 2016-1 1 1-ND 44 1/4 inch. Areas varying from a true surface in excess of the above stated tolerance may be accepted without correction if the City's Engineer determines that they were caused by a pre-existing condition which could not have reasonably been corrected by the milling operations. Any unsuitable texture or profile, as determined by the City's Engineer, shall be corrected by the Contractor at no additional compensation. 2.1.13.2The City's Engineer may require remilling of any areas where a surface lamination causes a non-uniform texture to occur. 2.1.14 Basis of Payment: 2.1.14.1 The quantity, determined as provided above, shall be paid for at the contract unit price for Milling Existing Asphalt Pavement. 2.1.14.2The price and payment for Milling Existing Asphalt Pavement shall be full compensation for all work specified in this Section, including hauling off and stockpiling or otherwise disposing of the milled material. 2.1.15 Maintenance of Traffic: 2.1.15.1 Work shall be conducted in such a manner that all streets shall be open to traffic at night. Approved and sufficient barricades, signs and lighting shall be maintained at all times for the safety of the public and traffic, and to insure that no traffic will pass over the placed material for at least one (1) hour after it is spread. 2.1.15.2Areas to be paved must be barricaded by the Contractor 24 hours prior to commencement of the work. 2.1.15.31t will be the responsibility of the contractor to provide all barricades, signs, and lighting in accordance with the above stated requirements. The Contractor shall be responsible for providing an off-duty police officer, if necessary to complete job. A written irrigation schedule will be provided by the Contractor and any operation of irrigation outside the previously approved scheduled time must have the advance approval of the City. Contractor shall be responsible for controlling the amount of water used for irrigation and any damage or costs that result from over- watering or insufficient watering shall be the responsibility of the Contractor. 2.2 Scope of Work for the Striping of City Streets and Parking Lots All striping must meet Miami-Dade County and Florida Department of Transportation specifications. Contractor must provide a copy of the current Miami-Dade County and Florida Department of Transportation striping specifications upon request from the City's Procurement Division. 2.2.1 Striping Description ITB 2016-1 1 1-ND 45 2.2.1.1.Thermoplastic,4"Solid Yellow/White 2.2.1.2. Thermoplastic,4"Skip Yellow/White 2.2.1.3. Thermoplastic,6"Solid Yellow/White 2.2.1.4. Thermoplastic, 6"Skip Yellow/White 2.2.1.5.Thermoplastic,8"Solid Yellow/White 2.2.1.6. Thermoplastic, 12"Solid Yellow/White 2.2.1.7. Thermoplastic, 18"Solid Yellow/White 2.2.1.8. Thermoplastic,24"Solid White 2.2.1.9. RPM's 2.2.1.10.Directional Arrows 2.2.1.11 Handicap Logo& Blue Stripe(parking space) 2.2.1.12Temporary Striping 2.2.1.13Removal of Existing Thermo Striping 2.2.2. Striping City Parking Lots: 2.2.2.1.Total Lots: 50 each.Average Lot Size: 1,425 LF 2.2.2.2. Colors:Yellow/White 2.2.2.3. The City will provide a Survey and Lay-out for each Lot. 2.2.2.4. Stop Bars 2.2.2.5.Arrows 2.2.2.6. Cross Hatching 2.2.2.7. Disable Logo 2.2.2.8. Re-install Existing Concrete Car Stops 2.2.2.9. Disable Cross Hatching 2.2.3 Maintenance of Traffic: 2.2.3.1 Work should be conducted in such a manner that all streets shall be open to traffic at night. Approved and sufficient barricades, signs and lighting shall be maintained at all times for the safety of the public and traffic, and to insure that no traffic will pass over the placed material for at least one(1) hour after it is spread. 2.2.3.2 Areas to be paved must be barricaded by the Contractor 24 hours prior to commencement of the work. 2.2.3.3 It will be the responsibility of the Conractor to provide all barricades, signs, and lighting in accordance with the above stated requirements.The Contractor shall be responsible for providing an off-duty police officer, if necessary to complete job. A written irrigation schedule will be provided by the Contractor and any operation of irrigation outside the previously approved scheduled time must have the advance approval of the City. Contractor shall be responsible for controlling the amount of water used for irrigation and any damage or costs that result from over- watering or insufficient watering shall be the responsibility of the Contractor. ITB 2016-1 1 1-ND 46 Group 3 Asphaltic Concrete/Related Material to be Picked up or Delivered to the City 3.1. Scope of Work • 3.1.1 Asphaltic Concrete/Related Material: Contractor will provide Asphaltic Concrete in place, conforming with the requirements for Asphaltic Concrete Surface Course as specified in the latest version of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, as needed,complete with Tack Coat, and properly saw-cut at the following unit prices in accordance with the bid specifications. (Contractor to provide costs for type SP12.5, SP19.0 and SP9.5) 3.1.2 Asphaltic Concrete/Related Material to be picked-up or delivered to the City: Contractor will provide Type SP12.5, Type SP19.0 and Type SP 9.5 Asphaltic concrete. Hot mix to be picked-up by City and Cold mix to be delivered, at the following unit prices in accordance with the bid specifications. Group 4 Concrete/Related Material to be Picked up or Delivered to the City 4.1. Scope of Work 4.1.1 Standard Concrete(3,000 psi): Contractor will provide a concrete supply to be delivered within the city limits of Miami Beach. All concrete delivered to the City shall be FDOT approved mix of Class I concrete having a minimum 28 compressive strength of 3,000 psi, unless otherwise specified. 4.1.2 Pump Mix Regular Concrete(3,000 psi): Contractor will provide a pump mix concrete supply to be delivered within the city limits of Miami Beach. All concrete delivered to the City shall be FDOT approved mix Class I concrete having a minimum 28 day compressive strength of 3,000 psi, unless otherwise specified. 4.1.3 Extra Strength Concrete(4,000 psi): All concrete items shall be Class I concrete having a minimum 28 day compressive strength of 3,000 psi, unless 4,000 psi concrete is specified. This item has been established to compensate the Contractor for the difference in cost of utilizing this higher strength concrete. When 4,000 psi concrete is specified,the Contractor shall be paid the Contract unit price bid 3,000 psi concrete and shall also be paid the contract unit price bid for 4,000 psi concrete. The quantity to be paid for shall be the actual volume, in cubic yards,of 4,000 psi concrete in place and accepted. 4.1.4 Colored Concrete: All concrete used shall be of Color Concrete mix as specified below unless directed otherwise by the Street Superintendent or City Engineer. Where quantities of concrete to be used in one pour is equal to or more than three cubic yards, an integral colored concrete mix shall be used. The dust-on/dry- shake coloring shall be allowed only when the total concrete quantity in one work ITB 2016-1 1 1-ND 47 order is less than three cubic yards or if directed by the City Engineer or his representative: Integral Color Concrete Mix Design: Design mix to provide normal weight, regular or air-entrained pump mix concrete with a minimum of 470 lbs.of Portland cement to achieve 3000 psi or more 28 day compressive strength. Mix one unit of Lambco Color pigment in "Miami Beach Red"color, packaged in one yard increments in dispersible"Clean Color"packaging as manufactured by Lambert Corporation; Orlando, Florida, 800-432-4746 or L. M. Scofield Co., Sunrise, Florida, 800-800- 9900. 4.1.5 Usage of Concrete Pumping Equipment: Contractor shall supply, when needed, a concrete pump to be delivered to the city. 4.1.6 Samples and Tests: For the purpose of assisting his judgment the Engineer may require any or all materials to be subject to test by means of samples or otherwise as he may determine. The manner of collecting and testing samples, as well as all apparatus and equipment used for this purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case may be, insofar as these are applicable- unless specifically stated otherwise. ITB 2016-1 1 1-ND 48 APPENDIX D P. MIAMI BEA Special Conditions ITB 2016- 111 -ND For the Purchase of Concrete Curbing/Sidewalk Construction, Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 ITB 2016-111-ND 49 1. TERM OF CONTRACT: This contract shall remain in effect for two (2) years from date of contract execution by the Mayor and City Clerk. The City of Miami Beach has the option to renew the contract at the sole discretion of the City Manager for an additional three(3),one (1) year periods, on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein,and shall not exceed six(6) months. 2. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the two (2)year term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.1 OPTION TO RENEW WITH PRICE ADJUSTMENT: The contract could be extended for an additional three (3),one (1)year terms, on a year to year basis, at the sole discretion of the City Manager. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer Price Index CPI-U (all urban areas) computed 60 days prior to the anniversary date of the contract. It is the vendors responsibility to request any•pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the vendor's request for adjustment should be submitted 60 days prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the vendor, the City will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. 3. HOURLY RATE: The hourly rate quoted is for additional work not specified herein and shall include full compensation for labor, equipment use, travel time, and any other direct cost associated for providing the additional work, to the bidder. Hourly labor rates are specified as follows: • Hourly Labor Rate I - Hourly rate . from 8 a.m. to 5 p.m. Monday - Friday (rate is to include labor and travel). • Hourly Labor Rate II - Hourly rate before 8 a.m. or after 5 p.m., or on weekends or holidays(rate to include labor and travel). ITB 2016-1 1 1-ND 50 4. LIQUIDATED DAMAGES: Failure to complete work orders as agreed to when the work is assigned may result in the successful Bidder being assessed the additional cost incurred by the City(liquidated damages)for any and all costs associated with the service performed by a secondary vendor. 5. BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has technical knowledge and practical experience in the type of work specified in the Scope of Work; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; and has provided the Work materials and services as described in these bid specifications. The evidence will consist of listing of work that has been provided to public and private sector clients, i.e. nature of WORK within at a minimum, the last three (3)years. 6. CUSTOMER SERVICE: Excellent customer service is the standard of the City of Miami Beach. As contract employees of the City, all employees will be required to adhere to the City's "Service Excellence" standards and expected to conduct themselves in a professional, courteous and ethical manner in all situations. The successful bidder's employees must work as a cooperative team of well-trained professionals, and must serve the public with dignity and respect. All business transactions with the City will be conducted with honesty, integrity, and dedication. 7. WARRANTY: The successful bidder will be required to warranty all work performed. Warranty shall be provided in detail, upon request. 8. EQUAL PRODUCT: Manufacturer's name, brand name and model number are used in these specifications for the purpose of establishing minimum requirement of level of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's items of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures,etc.)and test results of unit bid as equal. ITB 2016-1 1 1-ND 51 APPENDIX E ik:1 MAMI BEACH Cost , Proposal Form ITB 2016- 111 -ND For the Purchase of Concrete Curbing/Sidewalk Construction, Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 ITB 2016-1 1 1-ND 52 APPENDIX A PROPOSAL TENDER FORM Failure to,submit Bid Price Form in its entirety and fully executed by the deadliine,established'for the receipt of proposals will result proposal being deemed non responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Proposal Tender Form shall be completed mechanically or, if manually, in ink. Proposal Tender Forms completed in pencil shall be deemed non-responsive.All corrections on the Proposal Tender Form shall be initialed. Group 1 Total Item Description Quantity U IM U'nitCost (Quantity_X_Unit Cost) CONCRETE CURBING/SIDEWALK CONSTRUCTION-Contractor proposes to furnish all labor,material,equipment,supervision, maintenance of traffic and transportation necessary to deliver and install on an as-needed basis,concrete curbing/sidewalk construction for the City of Miami Beach in accordance with the Bid Specifications. 1 Remove and Replace 4"Concrete Sidewalk 3,000 SF $ $ Remove and Replace 4"Concrete Sidewalk with additional equipment(where no dump 2 truck or container may be used) 3,000 SF $ $ 3 Remove and Replace 6"Concrete Sidewalk 3,000 SF $ $ Remove and Replace 6"Concrete Sidewalk with additional equipment(where no dump 4 truck or container may be used) 3,000 SF $ $ 5 Remove and Replace 24"-30"Curb&Gutter 1,000 LF $ $ 6 Remove and Replace 36"-42"Curb&Gutter 1,000 LF $ $ 7 Remove and Replace 6"x12"Curb 1,000 LF $ $ Cast in Place American Disabilities Act(ADA) 8 Mats Yellow/Gray 40 EA $ $ 9 Surface Applied ADA Mats Yellow/Gray 40 EA $ $ 10 Construct 4"Concrete Sidewalk 3,000 SF $ $ Construct 4"Concrete Sidewalk with additional equipment(where no dump truck or 11 container may be used) 3,000 SF $ $ 12 Construct 6"Concrete Sidewalk 3,000 SF $ $ Construct 6"Concrete Sidewalk with additional equipment(where no dump truck or 13 container may be used) 3,000 SF $ $ 14 Construct 18"Curb&Gutter 3,000 LF $ $ 15 . Construct 24"Curb&Gutter 3,000 LF $ $ 16 Construct 30"Curb&Gutter 3,000 LF $ $ 17 Construct 6"x12"Concrete Curb 3,000 LF $ $ 18 Construct Pedestrian Ramp 12 EA $ $ 19 Extra Strength Concrete(4,000 psi) 1,000 CF $ $ 20 Addition of Miami Beach Red Coloring Mixture 4,000 cY $ $ 21 Pavement Restoration 10 TN $ $ ITB 2016-1 1 1-ND 53 22 Install New Pavers 1,000 SF $ $ 23 Installation of City Provided Utility Boxes 200 EA $ $ 24 Remove and Replace Existin• Pavers 1,000 SF $ $ GROUP'1 TOTAL $ Group 2 Total Item Description Quantity U/M Unit.Cost (Quantity_X_Unit_Cost) MILLING&RESURFACING OF ASPHALT CONCRETE-Contractor proposes to furnish all labor,material,equipment, supervision,maintenance of traffic and transportation necessary to deliver and install on an as-needed basis,asphaltic concrete/related materials for the City of Miami Beach in accordance with the Bid Specifications. Contractor will provide Asphaltic Concrete in place,conforming with the requirements for Asphaltic Concrete Surface Course as specified in the latest version of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, as needed,complete with Tack Coat,and properly saw-cut at the following unit prices in accordance with the bid specifications.(Contractor to provide costs for type SP 12.5,SP 19.0 and SP 9.5). STRIPING OF CITY STREETS&PARKING LOTS-Contractor will meet Dade County and Florida Department of Transportation Specifications at the following unit prices in accordance with the bid specifications. Contractor proposes to furnish all labor, material,equipment,supervision,maintenance of traffic and transportation necessary to deliver and install on an as-needed basis, Striping of City Parking Lots,and related materials for the City of Miami Beach in accordance with the Bid Specifications. Contractor will provide the striping of City Parking Lots at the following unit prices in accordance with the bid specifications. 25 Rework Top Surface+/-2 inches 25,000 CY $ $ 26 Remove and replace 8 inch Limerock base 25,000 CY $ $ 27 New Limerock 8 inch base 25,000 CY $ $ 28 Roads—0-200 Tons Leveling Course 1,000 TN $ $ 29 Roads—200+Tons Leveling Course 1,000 TN $ $ 30 Intersections—0—200 Tons Leveling Course 500 TN $ $ 31 Intersections—200+Tons Leveling Course 500 TN $ $ 32 Milling Existing Asphalt Concrete—1"Cut 12,000 SY $ $ 33 Milling Existing Asphalt Concrete—2"Cut 12,000 SY $ $ 34 Milling Existing Asphalt Concrete—3"Cut 12,000 SY $ $ 35 Milling Existing Asphalt Concrete—4"Cut 12,000 SY $ $ 36 2"Asphalt Concrete 12,000 SY $ $ 37 1 Y:"Asphalt Concrete 12,000 SY $ $ 38 1"Asphalt Concrete 12,000 SY $ $ 39 Adjust Manhole and/or Valve Boxes 50 EA $ $ 40 Replace Traffic Loops(4,6,8 loops) 10 EA $ $ 41 Asphaltic Concrete Work 2,000 TN $ $ Saw Cutting&Permanent Patching w/Base& 42 Roller Compaction—1"Removal&Patching 200,000 SF $ $ Saw Cutting&Permanent Patching w/Base& 43 Roller Compaction—2"Removal&Patching 200,000 SF $ $ 44 Themoplastic 4"Solid Yellow/White 5,280 LF $ $ 45 Themoplastic 4"Solid White Paint 5,280 LF $ $ 46 Themoplastic 4"Skip Yellow/White 5,280 LF $ $ 47 Themoplastic 4"Skip White Paint 5,280 LF $ $ 48 Themoplastic 6"Solid Yellow/White 5,280 LF $ $ 49 Themoplastic 6"Solid White Paint 5,280 LF $ $ 50 Themoplastic 6"Skip Yellow/White 5,280 LF $ $ ITB 2016-1 1 1-ND 54 51 Themoplastic 6"Skip White Paint 5,280 LF $ $ 52 Themoplastic 8"Solid Yellow/White 5,280 LF $ $ 53 Themoplastic 8"Solid White Paint 5,280 LF $ $ 54 Themoplastic 12"Solid Yellow/White 5,280 LF $ $ 55 Themoplastic 12"Solid White Paint 5,280 LF $ $ 56 Themoplastic 18"Solid Yellow/White 5,280 LF $ $ 57 Themoplastic 18"Solid White Paint 5,280 LF $ $ 58 Themoplastic 24"Solid Yellow/White 5,280 LF $ $ 59 Themoplastic 24"Solid White Paint 5,280 LF $ $ 60 RPMs(Road Reflector) 500 EA $ $ 61 Thermoplastic Directional Arrows 50 EA $ $ _ 62 Thermoplastic Directional Arrows White Paint 50 EA $ $ Thermoplastic Handicap Logo&Blue Stripe 63 (Parking Space) 5 EA $ $ Thermoplastic Handicap Logo&Blue Stripe 64 (Parking Space)White Paint 5 EA $ $ Thermoplastic Striping(4"and 6")Yellow/Blue 65 Paint 5,280 LF $ $ 66 Thermoplastic Striping(4"and 6")White Paint 5,28.0 LF $ $ Removal of ALL Existing Thermo Striping 67 (hydroblast)incl.Mobilization 1,000 SF $ $ Removal of ALL Existing Thermo Striping 68 (hydroblast)incl.Mobilization White Paint 1,000 SF $ $ 69 Thermoplastic Stop Bars(12"Wide) 150 LF $ $ Thermoplastic Stop Bars(12"Wide)White 70 Paint 150 LF $ $ Thermoplastic Arrows 14"(Std.MDC&FDOT 71 Specs) 50 EA $ $ Thermoplastic Arrows 14"(Std.MDC&FDOT 72 Specs)White Paint 50 EA $ $ 73 Thermoplastic Cross Hatching(12") 200 LF $ $ Thermoplastic Cross Hatching(12")White 74 Paint 200 LF $ $ 75 Thermoplastic Handicap Logo 30 EA $ $ 76 Thermoplastic Handicap Logo White Paint 30 EA $ $ 77 Thermoplastic Disable Cross Hatching(4") 160 EA $ $ Thermoplastic Disable Cross Hatching(4") 78 White Paint 160 EA $ $ 79 Wheel Sto• Installation 200 EA $ $ Grou:2'TOTAL $ Group 3 Total; Item Description Quantity, U'/M' U'niVCost, (Q iantity_x_Unit=cost) ITB 2016-1 1 1-ND 55 ASPHALTIC CONCRETE/RELATED MATERIAL TO BE PICKED UP OR DELIVERED TO THE CITY-Contractor proposes to furnish all labor,material,equipment,supervision and transportation necessary to deliver and install on an as-needed basis, Asphaltic/Related Materials for the City of Miami Beach in accordance with the Bid Specifications. Contractor will provide Asphaltic Concrete in place,conforming with the requirements for Asphaltic Concrete Surface Course as specified in the latest version of the • Florida Department of Transportation Standard Specifications for Road and Bridge Construction, as needed,complete with Tack Coat,and properly saw-cut at the following unit prices in accordance with the bid specifications.(Contractor to provide costs for type SP 12.5, SP 19.0 and SP 9.5) Hot mix to be picked-up by City and Cold mix to be delivered,at the following unit prices in accordance with the bid specifications. 80 Hot Mix to be Picked Up by the City 1,500 TN $ $ 81 Cold Mix to be Picked Up by the City 2,000 TN $ $ 82 Hot Mix to be Delivered to the City 1,500 TN $ $ 83 Cold Mix to be Delivered to the Ci 2,000 TN $ $ _ Group 3'TOTAL, $ Group 4 Total. Item Description Quantity U 1 M Unit Cost (Quantity_x_Unit_Cost). CONCRETE/RELATED MATERIAL TO BE PICKED UP OR DELIVERED TO THE CITY-Contractor proposes to fumish all labor, material,equipment,supervision and transportation necessary to deliver and install on an as-needed basis,Concrete/Related Materials for the City of Miami Beach in accordance with the Bid Specifications. 84 Concrete Delivered to the City 300 CY $ $ 85 Concrete to be Picked Up by the City 500 CY $ $ 86 Pump Mix Regular Concrete 50 CY $ $ Extra Strength Concrete(4,000 psi)Delivered 87 to the City 600 CY $ $ Extra Strength Concrete(4,000 psi)Picked 88 Up by the City 600 CY $ $ 88 Addition of Miami Beach Red Coloring Mixture 600 CY $ $ 89 Concrete Pum I 10 DAY $ $ GROUP 4 TOTAL $ GRAND TOTAL(GROUPS 1,2,3&4) $ Bi'dder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2016-1 1 1-ND 56 APPENDIX F 10:1 MIAMI BEACH Insurance Requirements ITB 2016- 111 -ND For the Purchase of Concrete Curbing/Sidewalk Construction, Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 ITB 2016-1 1 1-ND 57 MIAMIBEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers'Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in"insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 _Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2016-1 1 1-ND 58 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Detail by FEI/EIN Number Page 1 of 3 FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS frabz Detail by FEI/EIN Number Florida Profit Corporation TEAM CONTRACTING, INC. Filing Information Document Number P00000041586 FEI/EIN Number 65-1002254 Date Filed 04/25/2000 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/24/2015 Event Effective Date NONE Principal Address 13911 S.W. 42ND STREET SUITE 209 MIAMI, FL 33175 Changed: 05/24/2007 Mailing Address 13911 S.W. 42ND STREET SUITE 209 MIAMI, FL 33175 Changed: 05/24/2007 Registered Agent Name & Address AYAN, RODOLFO L 1360 PELICAN AVE NAPLES, FL 34102 Name Changed: 05/24/2007 Address Changed: 01/05/2012 Officer/Director Detail Name & Address Title VSTD AYAN, RODOLFO L http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 7/18/2016 Detail by FEI/EIN Number Page 2 of 3 1360 PELICAN AVE NAPLES, FL 34102 Title PD BATISTA, JULIO C 13911 SW 42nd Street 209 MIAMI, FL 33175 Title V GELL, DANIEL A 13911 S.W. 42ND STREET SUITE 209 MIAMI, FL 33175 Annual Reports Report Year Filed Date 2014 01/20/2014 2015 01/09/2015 2016 01/27/2016 Document Images 01/27/2016 --ANNUAL REPORT View image in PDF format 03/24/2015 --Amendment View image in PDF format 01/09/2015 -- ANNUAL REPORT View image in PDF format 01/20/2014 --ANNUAL REPORT View image in PDF format 01/25/2013 --ANNUAL REPORT View image in PDF format 01/05/2012 --ANNUAL REPORT View image in PDF format 01/05/2011 --ANNUAL REPORT View image in PDF format 01/14/2010--ANNUAL REPORT View image in PDF format 01/16/2009 --ANNUAL REPORT View image in PDF format 01/17/2008 --ANNUAL REPORT View image in PDF format 11/09/2007 --Amendment View image in PDF format 07/19/2007 --Amendment View image in PDF format 05/24/2007 --Amendment and Name Change View image in PDF format 01/09/2007 --ANNUAL REPORT View image in PDF format 01/09/2006 --ANNUAL REPORT View image in PDF format 01/06/2005 --ANNUAL REPORT View image in PDF format 01/07/2004--ANNUAL REPORT View image in PDF format 03/03/2003 --ANNUAL REPORT View image in PDF format 04/08/2002 --ANNUAL REPORT View image in PDF format 04/05/2001 --ANNUAL REPORT View image in PDF format 04/25/2000 -- Domestic Profit View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai l?inquirytype=FeiNu... 7/18/2016 Detail by FEI/EIN Number Page 3 of 3 . .A, Copyright©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 7/1 8/20 16 Name History Page 1 of 2 ei FLORIDA DEPARTMENT OF STATE 144 DIVISION OF CORPORATIONS .$iin6/x � • N6 Home Contact Us E-Filing Services Document Searches Forms Help Return to Detail Screen Events TEAM CONTRACTING, INC. Document Number P00000041586 Date Filed 04/25/2000 Effective Date None Status Active Event Type Filed Date Effective Date Description AMENDMENT AND NAME CHANGE 05/24/2007 OLD NAME WAS . AYAN GROUP, INC. Return to Detail Screen Home I Contact us I Document Searches I E-Filina Services I Forms I Help I http://search.sunbiz.org/Inquiry/CorporationSearch/NameHistory?aggregateld=domp-p000... 7/18/2016 Name History Page 2 of 2 Copvrioht©and Privacy Policies State of Florida,Department of State • http://search.sunbiz.org/Inquiry/CorporationSearch/NameHistory?aggregateld=domp-p000... 7/18/2016 TEAM C'O NTRACTI N 0 TEAM CONTRACTING INC. GENERAL CONTACTORS & DESIGN BUILDERS CGC 061 51 1 . CGC 046372 ITB 2016-111-ND For the Purchase of Concrete Curbing/Sidewalk Construction Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots Submitted By: Team Contracting, Inc. 13911 SW 42nd Street, Suite 209 Miami, FL 33175 Contact Person: Daniel Gell T (305) 207-9799 . F (305) 207-9790 1 3 9 1 1 SOUTHWEST 42ND STREET, S U I T E 209 . MIAMI, FL 3 3 1 7 5 TEAM CONTRACT"IMG TEAM CONTRACTING INC. GENERAL CONTACTORS & DESIGN BUILDERS CGC 061 51 1 . CSC 046372 TABLE OF CONTENTS TAB 1 — Cost Proposal Form (Appendix E) TAB 2 — Bid Certification, Questionnaire and Affidavits T (305) 207-9799 . F (305) 207-9790 1 391 1 SOUTHWEST 42ND STREET, SUITE 209 . MIAMI, FL 33175 • TAB 1 APPENDIX E f-1:1 MIAMIBEACH Cost Proposal Form IT.B 2016-1 l -ND For the Purchase of Concrete Curbing/Sidewalk Construction, Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 - ITB 2016-111- 52 APPENDIX A • PROPOSAL TENDER FORM Failure•to;submit-;BidPrice Form,in its entirety and fully executed blithe 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 bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance.The Proposal Tender Form shall be completed mechanically or, if manually, in ink. Proposal Tender Forms completed in pencil shall be deemed non-responsive.All corrections on the Proposal Tender Form shall be initialed. Group •1 . • Total. •Item ..description Quantity :U I M _ Unit_Cost •(Quantity_x_unit_Cost) CONCRETE CURBING/SIDEWALK CONSTRUCTION-Contractor proposes to furnish all labor, material,equipment,supervision, maintenance of traffic and transportation necessary to deliver and install on an as-needed basis,concrete curbing/sidewalk construction for the City of Miami Beach in accordance with the Bid Specifications. 1 Remove and Replace 4"Concrete Sidewalk 3,000 SF $ 6 .8 5 $ 2 0, 55 0..0 0 Remove and Replace 4"Concrete Sidewalk with additional equipment(where no dump 2 truck or container may be used) 3,000 SF "$ 7 .7.5 $ .23, 250 . 00 3 Remove and Replace 6"Concrete Sidewalk 3,000 SF $ 6 . 95 $ 2 0, 8 5 0 . 0 0 Remove and Replace 6"Concrete Sidewalk with additional equipment(where no dump 4 'truck or container may be used) 3,000 SF $ 8.. 0 0 $ .2 4, 0 0 0 . 0 0 '5 Remove and Replace 24"-30"Curb&Gutter 1,000 LF $ 3 0. 0 0 $ 3 0, 0 0 0 . 0 0 6 Remove and Replace 36"-42"Curb&Gutter 1,000 LF .$ 3 5 . 0 0 -$ 3 5, 0 0 0 . 0 0 7 Remove andReplace 6"x12"Curb 1,000 LF $14 . 0 0 $ 14, 0 0 0 . 0 0 Cast in Place American Disabilities Act(ADA) 8 Mats Yellow/Gray 40 EA $160 . 00 $ 6,4 0 0 . 0 0 9 Surface Applied ADA Mats Yellow/Gray 40 EA $220 . 00 $ 8 , 800 . 00 10 Construct 4"Concrete Sidewalk 3,000 SF $ -5.. 7:5 $ 17, 250 . 00 Construct.4"Concrete Sidewalk with additional equipment(where no dump truck or 11 container may be used) 3,000 SF $ 6 . 75 $ 2 0-,25-0-:•0 0 12 Construct 6"Concrete Sidewalk 3,000 SF .5 6 . 0 0 $ 18, 0 0 0 . 0 0 Construct 6"Concrete Sidewalk with additional equipment(where no dump truck or 13 container may be used) _ 3,000 SF $ "7-. 0 0 .$ .21, 0 0 0. 0 0 14 Construct18"Curb&Gutter 3,000 LF $9.. 0 0 $:2 7, 0 0 0 . 0 0 15 Construct 24"Curb&Gutter 3,000 LF $ 16..0 0 $ 4 8 , 0 0 0 . 0 0 16 Construct 30"Curb&Gutter 3,000 LF :$18 .00 $54, 000 . 00 17 Construct 6"x12"Concrete Curb 3,000 LF .$ 6 - 0° $ 18, 0 0 0.. 0 0 18 Construct Pedestrian Ramp 12 EA :$1, 000. 00 $ /2 , 000.. 00 19 Extra Strength Concrete(4,000 psi) 1,000 CF .5 10.00 • $ 10, 000 . 00 .20 Addition of Miami Beach Red Coloring Mixture_ 4,000 cY $ 5 .0 0 $ .2 0, 0 0 0.. 0 0 .21 Pavement Restoration 10 TN $ 400. 0 0 $ 4, 000.. 0 0 ITB 2016 1 ll - 53 22 Install New Pavers • 1,000 SF $ 10. 00 .. $ 10, 000 . 00 23 Installation of City Provided Utility Boxes 200 EA $ 500 . 00 $ 10 0, 000 . 00 24 Remove and Replace Existin• Pavers 1,000 SF $ 10 .00 $ 10, 000. 00 GROUP 1 TOTAL $5 72, 3 5 0 . 0 0 Group NO BID : 2 '. . . Total. . . .. Item . :Description .Quantity . 1.11M • Unit Cost .(ouantity_x_UniLCost) MILLING&RESURFACING OF ASPHALT CONCRETE-Contractor proposes to furnish all labor,material,equipment, supervision,maintenance of traffic and transportation necessary to deliver and install on an as-needed basis,asphaltic concrete/related materials for the City of Miami Beach in accordance with the Bid Specifications. Contractor will provide Asphaltic Concrete in place,conforming with the requirements for Asphaltic Concrete Surface Course as specified in the latest version of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, as needed,complete with Tack Coat,and properly saw-cut at the following unit prices in accordance with the bid specifications.(Contractor to provide costs for type SP 12.5, SP 19.0 and SP 9.5). STRIPING OF CITY STREETS&PARKING LOTS•Contractor will meet Dade County and Florida Department of Transportation Specifications at the following unit prices in accordance with the bid specifications. Contractor proposes to furnish all labor, ' material,equipment,supervision,maintenance of traffic and transportation necessary to deliver and install on an as-needed basis, Striping of City Parking Lots,and related materials for the City of Miami Beach in accordance with the Bid Specifications. 1 Contractor will provide the striping of City Parking Lots at the following unit prices in accordance with the bid specifications. 25 ReworkTop Surface+/-2 inches 25,000 CY $ $ . 26 Remove and replace 8 inch Limerock base 25,000 CY $ $ .27 New Limerock 8 inch base ' 25,000 CY $ $ 28 Roads—0-200 Tons Leveling Course 1,000 7N $ $ 29 Roads—200+Tons Leveling Course 1,000 TN .$ $ 30 Intersections—0—.200 Tons Leveling Course 500 TN $ $ 31 Intersections—200+Tons Leveling Course 500 -TN $ $ 32 Milling-Existing Asphalt Concrete-1"Cut 12,000 SY $ $ 33 Milling Existing Asphalt Concrete—2"Cut 12,000 SY $ $ • 34 Milling Existing Asphalt Concrete—3"Cut 12,000 SY $ $ 35 Milling Existing Asphalt Concrete—4"Cut 12,000 SY $ $ 36 _ 2"Asphalt Concrete 12,000 SY $ $ 37 1 Y2"Asphalt Concrete 12,000 SY $ "$ 38 1"Asphalt Concrete 12,000 SY $ $ 39 Adjust Manhole and/or Valve Boxes 50 EA $ $ 40 ReplaceTraffic.Loops(4,6,8 loops) 10 EA $ $ 41 Asphaltic Concrete Work 2,000 TN $ $ Saw Cutting&Permanent Patching w/Base& .42 Roller Compaction—1"Removal&Patching 200,000 SF $ $ Saw Cutting&Permanent Patching w/Base& 43 Roller Compaction—2"Removal&Patching 200,000 SF $ $ 44 Themoplastic 4"Solid Yellow/White 5,280 LF $ $ .45 Themoplastic4"Solid White Paint 5,280 .LF $ $ 46 ,'Themoplastic 4"Skip Yellow/White 5,280 LF $ $ 47 Themoplastic 4"Skip White-Paint 5,280 LF $ $ 48 Themoplastic 6"Solid Yellow/White 5,280 LF $ $ 49 Themoplastic 6"Solid White Paint 5,280 LF $ $ 50 Themoplastic 6"Skip Yellow/White 5,280 .LF $ -$ ITB 2016-111-NP 54 51 Themoplastic 6"Skip White Paint 5,280 LF $ $ 52 Themoplastic 8"Solid Yellow/White 5,280 LF $ $ 53 Themoplastic 8"Solid White Paint 5,280 LF $ $ 54 Themoplastic 12"Solid Yellow/White 5,280 LF $ $ 55 Themoplastic 12"Solid White Paint • 5,280 LF $ $ 56 Themoplastic 18"Solid Yellow/White 5,280 LF $ $ 57 Themoplastic 18"Solid White Paint 5,280 LF $ $ 58 Themoplastic 24"Solid Yellow/White 5,280 LF $ $ . 59 Themoplastic 24"Solid White Paint 5,280 LF $ $ 60 RPMs(Road Reflector) 500 EA $ $ 61 Thermoplastic Directional Arrows 50 EA $ $ 62 Thermoplastic Directional Arrows White Paint 50 EA $ $ Thermoplastic Handicap Logo&Blue Stripe • 63 (Parking Space) 5 EA $ $ Thermoplastic Handicap Logo&Blue Stripe 64 (Parking Space)White Paint 5 • EA $ $ Thermoplastic Striping(4"and 6")Yellow/Blue • 65 Paint 5,280 LF $ $ 66 Thermoplastic Striping(4"and 6")White Paint 5,280 • LF $ $ Removal of ALL Existing Thermo Striping 67 (hydroblast)incl.Mobilization 1,000 SF $ $ Removal of ALL Existing Thermo Striping 68 (hydroblast)in Mobilization White'Paint 1,000 SF $ $ 69 Thermoplastic Stop•Bars(12"Wide) 150 LF $ :$ Thermoplastic Stop Bars(12"Wide)White 70 Paint 150 LF $ $ Thermoplastic Arrows 14"(Std.MDC&FDOT 71 Specs) 50 EA $ $ Thermoplastic Arrows'14"(Std.MDC&FDOT 72 Specs)White Paint 50 EA $ $ 73 Thermoplastic Cross Hatching(12") 200 •LF $ $ Thermoplastic Cross Hatching(12")White 74 Paint 200 .LF $ $ 75 Thermoplastic Handicap Logo 30 EA $ $ 76 •Thermoplastic Handicap Logo White Paint 30 EA $ $ -. 77 Thermoplastic Disable Cross Hatching(4") 160 EA $ $ Thermoplastic Disable Cross Hatching(4") 78 White Paint 160 EA $ $ 79 Wheel Stop Installation 200 EA $ $ . .• . Group`2TOTAL $ Group. , .- . . • ;Item,', '. . . Description . `Quantity... 311-M:...- ` Unit'Cost • _• `_(Quantity_X_Unit_Cost) • IT 016-1 ) 1- 55 ASPHALTIC CONCRETEIRELATED MATERIAL TO BE PICKED UP OR DELIVERED 70 THE CITY-Contractor proposes to furnish all labor,material,equipment,supervision and transportation necessary to deliver and install on an as-needed basis, Asphaltic/Related Materials for the City of Miami Beach in accordance with the Bid Specifications. Contractor will provide Asphaltic Concrete in place,conforming with the requirements for Asphaltic Concrete Surface Course as specified in the latest version of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, as needed,complete with Tack Coat,and properly saw-cut at the following unit prices in accordance with the bid specifications.(Contractor to provide costs for type SP 12.5,SP 19.0 and SP 9.5) Hot mix to be picked-up by City and Cold mix to be delivered,at the following unit prices in accordance with the bid specifications. 80 Hot Mix to be Picked Up by the City 1,500 TN $ $ 81 Cold Mix to be Picked Up by the City 2,000 TN $ $ 82 Hot Mix to be Delivered to the City 1,500 TN $ $ 83 Cold Mix to be Delivered to the Ci 2,000 TN $ $ Group.3 TOTAL $ Group • NO BID 4. Total Item Description . Quantity UIM Unit,Cost, Description ty .Unit (Quantity_X_Unit_Cost) ' CONCRETEIRELATED MATERIAL TO BE PICKED UP OR DELIVERED TO THE CITY-Contractor proposes to fumish all labor, material,equipment,supervision and transportation necessary to deliver and install on an as-needed basis, Concrete/Related Materials for the City of Miami Beach in accordance with the Bid Specifications. 84 Concrete Delivered to the City 300 CY $ :$ 85 Concrete to be Picked Up by the City 500 CY .$ . . . .$ 86 Pump Mix Regular Concrete 50 CY $ $ Extra Strength Concrete(4,000 psi)Delivered 87 to the City 600 CY $ $ Extra Strength Concrete(4,000 psi)Picked 88 Up by the City 600 CY $ 88 Addition of Miami Beach Red Coloring Mixture 600 CY $ $ 89 Concrete Pums • 10 DAY $ $ : . GROUP,4TOTAL $ : GRAND7OTAL(GROUPS;1;2;3 4=4),. $.572,.350 . 00 Bidder's Affirmation - Company: Team Contracting, Inc. Authorized Representative: Daniel A. Gell Address: 139.11 SW 42nd Street, Ste.. 209, Miami, FL 33175 Telephone: 305-207-9799 ma I: .■ @ 4 — •) ;i�• l�tY• ITB.2016-111- D 56 TAB APPENDIX A '19 MIAMI L -; ! Proposal Certification , •Questionnaire & Requirements Affidavit ITB 2016-111 -ND For the Purchase of Concrete Curbing/Sidewalk Construction, Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 331.3.9 T82016-111- D 16 Solicitation No: Solicitation Title: 2016-111-ND For the Purchase of Concrete Curbing/Sidewalk Construction, Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots Procurement Contact Tel: Email: Natalia Delgado 305-673-7000 x6263 nataliadelgado @miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. I. FIRM NAME: Team Contracting, :Inc. • No of Years in Business: No ears in Business Locally: No.of Employees: 10 years years 15 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: N/A FIRM PRIMARY ADDRESS(HEADQUARTERS): 13911 SW 42nd Street, Suite .209 CITY: Miami STATE: .ZIP CODE: FL 33175 TELEPHONE NO.: 305-207-9799 TOLL FREE NO.: 1V/A FAX NO.: 305-.207-.9790 FIRM LOCAL ADDRESS: 13911 SW -42nd Street, Suite .20.9 CITY: Miami STATE: ZIP CODE: FL 33175 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Daniel A. Gell ACCOUNT REP TELEPHONE NO.: 305-207-9799 ACCOUNT REP TOLL FREE NO.: N/A ACCOUNT REP EMAIL DGELIATEAM-CONTRACTING.COM FEDERAL TAX IDENTIFICATION NO.: 65-1002254 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 2016- 11- D 17 1. Veteran Owned Business.Is Pro oser 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:11supplierportal.dnb.comlwebapplwcsl stores IservIet!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), 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. SUBMITTALREQUIREMENT: 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. 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- erformance by an .ublic 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 ITB 2016- 11: D 18 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/procurement/. 9. using the Consumer Price Index for all Urban Consumerc(CPI U)Miami/Ft.Lauderdale,issued by the U.S.Department of Labor's tame(in a particular y or), and fines, as provided in thc City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is to thc living wage requirement. .N/A 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 • , "- _.. ITB 2016-1 1 1-Np 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.miamibeachfi.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 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 addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to 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 2016- 1 1- D 20 DISCLOSUREANDOISCLAIMER 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 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,it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2016-1 1 1-ND 21 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 Proposers Authorized Representative: Title of Proposers Authorized Representative: D iel A. Gell Vice President Si ature Proposer uth d Re entative: Dad: May 13, 2016 State of Florida) On this 13 day of May ,2014 personally appeared before me Daniel Gell who County of Miami-Dade ) stated that (s)he is the. Vice President of Team Contracting, Inc., 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 . 144i Notary 'ublic for the state of Florida - My Commission Expires: 10/'4 h' . IFELIX J OCAtdA MY COMMISSION#FF923897 EXPIRES October 04.2019 (407i36wSJ nonamowryservoo.00m • ITB 2016-1 1 1-ND 77 APPENDIX .B s " No Bid " Form ,_ 1 1. ITB 2016-111 -ND I For the Purchase of Concrete Curbing/Sidewalk Construction, Asphaltic Concrete/Related Materials, and Striping of City .Streets and Parking Lots PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 i ^`t.' ,.0 mpoY rf ic t fleRr o, .se ndo r w� ' h YS gRa: iv6 notiffcaRt of t :4 � oh salic tenonbut have ecici dat to repnd to zo ple.te nFd submrf l e *y +. .x } h 'r- -z• '� r �.N' ,t " h r -1 � C v - 4 Ataach}e*fate nPofitlo Bidw The S fate �eof No �d &p o d y , ✓ ^er,P. '� i3- r e. o. .3" sr tz . 5 T ,.: 3 Y `:14, -theg eity wit ghn ornatiorp n ow to improve he s Ire'ita+ion p Tess r � ` = r ni) ilok ubmit Ya St�tement afl No $id rnay s lfigntnof b g nofife ; -..'. f l .t '-.c* � R l m a 14 44. 71i C .,of utureSd ditartiont y-S e.,C P � , 1 P 41, i,31 ITB 2016-H1-1- D J Statement of No Bid N/A 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: Natalia Delgado, Procurement Contracting Officer I PROPOSAL#2016-111-ND 1755 Meridian Ave.•3rd Floor MIAMI BEACH, FL 33139 ITB 2016-111-ND 24 TEAM NTRACTI N G' TEAM CONTRACTING INC. GENERAL CONTACTORS & DESIGN BUILDERS COO 061 51 1 . CGC 046372 LITIGATION HISTORY FOR ITB 2016-111-ND CONCRETE CURBING/SIDEWALK CONSTRUCTION Team Contracting, Inc. and/or it's officers have not been involved in any type of litigation or regulatory action in the last five years. Please feel free to contact me should you have any questions or require additional information. cerel 6Q,(?) Daniel A. Gell Vice President T (305) 207-9799 . F (305) 207-9790 1 391 1 SOUTHWEST 42ND STREET, SUITE 209 . MIAMI, FL 33175 TEAM C CI N TRA CT I N G TEAM CONTRACTING INC. GENERAL CONTACTORS & DESIGN BUILDERS CGC 061 51 1 . CGC 046372 CONFLICT OF INTEREST FOR ITB 2016-111-ND CONCRETE CURBING/SIDEWALK CONSTRUCTION Team Contracting,Inc.'s officers and owners are not employed by the City of Miami Beach and do not have any immediate family members employed by the City of Miami Beach. Please feel free to contact me should you have any questions or require additional information. cerely bQK Daniel A. Gell Vice President T (305] 2 0 7-9 7 9 9 . F (305) 207-9790 1 3 9 1 1 SOUTHWEST 4 2ND STREET, S U I T E 209 . MIAMI, FL 3 3 1 7 5 TEAM CO NTRACTI ,NI G TEAM CONTRACTING INC. GENERAL CONTACTORS & DESIGN BUILDERS CGC 061 51 1 . COD 046372 REFERENCES AND PAST PERFORMANCE FOR ITB 2016-111-ND CONCRETE CURBING/SIDEWALK CONSTRUCTION 1. Owner Name: City of Hollywood—Engineering Department Contact Person: Mr. Frank Leon Contact Address: 2600 Hollywood Blvd., Hollywood,FL Contact Number: 954-924-2985 Contact Email: fjleon@hollywoodfl.org Scope of Services Provided: FY2012 Sidewalk Construction. Contract over$595,000.00 Completed in 2014. • 2. Owner Name: City of Miami Beach—Public Works Contact Person: Mike Alvarez/Matthew LePera Contact Address: 1700 Convention Center Dr. Contact Number: 305-673-7000 ext. 6828 Contact Email: mattewlepera@miamibeachfl.gov Scope of Services Provided: ITB 15-11/12 Concrete Curbing&Sidewalk Construction 3. Owner Name: City of Miami Beach-CIP Contact Person: Mr. Diego Lopez-Medina Contact Address: 1700 Convention Center Dr.,Miami Beach, FL 33139 Contact Number: 305-673-7071 Contact Email: diegolopezmedina @miamibeachfl.gov Scope of Services Provided: Reconstruction of Surface Lots 12X& 17X 4. Owner Name: City of Miami Beach—Public Works Contact Person: Mr. Jose Rivas Contact Address: 1700 Convention Center Dr.,Miami Beach, FL 33139 Contact Number: 305-673-7080 Contact Email: joserivas @miamibeachfl.gov Scope of Services Provided: Concrete restoration of several bridges throughout the city. T (305) 207-9799 . F (3051 207-9750 1 391 1 SOUTHWEST 42ND STREET, SUITE 209 . MIAMI, FL 33175 TEAM G O NTRA CT! N G TEAM CONTRACTING INC. GENERAL CONTACTORS & DESIGN BUILDERS CGC 061 51 1 . CGC 046372 VENDOR CAMPAIGN CONTRIBUTIONS FOR ITB 2016-111-ND CONCRETE CURBING/SIDEWALK CONSTRUCTION Team Contracting, Inc. and/or its officers have not contributed to the campaign either directly or indirectly,to a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Below is a list of individuals and/or entities with a controlling financial interest in Team Contracting, Inc.: - Julio C. Batista - Rodolfo L.Ayan Please feel free to contact me should you have any questions or require additional information. ' cerel Daniel A. Gell Vice President T (305) 207-9799 . F (305) 207-9790 1 3 9 1 1 SOUTHWEST 4 2 N D STREET, S U I T E 209 . MIAMI, FL 3 3 1 7 5 TEAM C O NTRA;CTi N TEAM CONTRACTING INC. GENERAL CONTACTORS & DESIGN BUILDERS CGC 061 51 1 . CGC 046372 CODE OF BUSINESS ETHICS FOR ITB 2016-111-ND CONCRETE CURBING/SIDEWALK CONSTRUCTION Team Contracting, Inc. will adopt, as required in the ordinance,the City of Miami Beach Code of Ethics(Resolution No. 2000-23879). Please feel free to contact me should you have any questions or require additional information. qcerel Daniel A. Gell Vice President T (305) 207-9799 . F (305) 207-9790 1 3 9 1 1 SOUTHWEST 42ND STREET, S U I T E 209 . MIAMI, FL 3 3 1 7 5 ATTACHMENT D INSURANCE REQUIRMENTS APPENDIX F BEACH MIAMI Insurance Requirements ITB 2016- 111 -ND For the Purchase of Concrete Curbing/Sidewalk Construction, Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 ITB 2016-1 1 1-ND 57 MIAMIBEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers'Compensation and Employees Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 _Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 _Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. .. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2016-1 1 1-ND 58