Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Certification of Contract with IMS Infrastructure Management Services, LLC.
.J MIAMI.BEACH c � CITY OF MIAMI BEACH 10 II q/1,6 CERTIFICATION OF CONTRACT TITLE: For Sidewalk Assessment. CONTRACT NO.: ' 2016-225-KB EFFECTIVE DATE(S): This Contract shall remain in effect for one (1) year from date of Contract execution by the Mayor and City Clerk. SUPERSEDES: N/A CONTRACTOR(S): IMS Infrastructure Management Services, LLC. ESTIMATED ANNUAL CONTRACT AMOUNT: $77,782.00 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on October 19, 2016 for approval to award a contract, and upon execution between the City of Miami Beach, Florida, and IMS Infrastructure Management Services, LLC., a Florida corporation, (the Contractor). B. EFFECT - This Contract is entered into to provide for Sidewalk Assessment pursuant to City Invitation to Bid No. 2016-225-KB and any addenda thereto (the "ITB"), and Contractor's bid in response thereto. This Contract, the ITB, and Contractor's bid in response thereto shall 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, Giancarlo Pena, Public Works- Engineering at 305-673-7000 ext. 6343. 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: IMS Infrastructure Management Services, LLC. 1820 W Drake Drive, Suite 104 Tempe, AZ. 85283 Attn: Donald Hardt Phone: 847-506-1500 Fax: 480-839-4348 E-mail: dhardt(c�ims-rst.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. Q. 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, which constitute part of the Contract Documents, 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 thip Certification of Contract to be signed and attested on this 3 day of Nv mer, 20% by their respective duly authorized representatives. IMS INFRASTRUCTURE MANAGEMENT CITY OF MIAMI BEACH SERVICES LLC. By L`MM By 2Vk / ana V Member/ Signature Philip Levine, 5-‘1311 IsK\A'L / 9/A-3-01 Print Name ATTEST: ATTEST: Seere4evy/ Signature Rafael E. Granado, City ler lack..0.e 11 /3iiko Print Name Date 81 Iy�t �- off(-q� ?�P '' Date -i \, "y s .� �. : . INCORP ORATED: :mss 4. /f�� k 0��2 �cH 26� '�s APPROVE�1,rt:Alloo*�� FORM &LANGUAGE &FOR EXECUTION /�� y�// �r r �� OFC. Attorney me Date 5 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS INVITATION TO BID ( ITB) SIDEWALK ASSESSMENT 2016-225-KB BID ISSUANCE DATE: SEPTEMBER 16, 2016 BID DUE: SEPTEMBER 30, 2016 @ 3:00 PM ISSUED BY: MIAMIBEACH KRISTY BADA, CONTRACTING OFFICER II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.74901 KristyBada @miamibeachfl.gov I 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 ITB 2016-225-KB 2 ® 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.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this bid is to establish an agreement, by means of sealed bids, to a qualified firm for the assessment of sidewalks with in the City of Miami Beach. The City seeks to establish a GIS or City Works database of Americans with Disabilities Act (ADA) side walk deficiencies within the entire city. The assessment shall be based on 2010 ADA Standards for Accessible Design and the Florida building Code 5th Edition (2014). The sidewalk assessment shall include approximately 320 miles (6,766,389 square feet of 4-foot average width) of sidewalks. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued September 16, 2016 Pre-Bid Meeting There will not be a Pre-Bid Meeting for this ITB.Any questions are to be submitted pursuant to Section 4 below. Deadline for Receipt of Questions September 23, 2016 Responses Due September 30, 2016 Tentative Commission Approval Authorizing Award October 19, 2016 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: KRISTY BADA 305-673-7490 KRISTYBADA• MIAMIBEACHFL.GOV Additionally, the City Clerk is'to be copied on all communications via e-mail at: RafaelGranado • miamibeachfl.•ov 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 seven (7) 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 2016-225-KB 3 GI MIAMI BEACH 4. PRE-BID MEETING OR SITE VISIT(S). INTENTIONALLY OMITTED. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the 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/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/Drocurement/scroll.asox?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing ITB 2016-225-KB 4 ® MIAMI BEACH 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. NOT USED. 12. 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. 13. 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. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s)and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids 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. 15. 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. ITB 2016-225-KB 5 • ® MIAMI BEACH 16. 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. 17. 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. 18. 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. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 21.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). 22. 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. 23. 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. 24. 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 ITB 2016-225-KB 6 MIAMI BEACH 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. 25. 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. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. 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. 28. 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. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s)from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement Management(DPM), 1700 Convention Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk. 30. 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. ITB 2016-225-KB 7 ® MIAMI BEACH 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. 31. 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. 32. 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. • 33. 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. 34. 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. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. 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 ITB 2016-225-KB 8 MIAMI BEACH subsection. 36. 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. 37. 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. 38. 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. 39. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 40. 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. 41. 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. 42. 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. ITB 2016-225-KB 9 m MIAMI BEACH 43. 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. 44. 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. 45. 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. 46. 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. 47. 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. 48. 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. 49. 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. ITB 2016-225-KB 10 m MIAMI BEACH 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. 50. 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. 51. 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. 52. 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. 53. 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. 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 55. 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. 56. 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. 57. 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 ITB 2016-225-KB 11 m MIAMI BEACH government or non-profit agency. 58. 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. 59. 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. 60. 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. 61. 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). 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 63. 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. 64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from ITB 2016-225-KB 12 MIAMI BEACH 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. 67. 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. 68.TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. 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. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. 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. 72. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. ITB 2016-225-KB 13 ® MIAMI BEACH 73. 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 2016-225-KB 14 m 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 B). • TAB 3—Documentation indicating compliance with Minimum Eligibility Requirements. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2016-225-KB 15 APPENDIX "A" 4,7A MIAMI BEA H Proposal Certification , Questionnaire & Requirements Affidavit ITB No. 2016-225-KB SIDEWALK ASSESSMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor Miami Beach, Florida 33139 Solicitation No: Solicitation Title: 2016-225-KB SIDEWALK ASSESSMENT Procurement Contact: Tel: Email: KRISTY BADA 305-673-7490 KRISTYBADA @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: 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. 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. When requested by the City, 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.comlwebappl wcs lstoreslservletlSupplierPortal?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. 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. 4. 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. 5. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by 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). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. 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/. 8. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement,the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13(October 1,2012),the hourly living rate will be$11.28/hr with health benefits,and$12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft.Lauderdale,issued by the U.S.Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by resolution,elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurement/. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance.To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 10. 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. 287.0. 17 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. 11. Non-Discrimination. Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code, including the blacklisting, divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. 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. 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, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied, as to its content, its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. PROPOSER:CERTIFICATION, I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: APPENDIX B MIAMIBEACH " No Bed " Form ITB No. 2016-225-KB SIDEWALK ASSESSMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor Miami Beach, Florida 33139 Note: ht is important 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 .the City with information on how to improve the solicitation process_: ,Failure to submit a "Statement of No Bid"_may result in not being,notified of future solicitations by the City.. 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 DEPT. OF PROCUREMENT MANAGEMENT ATTN: KRISTY BADA PROPOSAL#: ITB 2016-225-KB 1755 MERIDIAN AVENUE, 3RD FLOOR MIAMI BEACH, FL 33139 APPENDIX C (IA, MIAMI BEACH Minimum Requirements & Specifications ITB No. 2016-225-KB SIDEWALK ASSESSMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor Miami Beach, Florida 33139 I Cl. 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(defined as the Firm) shall have completed or in the process of completing at least one (1) projects for sidewalk assessment or similar scope of work within the last five (5) years. Required Submittals: Provide a list of the relevant projects and, for each project, include the following: awarding agency, agency contact, a brief description of the project, years of project(start and completion), and project cost(s). C2. Statement of Work Required. The purpose of this bid is to establish an agreement, by means of sealed bids, to a qualified firm for the assessment of sidewalks with in the City of Miami Beach. The City seeks to establish a database of Americans with Disabilities Act(ADA) side walk deficiencies. The assessment shall be based on 2010 ADA Standards for Accessible Design and the Florida building Code 5th Edition (2014). The sidewalk assessment shall include approximately 320 miles (6,766,389 square feet of 4-foot average width) of sidewalks, map included as Appendix G. Qualified firms shall assess accessibility of the following potential non-compliant issues: 1. Sidewalk Widths, including obstruction locations (e.g. utility poles)and access width. 2. Driveways which are within City of Miami Beach right-of-ways. 3. Vertical changes in surface level (e.g. cracks). 4. Cross slope and running (longitudinal) slope. 5. Handrails. 6. Inventory of curb ramps by location, including crosswalks without curb ramps, slopes, landings, locations, and detectable warnings. 7. Ramps including detail of landings, railings, width at turn and edge protection. C3. Specifications Project will be divided in two phases: Phase I: Data Gathering and Preparation Firm will be responsible for collecting existing conditions for all the sidewalks within the city right of way. The data will be collected by walking the entire City's sidewalks. It is the firm's responsibility to use any required instrument to measure and record the exact location, type and degree of non- compliance issues. Geo-referenced photos will be required as part of data collection for non- compliance sidewalks. Firm will generate a GIS base map for the entire project. The City will provide available GIS files which include existing sidewalk, roadway, and fire hydrant database. Firm shall create a semi- automated GIS or Cityworks data-entry form compatible with city mobile and electronic devices. Cityworks is the City's software program for daily field operations, which includes GIS mapping information. Phase II: Data Analysis and Updating GIS/Cityworks Database: Firm shall follow 2010 ADA Standards for Accessible Design and Florida Building Code 5th Edition (2014) to determine minimum requirements for all compliance items. After all the data are categorized within GIS software, firm will create new layer within the City's existing GIS framework showing all the ADA accessibility concerns. Firm will also cross-check the non-compliant curb ramps and non-compliant sidewalk with the City's current pavement-management master plan; so that roads that are being improved as part of the master plan can also have any needed curb ramp and sidewalk construction performed simultaneously. City will provide unit-cost prices for non-compliant sidewalk repairs, curb ramp construction. The firm shall prepare a cost estimate for sidewalk repair and curb ramp construction by neighborhood based on the unit-cost prices provided by the City. A ranking system for the ADA-compliance issues will be developed based on city's recommendation. The firm will provide the City with the following: 1. Summary report of the gathered data 2. GIS files 3. Cost estimates 4. Priority construction list of non-compliant issues APPENDIX D gl-= MIAMI BEACH Special Conditions ITB No. 2016-225-KB SIDEWALK ASSESSMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor Miami Beach, Florida 33139 1. TERM OF CONTRACT. The contract(s) entered into with the successful proposer(s) will have an initial term of one (1)year. 2. PRICES SHALL BE FIXED AND FIRM: All prices quoted in the awardee's bid submittal shall remain firm and fixed, unless amended in writing by the City. 3.1 COST ESCALATION. Prices must be held firm during the initial term of the agreement. During the renewal term, the City may consider prices increases not to increase the applicable Bureau of Labor Statistics (www.bls.gov) CPI-U index or 3%, whichever is less. The City may also consider increases based on mandated Living Wage increases. In considering cost escalation due to Living Wage increases, the City will only consider the direct costs related to Living Wage increases, exclusive of overhead, profit or any other related cost. 3. EXAMINATION OF FACILITIES. Not Applicable. 4. INDEMNIFICATION. Provider shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' 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 this Agreement by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider 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 issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider 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. 5. SUB-CONSULTANTS. The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub-consultant by the City Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub-consultants shall be the sole responsibility of Consultant. APPENDIX E CS MIAMI Cost Proposal Form ITB No. 2016-225-KB SIDEWALK ASSESSMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor Miami Beach, Florida 33139 APPENDIX A PROPOSAL TENDER FORM Failure to submit Section 5„Bid Piceform, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being'rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form (Section 5) shall be initialed. Item Description Quantity U 1 M Total 1 Phase I 1 LS $ 2 Phase II 1 LS $ TOTAL: Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: • APPENDIX F MIAMIBEACH Insurance Requirements ITB No. 2016-225-KB SIDEWALK ASSESSMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor Miami Beach, Florida 33139 trA 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. APPENDIX G BEACH MIAMI SIDEWALK PAVEMENT MANAGEMENT ITB No. 2016-225-KB SIDEWALK ASSESSMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor Miami Beach, Florida 33139 1 j r '.,+i "; :; - '� p �ce9v.p os1i- D 01.00E'o ` T ei ! �Ji \ _ iyaoid' n e r 11 1 a 4.,•w 1 , F0 Vb l �'' + it . . . �i, ' - -- I113E0 - Ill yi. vi;'W tTX BY jl .RN..• /v -' A -----effiso)9, . _d Not Y. C i I 3..rr .. =Nil 3��H A 3' 4. .. coo �� .- �iti ,YX .S.'W �...-... 1 to I II: lgligd:i •r 4 -'Rqqs,%-:.,Nkfli I ' 1l: Path:M:\$C MB\GIS\Maps\SidewalkPavementManagement_SizeLetter.mxd 0 0.25 0.s 1 i.s City of Miami Beach M,es Sidewalk Pavement Management System N W 4U-E i VO ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB,) 'MS IMS Infrastructure Management Services Consultants 1 Engineers Ili' A - a ______ __ „., , .,.... . .. . , _,_ ,._ , , .„Li,„,„.• .....„ __ __ _ I.. . „, „... .. _ _ . .r. _. _ . .,.. , __ . . . __ . •/4.I..... , - ; ._ _ Bid—Proposal ITB 2016-225-KB Sidewalk Assessment September 30, 2016 - 3:00 PM City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 consulting engineering IMS Office Location data collection 1775 Winnetka Circle software Rolling Meadows, IL 60008 (847) 506-1500 ph (847) 255-2938 fax www.ims-rst.com IMS Infrastructure Management Services 1775 Winnetka Circle,Rolling Meadows,IL 60008 Phone:(847)506-1500 Fax:(847)255-2938 September 28, 2016 www.ims-rst.com City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 3313 9 Attention: Miami Beach Evaluation Committee Reference: ITB 2016-225-KB Sidewalk Assessment Dear Evaluation Committee, IMS Infrastructure Management Services is pleased to submit our proposal for the above referenced project to the City of Miami Beach. With over 30 years of pavement and asset management experience, we have become international leaders in the provision of data collection methodologies and software configuration, and have developed a streamlined approach to analysis of collected data. With our sole focus on asset management services, the City of Miami Beach will acquire quality data, exemplary service, and reliability that define our commitment. This level of quality and commitment has resulted in IMS routinely traveling across the United States and Canada to complete projects. The authorized negotiator for the IMS submission is: Donald L. Hardt, Client Services Manager IMS Infrastructure Management Services, LLC 1775 Winnetka Circle, Rolling Meadows, IL 60008 Phone: (847) 506-1500, Fax: (847)255-2938 E-mail: dhardt@ims-rst.com We want to thank you for your consideration of IMS as a viable solution for the development of the sidewalk and ADA ramp management program, and we will strive to become an asset and extension of the Miami Beach team. Based on careful review of the project scope, we are confident that we can provide the requested services in a cost effective and time efficient manner. Thank you for your time and consideration. Regards, IMS Infrastructure Management Services el)a‘e' Donald L. Hardt Client Services Manager ITB 2016-225-KB Sidewalk Assessment Cover Letter APPENDIX A PROPOSAL TENDER FORM Failure to submit Section 5. Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form(Section 5)shall be initialed t an Description U M Total 1 Phase I 1 Ls $ 57 855 2 Phase II 1 Ls $ 19.927 TOTAL 77,782 Bidder's Affirmation COMfarir NS Infrastructure Management Services. LLC Auaiorftad : Donald Hardt, Client Services Manager Addis's: 1775 Wnnetka Circle, Rolling Meadows,IL 60008 TwpAons: (847)508-1500 Emit dhardtaans-rstcorn Authorized Representative'.Signature Solicitation No. Sarateia+Toe 2016-225-KB SIDEWALK ASSESSMENT Proarwwit Contra TN: I Emit KRISTY BADA 305-673-7490 KRISTYBADA @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. FIRS/NAME IMS infrastructure Management Services, LLC No d Yens in Bwnen t 2 Nod Yews in eyeglass LOCI* N/A OTHER NAMES)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS N/A Feu PRIMARY ADDRESS(HE/O011ARTERS). 1820 W Drake Drive,STE 104 CITY Tempe STATE 001 Arizona 1 85283 TELEPHONE NO (480)839-4347 TOLL FREE NO FAX NO. (480)839-4348 Few LOCAL ADDRESS 1775 Winnetka Circle CITY Roiling Meadows STATE Ilknois ZIP CODE 60008 PRIMARY ACCOUNT REPRESENTATNE FOR THIS ENGAGEMENT Donald Hardt ACCOUNT REP TELEPHONE NO. (847)506-1500 ACCOUNT REP TOLL FREE NO ACCOUNT REP EMAIL d ardtaims-st.corn FEDERAL TAX CENTFICAT1ON NO.. 20-0843083 The City reserves the right to seek additional information from Proposer or other source(s), inducing but not limited to:any firm or principal information. applicable licensure,resumes of relevant individuals,diets information.financial information.or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements Veteran Owned Business.Is Proposer dams a veteran owned business status? YES © NO SUBMITTAL REQUIREMENT:Proposers claiming veteran owned business status shall submit a documentation proving that firm e 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 20114748. 2 Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SCR)directly to the Procurement Contact named herein.No proposal will be considered without receipt, by the City, of the SCR directly from Dun &Bradstreet. The cost of the prepera6lon of the SOR sraf be the responsibility of the Proposer The Proposer shall request the SCR report from D&B at https://suoolieroortaldnb.comtwebsooiVrcsIstmelest=1169i 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 pouible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 100.424.2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun &Bradstreet Submit its Supplier Qutifier Report directly tc the City,wKh bid or*tun 2 days of request. VAS will submit this fa an Ohio Oro days of request 3 Conflict Of Interest All Proposers must*dose,n their Proposal,the name(s)of any officer,director,agent.or immediate family member (spouse. parent sting, and child)who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employes who owns,eater directly or indssctly, an interest of ten (10%) percent or moron the Proposer entity or any of its titillates. 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 IMS dams oot have any relidiooshio that would be cause for docilict of interest 4 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. ATTACHED as IAB 3 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 5 Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- ante by any pubic sector agency? [ YES X fNO SUBMITTAL REQUIREMENT: If answer to above is`YES.'Proposer shall submit a statement detailing the reasons that led to actonis) 5 Vendor Campaign Contributions.Proposers are expected to be or become famiiar with,the City's Campaign Finance Reform aws. as codified in Seclorhs 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform Was are=pied with,and shall be subject to any and all sanctions. a preeddbsd therein,inducing dlsquallcadon of Its Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all ledhiduals or entities(ndudng your sub-consultants)with a controlling Iaaidsl iiWrest as defined in soldtadon.For each itcidded or entity with a controlling financial interest indicate whether or not sech itdvidual or entity has contributed to the catapelge ether directly or indirectly.of a canhdidals who has been elected to the dice of Mayor or City Commissioner for the City of Miami Beech. IMS and its emp1ayaes do not have any&VOW I0111311t of tMrO01000 Oft*Ma a 7 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 firms 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.miamibeachl.govlpnxurement/ Statement attached to lab 3- 8. Living Wage.Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time. Proposers shall be required to pay all employees who provide services pursuant to this Agreement the hourly living wege rates listed below: • Commenang with City lead year 2012-13(October 1,2012),the hourly living rate will be S11.26Rr wlUt health benefits,and S12,92/hr without benefits. The living wage rate and health care bevels rate may. by Resolution of the City Commission be indexed annually for inflation using the Consumer Price index for al Urban Consumers(CPI-U)Miami/Ft Lauderdale,issued by the U.S.Department of Labor's Bureau of Labor Statistics. Nobaitistanding the preced ng,no annual index shall exceed three percent(3%).The City may also,by resolution,elect not to index the living wage We in any particular year,if it determines it would not be fiscally sound to implement same(in a perkily yew). Proposers'failure to comply with this provision shal be deemed a material breach under this proposal,under which the City may, at is sole option,immediately deem said Proposer as non•responeivs,and may further subject Proposer to additional penalties and lines,as provided in the City's Living Wage Ordinance.as amended. Further information on the Living Wage requirement is salable at www:mianhibeachl.gov/procuremenu SUBMITTAL REQUIREMENT:No additional submittal is required By virtue of executing this affidavit document Proposer agrees to the lying wage requirement 9. Equal Bans for Employees with Spouses and Employees with Domestic Partners.When awrarding competitively sokled contracts veined at over$100.000 shoes contractors maintain 51 or more Ail time employees on their piyretls dosing 20 or more calendar teak weeks,the Equal Benefits for Domestic Partners Ordnenae 2005-3494 requires certain contractors doing business win the Cly of Miami Beach.who are awarded a contract pursuant to compaivs proposals,to provide'Equal Bemis*to their employees with domestic prtners, as they provide to emptoy'ses with spouses, The Ordnance applies to air employees of a Contractor who wort within the City limits of tie City of Miami Beach.Florida:and the Contractor's employees located in the Untied States, but outside of the City of Miami Beach limits.who are directly performing work on the contract within the City of Miami Beach. as IMS does not anlolOY 51 of Mtn full time emPloYees• A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES MN NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? YES NO C. Reese check al benefits that apply to your answers above and ist in the 'other` section any additional benefits not already speeited.Noe some benefits we provided to employees because they have a spouse or domestic partner, such as bereavement leave;other books are provided directly to the spouse or domestic partner,such as medical insurance BENEFIT I Firm Provides for Firm Provides for Firm does not 1 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 wilting to offer domestic partner coverage)you may be sips for Reasonable Measures compliance To oomply on this basis, you must agree to pay a cash equivalent and submit a completed Reasomble Measures Application (attached) with all necessary documentation. Your Reasonable Measures Appication di be Wowed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Managers decision is iral. Further information on the Equal Benefits requirement is avaiabie at www.miamibeatchl.gov/proairemenli. 10 Public Entity Crimes.Section 287 133(2)(a),Ronda Statutes,as currently enacted or as amended from time to time,states that a person or dilate who has been placed on the convicted vendor lei blowing a conviction for a pubic entity crime may not submit a proposal, proposal, or reply on a=tract to provide any goods or services to a pubic entity; may not submit a proposal, prepped,or reply on a corded with s public entity for fine condo:ion or raper of a pubic bulling or pubic work;may not submit proposed,deposed or replies on tares of red property to a pubic entdly:may not be awarded a perform work as a contractor, suppler,subcorriracbr,or consultant under a contract with any pubic entity:and may not transact burned with any public way of a excess of the threshold amount provided in s.2j7.017 for CATEGORY TWO for a period of 36 months blowing being placed on the convicted vendor Bt. SUBMITTAL REQUIREMENT:No addional submittal is required.By virtue of executing this affidavit document,Proposer ogres with the requirements of Section 287.133,Florida Stetdr,and carnet It has not been placed on convicted vendor let. t 1. Non-Discrimination.Pursuant to City Ordnance No.2016-3990,the City Mel not mist into a contract with a business unless the business represents that R does not and win not engage in a boycott as defined in Section 2-375(a)tithe City Code.including the blacking,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race.cola.national origin,religion.sex intersexuality,gender identity.sexual onentation.mental or f.mM status.age or disability SUBMITTAL REQUIREMENT: No additional submittal is required, By virtue of executing this affidavit document,Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code 12 Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to . Resolution 2016-29375, the City of Miami Beech, Florida. prohibits official City travel to the states of North Carolina and Mississippi,as well as the purchase of goods or services sourced in North Carolina and Mississippi Proposer shall agree that no MIN shalt occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from ems states SUIMM TAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document. Proposer agrees II and shall remain in furl compliance with Resolution 201629375. 13. Acknowledgement of Addendum. After issuance of soitNaion,the City may release one or more addendum to the solicitation which may provide additional 'information to Proposers or alter sdicia ion requirements The City wit strive to react every Proposer having received soldtaion through the City's e•procuremert system. PubucPurchase.com. However, Proposers are solely responsible for assuring they have received any and at addendum issued pursuant to solicitation.This Acknowledgement of Addendum section collies that the Proposer has received all addendum released by the City pursuant to this mid den.Faiure to obtain and acknowledge receipt of at addendum may result in proposal dieq uaiicaton. Wig lo Cation n b Coninn Initial to Cairn Receipt Floc** %cool 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 le required,submit trhdereaparais cow. D'SCLOSDRE AND DISC'LAI^,IER SECTICRI The solicitation referenced herein Is being furnished to the recipient by the City of Miami Beech(the'City')for the recipients convenience. My action taken by the City in response to Proposals made pursuant to this soictiaation.or in making any award,or in wing or refusing to make any award pursuant to such Proposals,or in cancelling awards,or in withdrawing or canceling this solicitation.either before or after issuance of an award.shall be without any liability or abigation 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 inducting, without limitation, the appicant'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 aocu acy of any information in this solicitation. My reliance on these contents,or on any permitted communications with City officials,shall be at the recipients own risk.Proposers should rely exclusively on their own investigations,interpretations,and analyses.The sokrtation is being provided by the Qty without any warranty or representation,express or impied,as to its content its accuracy,or its completeness.No warranty or representation is made by the City or ib agents that any Proposal conforming to these requirements MI be selected for consideration,negotiation,or approval. The City shall have no obligation or labdiiy with respect to this soliafa0on,the selection and the award process,or whether any award will be made.My recipient of this solicitation who responds hereto fully acknowtedges at 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 responsitatty 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 at 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 laity 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 taw. Alt Proposals that be submitted in seated 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 that 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, informlion,and belief. Notwithstanding the foregoing or anything contained in the soliatetion,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 shat be limited to S10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shat not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability co 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. 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.Queslionnaire and Requirements Affidavit are true and accurate. Name of Proposers Authorized Representative Tee or Pfo io..s Auatatisd Donald Hardt Clint Services Manager Dalt 9-23-2016 State of P 0RlDA ILLINOIS) On this 23 day of Septen,bec 2016 personal)/ appeared before me Donald Hardt who iMS Infrastructure County of COOK ) stated that (s)he iS the client Services Manager Management Seniors. of , a corporation, and that the instrument was signed in behalf of LLC the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Daniel M White NA Notary Pubic for the State of Illinois My Commission Expires: 1 - 14-2020 DANIEL M WHITE Official Seal Notary Public•State of minas • My Commotion Expires Jan 14.2420 ��►��— — — • \ � i 3.0 IMS BACKGROUND AND PROJECT SUMMARY 3.1 COMPANY PROFILE IMS Infrastructure Management Services is a pavement - management-consulting firm with over 30 years of direct experience in the industry and we are a premier asset management firm in the United States. As a professional engineering firm, that is �--�,.. 100% dedicated to pavement and asset management, our ability to L 11"_ X151 perform the work goes hand-in-hand with our philosophy on project .' • �' ownership. Every project is assigned a team of dedicated professionals, with the core group comprised of a Project Principal, Project Engineer and Client Services Manager. We can ensure project ownership because each member of the IMS team understands who is accountable for each phase of the project. The IMS team develops tailored sidewalk and ADA ramp capital improvement programs for agencies across the U.S. to meet the compliance regulations. As a firm that specializes in the evaluation of pavement and sidewalks, the City can rest assured that the deliverables will meet the requirements in the scope of work. For the Miami Beach project, we will be based in Rolling Meadows, IL, with operational offices in Arizona and Ontario, Canada. Since our inception in 1985, IMS has progressively developed new technologies together with real-world software applications to become a recognized international leader in the field of pavement and infrastructure management. Our software solutions provide the tools required to meet the complex challenges within modern urban and rural environments. A brief history of IMS is as follows: 1983 ` 1985 1997 2000 2004 2012 •Road Surface •IMS formed as •Terracon •RST capability •Employee •Data Tester(RST) a partnership purchases IMS is expanded purchase of processing technology between Novak -expands its with the IMS, western capability introduced to Dempsey, services and addition of United States expanded the North Swedish expertise. GPS and and Canadian through American National Roads digital camera presence automated market. Authority and capabilities for expanded. programs and Delcan, Ltd. asset data. routines. Since 2004, IMS has completed more than 500 pavement management assignments for government agencies and private-sector companies throughout North America. IMS achievements include: • Certified for ASTM D6433 data collection and participation in ASTM sub-committee E1741 and TRB subcommittee AFD20 on pavement monitoring and valuation. • 500 City and county agencies plus 25 large-scale public works departments. • Collected data for more than 15 different software platforms, ranging from our own proprietary systems, to 3`d party programs including Lucity, Cityworks, PAVER, RoadMatrix, and others. • Developed the data collection tools that set the standard for automated, objective surveys. IM 5 JIB 2016-225-KB Sidewalk Assessment Page I IMS Equipment Inventory In addition to providing professional engineering and software services, IMS operates an advanced, state- of-the-art fleet of data collection units. All equipment is owned and operated by IMS. 2 Sidewalk Surface Testers (SST) �• The Sidewalk Surface Tester (SST) is a purpose built field data collection unit designed primarily for surveying municipal _` sidewalks, rights of way and parking lots. The SST employs the Or% NOMAD data collection software that integrates the survey inventory (GIS), field maps, GPS and field data collection into a single platform. NOMAD may be customized for virtually any type of survey ranging from sidewalks, parking lots (following ASTM D6433)to full sign surveys. 4 Laser Road Surface Testers (RST) The RST is capable of collecting automated pavement condition data and a full suite of right-of-way asset information in a single pass. The RST incorporates lasers, distance measuring instruments, accelerometers and rate gyroscopes, high definition cameras positioned for forward, rear right-of-way, and side view high-definition imagery and video, and inertial navigation based GPS. The RST is equipped with 11 laser sensors; 7 specifically dedicated to rutting and 4 high speed lasers for cracking. IMS can meet ASTM, FHWA LTPP, PASER, and other standards. 2 Dynaflects Dynaflects provide nondestructive, multi-sensor dynamic • -�__ aor emnl he . a deflection 30-year d historyta f of pav collecting et dependable structure analysis., repeatableDynaf ects data, and 1 may be used on asphalt and concrete roads. Through the use of load wheels and an oscillating weight, the unit applies a ,.►�" nondestructive 1,000lb load to the pavement and measures the c+i loads deflection through a series of sensors. Software Solutions IMS has been a leader amongst professional engineering firms • in the development and application of pavement and asset management software solutions. The IMS staff has undergone numerous pavement management software evaluation and --- r ' implementation assignments. IMS is also a preferred data collection firm for multiple software applications including Lucity and PavePRO. Our reach extends from modest public domain 1 systems such as PAVER, enterprise software like Lucity, and complex engineered systems like Deighton. IMS 'TB 2016-225-KB Sidewalk Assessment Page 2 3.2 SIDEWALK ASSESSMENT EXPERTISE IMS is a professional engineering firm dedicated to asset management across all regions. Our 30+ #"` years of experience has taken us from Key West, ,! Florida to Vancouver, British Columbia and virtually everywhere in between. This experience will benefit ' the City of Miami Beach, as we have developed = R sidewalk management programs for a diverse group 'f._ of agencies, utilizing multiple software platforms. As a firm IMS performs comprehensive pavement - management program projects for 50 to 60 agencies on an annual basis, with another 5 to 10 typically requiring a sidewalk and ROW asset data collection program. Understanding Cityworks Integration & GIS Linkage: The role of GIS in asset management cannot be overstated. It is a powerful tool that provides the ability to handle and present vast amounts of data in an efficient manner. Not only does GIS allow a city to visually plot textural data, it also establishes an easy access portal to the data through an efficient integration with many 3rd party asset management applications such as Cityworks. The Cityworks integration activities will include configuring of the sidewalk and ADA ramp inventories to "think" like the City does when developing their strategies. We will also ensure that the Section ID's match the Facility ID's from Cityworks and incorporate the recent rehab work history into Cityworks, either through training with the City staff or input by the IMS team. Our team's knowledge of Cityworks will ensure a properly linked and functioning database for Miami Beach. This data is a valuable management tool for integrating the City's asset management program for years to come. While the SST is traversing the sidewalks, it will be mounted with `✓'""""' t ;�:.• J forward-facing HD cameras for use A44 in QA/QC and for delivery to the °° • �. client. The imagery from the field • .w. =• /JP T r surveys will ensure that the •• • �• • • - distresses have been properly rated • U �9f r. and that the GPS was functioning �� � properly for spatial accuracy. IMS • ♦ s� can "hot-link"the images to the City's GIS application and then prep for load to Cityworks. "" Our philosophy is based on the provision of a quality sidewalk and ADA ramp management program offering the City the requisite tools for maintaining its network. As illustrated in the map, IMS has developed many pavement and ROW asset management programs throughout Southeast region. 'MO ITB 2016-225-KB Sidewalk Assessment fore 3 3.3 PROJECT PROFILES The following projects are provided as a testament to our ability to provide sidewalk and ADA ramp data collection programs. City of Carrollton, TX Contact: John Crawford, Public Works Director Address: 2711 Nimitz Lane, Carrollton, Texas 75007 Phone: (972)466-4308 In 2015, IMS included a comprehensive sidewalk and ADA ramp inventory, covering the entire network utilizing the IMS Sidewalk Surface Tester. The project included a very detailed assessment of each sidewalk in the City including distress rating, obstructions and the development of a multi-year report. Since 1998, IMS has been the City of Carrollton's dedicated pavement management consultant. We have completed 7 data collection cycles with the most recent project awarded in October of 2014. The Laser RST technology was continuously used on the Agency's 710-mile street network and collects a full range of concrete and asphalt surface distress defects. After the data is collected, it is processed, formatted, and loaded to the Agency's PavePRO Manager software. The data and the pavement management software are linked to the Agency's existing GIS environment City of Pearland,TX Contact: Mike Leech, Assistant Director of Public Works Address: 3501 E Orange St, Pearland, TX 77581 Phone: (281)652-1914 Email: mleech @pearlandtx.gov Awarded to IMS in 2014, the City of Pearland scope included data collection and a software evaluation. IMS mobilized the Laser RST to survey all of the Agency's roadways, approximately 475 linear miles. The IMS team performed a comprehensive pavement and asset management implementation that included pavement data collection, right-of-way asset inventories (sidewalks, ADA ramps, curb/gutter, signs, etc.), the development of a 5-year pavement analysis and report, and implementation of a web based data viewer. In addition, IMS completed a comprehensive 5-year sidewalk analysis developed using the remaining service life of each sidewalk throughout the City. City of Claremont,CA Contact: Cari Sneed, Management Analyst Address: 207 Harvard Avenue, Claremont, CA 91711 Phone: (909) 399-5431 Email: csneed(c�claremont.ca.us Awarded as a competitive bid in 2016 to IMS, the scope of work included the development of a sidewalk condition assessment along with a citywide park and facility walkways condition survey. The IMS team surveyed each sidewalk and walkway with the SST covering over 230 miles of sidewalks and 20 miles of walkways. IMS linked all data to GIS for the development of an analysis of the condition results for the City to implement a CIP. IMS is also currently performing a detailed SST sidewalk and ADA ramp program for the City of Las Cruces, New Mexico. The data will be used to develop a multi-year M&R program for the City. /TB 2016-225-KB Sidewalk Assessment Page 4 3.4 DEVELOPING ROW ASSET INVENTORIES IMS Approach to Sidewalk and ADA Ramp Inventories The IMS Sidewalk Surface Tester (SST) uses high-end GPS coordinate data, the NOMAD GIS-based data collection tool, and digital cameras positioned for QA/QC purposes and deliverables. For the City of Miami Beach, IMS can collect detailed distress, location and obstruction information for sidewalks and ADA ramps across the City's 320 miles. The asset inventories are supplemented with air photos and GIS to ensure positional accuracy. The IMS technology is an open architecture system that allows virtually any type of asset to be defined for collection of location, attribute, and condition data. Once an asset is observed, the operator toggles to the individual record input screen and proceeds to input the appropriate attribute and associated information. Wherever possible, "pick lists" are employed to streamline the data entry function and provide uniform, high quality data. IMS confirms the feature attributes to be collected with the client prior to data collection. The images and GPS data are merged on a frame-by-frame basis. The images are then post-processed using a specialty piece of GIS and image viewing software. Using SST imagery, the existing centreline GIS, and aerial photography, IMS spatially plots each sidewalks, ADA ramp and obstruction in its real world location. Below is an image of a recent sidewalk inventory and ADA ramp inventory completed for Pearland, Texas within a GIS environment. The inventory was provided as a personal geodatabase, Google Earth KMZ file, and was loaded to their web based viewing application implemented by IMS. The map below illustrates sidewalks conditions using descriptive terms and also associates each category with its assigned remaining service life(RSL). .. 3 ; ,, J waRR►was tors r�°H 1 ,,,..s , 8 y jf i 6 1 • ♦ a ,., ✓ ..... 71.'1 ��m.m4»+"r l/oo oP IhW E S Lm NowaLIhq:E:�� Rec�elcn —•ssrRM" °a'. .e „w.... yr .wei L m» i � h ., ,.M MOO .....1 Brookside '° .i' -ter, — ( '?. ..�. � ter,! ...�.. �wA f � Qt - .°,' . . — i -.,: i \ ,rv� t%-3 7 ;vti- \ -.;'`ll . -i gin, c r vs.,IRT ' t. v- / ': - .T rd. 1 . y1.lrl 111 ) E' ti 14 -- �Q.� T_ dire `' ';'� III 4 .L n1�41Wi•. t— i M�IS�r.r• j ai nReaRlas CI i ' I 1 • ••0•40» / uc Pearland Texas SideWalks Sondition CondllbnLaMl Sidewalk Survey Very Good(SO to 100%RSU bMRL asL-Rmumnq service L,I. Good ISO to S0%010)dr.R.j eewr on.)S re+r.0.0.,.write IF. the RSL,s the pen....W IM let in 1M 0Were.bated on .--- F.,(e0 to yo%RSL)(mni0) 00 Ntw of P..r,swl.0 44,00 renrp of t5.0,0.0.0. Pod(20 to SO%051)(led) d Rs es,enebd a. W..11.e r.w w DM MS !TB 20/6-225-KB Sidewalk Assessment Page 5 Sidewalk and ADA Ramp Assessment A comprehensive sidewalk and ADA ramp survey can be conducted with many different methodologies. IMS has developed a couple of approaches that are cost effective, time-efficient, and deliver spatially accurate data. An RST- based sidewalk and ramp survey conducted in conjunction with a street condition assessment provides good inventory, attribute and general condition An SST-based survey is .4DA compliance programs are evolving with performed by actually driving each patching,crack sealing,chip,and.slurry seals. sidewalk and provides detailed data to determine if the sidewalks and ramps are compliant with current standards. It includes sidewalk materials, condition assessment, trip hazards, grade, cross slope, width, passing space and intervals, obstructions, vertical clearance, obstacles and protruding objects and special concerns to the City. ADA ramp surveys include assessment of curb ramps, gutters, landings, flares, slope, truncated domes and other raised tactile surfaces, and more. Proposed Survey—Based on the scope in the ITB, it appears that the City is looking for a more detailed survey to determine compliance with current ADA requirements. The SST will be mobilized to perform a detailed compliance survey on the 320 mile sidewalk system. As the City has an existing inventory of its sidewalks, it will be important for IMS to ensure proper GIS linkage with Cityworks if A - prior to the commencement of the data collection program. • Another deliverable is a geodatabase containing the sidewalk inventory and condition assessment information. The data will A also be delivered in an Excel spreadsheet to the City of Miami • 1) Beach. All data would also be prepped, loaded and managed in '114.�MS the Cityworks module. As the SST drives the City's sidewalks, the IMS field technician 1 'r will conduct an onsite field assessment of all sidewalks and ADA 1 ramps. The IMS technician will perform a condition assessment kk I on a good, fair, poor (GFP) rating scale, or similar, based on a discussion and review of parameters with the Miami Beach staff. ; • Additional important observations will be made including material, Pictured is.S.SI I 10 - type, width, location, and obstructions. -� IMS has also developed a program for spatially locating and assessing key condition factors relating to ADA ramps. The ADA ramp attributes are developed using the SST field technician and are supplemented with the GIS line work developed within an ESRI environment. Key specifications related to the SST have been provided on the following page. 'RAM ITB 2016-225-KB Sidewalk Assessment Page 6 f ® \j Sidewalk Surface Tester(SST) Configuration The SST is a purpose built field data collection unit designed primarily for surveying municipal sidewalks, rights-of-way Pictured is SST 2 and parking lots. The SST is equipped with the following: Front and rear strobe lights and safety signage, plus ', L- • a fire extinguisher, air pump and tool kit. ra ,V i_ "-a: • E-Prance HD Camera with remote on/off. ) 'y a___.---" • Toughbook computer complete with touch screen — i �'�1� P@ and GPS. ll - - . • Tilt and grade meters, fault meter (adjustable between '/<"to 1 1/2"faults). . • 6" and 24"digital levels plus a 32"obstruction baton. • On-board 450W power inverter for cell phones, notebook, HD camera and radio. • Tow vehicle and trailer. The SST employs the NOMAD data collection software that integrates the survey inventory (GIS), field maps, GPS and field data collection into a single platform. NOMAD may be customized for virtually any type of survey ranging from sidewalks, ADA ramps, parking lots (following ASTM D6433) to full sign surveys. The unit may be staffed by one or two field technicians depending on the complexity and size of the project. The SST is equipped with tilt and grade meters, fault meter (a wheel slung below the SST), safety signage and lights, computer (NOMAD survey application and map), GPS and HD camera. The SST is able to climb 8"curbs with ease. Below is an image of a recent sidewalk inventory and ADA ramp inventory that IMS completed for a municipal agency. The inventory was provided as a personal geodatabase, Google Earth KMZ file, and was loaded to their asset management application. ‘—.----1._.�'' � ��.)�r • - n Tom',{ . r ', ,1 —r ....Xi 1 Niti . ' ' -,-=-'11i17 ;01 \ A w ' a WPM CARROLLTON adawah Canaan Rating o by Sidewalk Segment I M S 1TR 2016-225-KR Sidewalk Assessment Page 7 ADA Ramp Inventories While ADA Ramp compliance is imperative to public safety, it is also a mandated federal requirement that is being monitored by the Department of Justice (DOJ). In a March 2014 briefing memo, the DOJ clarified their regulation and specifically defined which street maintenance and rehabilitation activities would trigger ADA alterations and/or maintenance activities (image seen below). Fortunately, the IMS methodology to ADA Ramp Inventories is comprehensive and linked to the City's GIS. ADA alteration costs can be included in the final pavement management report as a programed unit rate burden if desired by City staff. c a, a) v, a4 4g, o L a ° U cu bD -� CU cLJ v cti 73 w p C E u F u C O C cC " C cc4 C U O v N 'C u Z ° C U L ^C u s..To CU ^ y co c4 ca -611:1 C c4 ^ cy s' > ° cC $0. C• LL a) CU cC cJ] L. Gn s" a) Lt. O O O r , CC C bA y" C C O �_ > s" C O LT- cn u p 4 O U _ < < < CG c4 Z ADA Maintenance ADA Alterations The SST image below illustrates a non-compliant ADA ramp due to geometrics. The ADA Ramp attributes are developed with the SST field surveys and supplemented using field imagery and the GIS points are developed within an ESRI environment. The end deliverable is a comprehensive ADA ramp inventory that is delivered in a personal geodatabase format or even a simple Google Earth file if desired. The inventory can also be supplemented with ramp images. Standard IMS ADA Ramp attributes are: • Street segment, ramp ID, & ramp code 1 • Type(7 types including missing ramps) Type IV—Non-compliant due to Ramp function geometrics,narrow or steep approach, •• impairment facilities presence and excessive cross fall. • Orientation and placement • Condition, material, & location !' • Ramp obstructions ' • Ramp X coordinate, Y coordinate, and comments. IMO ITB 2016-225-KB Sidewalk Assessment Page 8 Detail by FEI/EIN Number Page 1 of 2 FLORIDA DEPARTMENT OF STATE `` DIVISION OF CORPORATIONS 5E/7,41Z Detail by FEI/EIN Number Foreign Limited Liability Company IMS INFRASTRUCTURE MANAGEMENT SERVICES, LLC Filing Information Document Number M05000000345 FEI/EIN Number 20-0843083 Date Filed 01/13/2005 State AZ Status ACTIVE Principal Address 1820 W. DRAKE DRIVE SUITE 108 TEMPE, AZ 85283 Changed: 09/23/2009 Mailing Address 1820 W. DRAKE DRIVE SUITE 108 TEMPE, AZ 85283 Changed: 09/23/2009 Registered Agent Name &Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Authorized Person(s) Detail Name &Address Title MGRM SMITH, STEPHEN 1820 W. DRAKE DRIVE SUITE 108 TEMPE, AZ 85283 Title MGRM SADOWSKY, ALAN 1820 W. DRAKE DRIVE SUITE 108 TEMPE, AZ 85283 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiN... 10/20/2016 Detail by FEI/EIN Number Page 2 of 2 Annual Reports Report Year Filed Date 2014 03/20/2014 2015 01/12/2015 2016 02/05/2016 Document Images 02/05/2016 --ANNUAL REPORT View image in PDF format 01/12/2015 --ANNUAL REPORT View image in PDF format 03/20/2014 --ANNUAL REPORT View image in PDF format 03/07/2013 --ANNUAL REPORT View image in PDF format 03/22/2012 --ANNUAL REPORT View image in PDF format 01/27/2011 --ANNUAL REPORT View image in PDF format 03/11/2010--ANNUAL REPORT View image in PDF format 10/07/2009 --ADDRESS CHANGE View image in PDF format 04/15/2009 --ANNUAL REPORT View image in PDF format • 04/25/2008 --ANNUAL REPORT View image in PDF format 01/16/2007 --ANNUAL REPORT View image in PDF format 02/28/2006 --ANNUAL REPORT r View image in PDF format 01/13/2005 -- Foreign Limited View image in PDF format Copyright O and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiN... 10/20/2016 ATTACHMENT D INSURANCE REQUIRMENTS APPENDIX F _..._ LEACH RInsurance ITB No. 2016-225-KB SIDEWALK ASSESSMENT PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor Miami Beach, Florida 33139 EAcH 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. •