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Certification of Contract for the Painting and Striping of Dedicated Bicycle Lanes MIAMI BEACH Pk. CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: FOR THE PAINTING AND STRIPING OF DEDICATED BICYCLE LANES CONTRACT NO.: ITB 2017-032-ND (The ITB) EFFECTIVE DATE (S): This Contract shall remain in effect for period of three (3) years from the date of execution of this Agreement, and may be renewed at the sole discretion of the City, though its City Manager, for two up to (2) additional (1) year terms. SUPERSEDES: N/A CONTRACTOR(S): Atlantic Paving Co., Inc. ESTIMATED CONTRACT AMOUNT NOT TO EXCEED: $1,202,500.00 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on January 11, 2017, approving the award of this contract, and upon execution between the City of Miami Beach, Florida, and Atlantic Paving Co., Inc., a Florida corporation (the Contractor). B. EFFECT - This Contract is entered into to provide for the painting and striping of dedicated bicycle lanes, pursuant to City Invitation to Bid No. ITB 2017-032-ND and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Department of Procurement Management policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number ITB 2017-032-ND. 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, Jose R. Gonzalez, P.E., Transportation Director at 305-673-7000 ext. 6768. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. 1 Certification of Contract 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 corn pensation. 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 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 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Atlantic Paving Co., Inc. 8309 NW 70th Street Miami, Florida 33166 Attn: Rinaldo Cruz Phone: 305-513-8632 Fax: 305-513-8633 E-mail: ravna.atlanticnaving.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 3 election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. 0. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the provisions and 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 Certification of Contract IN WITNESS WHEREOF the City and Contractor ave caused this Certification of Contract to be signed and attested on this l3 day of `"1 , 20 0 , by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BE ,. : // / / By By /'' 'f President/ S gn. . e el"i P rya 1' —r i Pri Name IF f Date , -- 7 Date ATTEST: ATTEST: i 1 � I - ■ Secretary/ Sign.6 City C rk Ac c(rc a.t 6c > Print Name . 'a ill,44 4 a' - 0 - ( .7 ''--. ! ,..:,. .1 ------„. %. -7., $ Date ,r rA:\v 7' ` _, . r. '' ; �; Ni,1.--,7,/, .... . 2Q 'r 'i '1APPROVED AS TO FORM& LANGUAGE &FOR EXECUTION k-C--1: Q6)2,"(L.-- 1- LS- n city Attorney RAf'• D -' 5 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM ._ .•. -.' -''-'........' ',' . ' -'. '• '.', ,.',..,.. , .• , _ .: , .. . .. -..',. . ..-,,....,..-:-...:-..,.. • .• ATTACHMENT B • INVITATION TO BID (ITB) . • - m MIAMIBEACH INVITATION TO BID ( ITB) FOR THE PAINTING AND STRIPING OF DEDICATED BICYCLE LANES 2017-032-ND BID ISSUANCE DATE: NOVEMBER 15, 2016 BID DUE: DECEMBER 12, 2016 @ 3:00 PM ISSUED BY: m MIAMIBEACH NATALIA DELGADO, PROCUREMENT CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 Meridian Ave.3rd Floor, Miami Beach, FL 33139 305.673.7000 x62631 www.miamibeachfl.gov m MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 DEFINITIONS 3 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 5 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 17 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID" FORM APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS APPENDIX D COST PROPOSAL FORM APPENDIX E INSURANCE REQUIREMENTS ITB 2017-032-ND 2 • , m MIAMI BEACH • SECTION 0100 DEFINITIONS • 1. DEFINITIONS. Whenever the following terms or pronouns appear in this document, the intent and meaning shall be interpreted as follows: • 1.1 Bid: shall refer to any offer(s) submitted in response to this ITB. The terms "Bid" and "Bid Submittal" are used interchangeably. 1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative: 1.3 Change Order: A written document ordering a change in the Contract Price or Contract Time or a • material change. . 1.4 City: The City(or Owner)shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.5 City Commission: City Commission shall mean the governing and legislative body of the City. 1.6 City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.7 Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.8 Contract Documents: The official documents setting forth bidding information, requirements and contractual obligations for the project and includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders, Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms, General Conditions, Supplementary Conditions, Plans, Drawings, Addenda, Award by the City Commission, Bonds, Notice of Award, Task Order, Notices to Proceed, Purchase Order(s), Change Order(s), Field Order(s), Supplemental Instructions, and any additional documents the submission of which is required by the Project. _ . 1.9 Contractor: The person or entity with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.10 Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. ITB 2017-032-ND 3 • ® MIAMIBEACH 1.11 Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.12 Plans andlor Drawings: The official graphic representations of this Project which are a part of the Contract Documents. 1.13 Project: The construction project described in the Contract Documents, including the Work described therein. • 1.14 Subcontractor:A person or entity having a direct contract with Contractor including one who furnishes • material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. • 1.15 Surety: The surety company or individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for • Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.16 Task Order: At the request of the City through its Project Manager, the Contractor shall furnish a Task Order for any project under consideration. Each project shall have a project-specific Task Order. The Task Order shall be approved by the Transportation Director. The Task Order shall stipulate the following: • Fixed Project Costs. Project Cost shall be based on plans and specifications provided by the City or field-verified measurements and shall be in accordance with contract unit prices and other pricing terms. • Additional Services. The City anticipates that the significant portion of all green bike lane projects awarded pursuant to any continuing services agreement resulting from this ITB shall - be completed in accordance with the prices established through the ITB. The City recognizes that there may be instances when the need for services in addition to those stipulated herein shall arise. In those cases, the City may negotiate with the Contractor on a mutually agreeable price for the additional services based on available industry pricing. The approval of the City Manager shall be required for any additional services exceeding a project aggregate of$50,000. • • Total Project Cost. • Proiect Approach and Methodology. This shall include any necessary phasing, logistical requirements, etc. • •• Required Permits. • Proiect Duration. • Mobilization Plan. • Project Manager& Contact. • 1.17 Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. • • • • ITB 2017-032-ND 4 ® 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.publicourchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City desires to receive bids from qualified contractors for the installation of bicycle lanes as designated throughout the City. The American Association of State Highway and Transportation Officials (AASHTO), defines a bicycle lane as "a portion of a roadway which has been designated by striping, signage, and pavement markings for the preferential or exclusive use of bicyclists." All work performed pursuant to this ITB shall, at a minimum, be in compliance with stated specifications, as well as Florida Department of Transportation, Plans Preparation Manual, Chapter 8, Sub-Section 8.4, entitled Bicycle Facilities 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued November 15, 2016 Pre-Bid Meeting November 28, 2016 @ 9:00 a.m. (EST) Deadline for Receipt of Questions December 5, 2016 Responses Due December 12, 2016 @ 3:00 p.m. (EST) Tentative Commission Approval Authorizing Award January 2017 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Natalia Del•ado 305-673-7000 x6263 nataliadel•ado• miamibeachfl.•ov Additionally, the City Clerk is to be copied on all communications via e-mail at`: RafaelGranado • miamibeachfl.00v; 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. 5. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) ITB 2017-032-ND 5 tel MIAMI BEACH may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room C 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936(Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 6. 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. 7. 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. 8. 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/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 ITB 2017-032-ND 6 ® MIAMI BEACH • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 9. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 10. 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. 11. 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. 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 ITB 2017-032-ND 7 ® MIAMI BEACH received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character, integrity, reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 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. 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 Procurement Department 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. ITB 2017-032-ND 8 MIAMI BEACH 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 it 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. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 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 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 ITB 2017-032-ND 9 ® MIAMI BEACH bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement Management(DPM), 1755 Meridian Ave. 3rd Floor, 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. 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 ITB 2017-032-ND 10 e MIAMIBEACH 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. 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. ITB 201,7-032-ND - 12 ® MIAMI BEACH the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 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 ITB 2017-032-ND 11 CI MIAMI BEACH 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. 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, ITB 2017-032-ND 13 ® MIAMI BEACH and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 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 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 o r 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 ITB 2017-032-ND 14 MIAMI BEACH Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 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, 1755 Meridian Ave. 3rd Floor, 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 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 ITB 201/-032-ND 15 G MIAMIBEACH 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. 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 2017-032-ND 16 m MIAMIBEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive. All corrections on the Cost Proposal Form shall be initialed. • TAB 2• Bid Certification, Questionnaire and Affidavits (Appendix A). • TAB 3—Documentation indicating compliance with Minimum Eligibility Requirements 3. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2017-032-ND 17 APPENDIX A IAMI BEAC H Proposal Certification , Questionnaire & Requirements Affidavit ITB 2017-032-ND For the Painting and Striping of Dedicated Bicycle Lanes PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 ITB 2017-032-ND 18 Solicitation No: Solicitation Title: 2017-032-ND For the Painting and Striping of Dedicated Bicycle Lanes Procurement Contact Tel: Email: Natalia Delgado 305-673-7000 x6263 nataliadelgado @miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No.of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: „ STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. 1TB 2017-032-ND 19 1. Veteran Owned Business.Is Proposer 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://supplierportal.dnb.com/webapp/wcsl stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800.424.2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. 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- erformance by an public sector agency? YES an 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 ITB 2017-032-ND 20 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. benefits,and$12.92/hr without benefits. • r • 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/. ITB 2017-032-ND 21 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, bid,or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, bid, 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,bids,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 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 far assuring they have received any and all addendum issued pursuant to solicitation.This.Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt _ Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 _ Addendum 9 Addendum 14 Addendum 5 Addendum 10 ' _ Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ITB 2017-032-ND 22 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. ITB 2017-032-ND 23 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the of My Commission Expires: IITB 2017-032-ND 24 APPENDIX B __ta BEACH MIAMI " No Bid " Form ITB 2017-032-ND For the Painting and Striping of Dedicated Bicycle Lanes PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 Note: It 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. ITB 2017-032-ND 25 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal _Insufficient time to respond _ Specifications unclear or too restrictive Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this product/service OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: Natalia Delgado, Procurement Contracting Officer I PROPOSAL#2017-032-ND 1755 Meridian Ave. 3rd Floor MIAMI BEACH, FL 33139 ITB 2017-032-ND 26 APPENDIX C tn,_ MIAMI BEACH Minimum Requirements & Specifications ITB 2017-032-ND For the Painting and Striping of Dedicated Bicycle Lanes PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 ITB 2017-032-ND 27 SECTION C.1 — MINIMUM ELIGIBILITY REQUIREMENTS C1. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit, with its bid, the required submittal(s)documenting compliance with each minimum requirement. Proposers that fail to include the required submittals with its bid or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1. Bidder(defined as the Firm) shall have completed or in the process of completing at least two projects consisting of painting and striping dedicated bicycle lanes on public right of way within the last five years. Required Submittals: Each bidder shall provide at least two relevant projects and, for each project, include the following: awarding agency, agency contact, a brief description of the project,project cost(s). SECTION C.2— SPECIFICATONS AND SPECIAL PROVISIONS 1. GENERAL REQUIREMENTS 1.01 SCOPE OF WORK A. Work under this Contract includes furnishing of all supervision, labor, materials, tools, equipment and performing all operations required to construct the Work in accordance with the Contract Documents. The improvements will consist of painting green the existing bike lanes as directed by the City. B. If any changes are required due to conflict of design and or field conditions, the Project Manager will make the final determination. C. The Contractor and all Subcontractors, under this Contract, are prohibited from performing any work, other than that specified in the Contract and/or directed by the Project Manager, within the limits of the project site, without prior written notification to the Project Manager. This includes any work for private or commercial entities. D. Project Task Order. Prior to the issuance of a Purchase Order, which is required for the commencement of work, the Contractor shall provide a Task Order for any specific project being considered by the Transportation Director. No work may commence until the Task Order is approved by the City and accompanied with a Purchase Order. The work set forth within these bid documents includes the furnishing of all labor, materials, equipment, services, and incidentals for the construction of assigned project. E. Construction Documents. The City shall provide all construction documents pursuant to specifications included herein. The Contractor shall be precluded from providing construction documents, except as authorized herein (e.g., shop drawings, field or record drawings). F. Additional Services or Change Orders. The City anticipates that the significant portion of green bike lane projects awarded pursuant to any continuing services agreement resulting from this ITB shall be completed in accordance with the prices established through the ITB. The City recognizes that there may be instances when the need for services in addition to those stipulated herein shall arise. In those cases, the City may negotiate with the Contractor on a mutually agreeable price for the additional services based on available industry pricing. The approval of the City Manager shall be required for any additional services exceeding a project aggregate of$50,000. ITB 2017-032-ND 28 1.02 TERM A. This contract shall be in effect for an initial period of three (3) years. Following the initial period, the City may consider, as approved by the City Manager, two (2) additional one-year periods. There is no guarantee of work during the contract term. Projects will be assigned on an as-needed basis at the discretion of the City. 1.03 OPTION TO RENEW WITH PRICE ADJUSTMENT A. The contract may be extended at the sole discretion of the City, through its City Manager, for two (2) additional one (1) year terms. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer Price Index CPI-U (all urban areas) computed 60 days prior to the anniversary date of the contract It is the successful bidder's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the successful bidder's request for adjustment should be submitted 60 days prior to expiration of the then current contract term. The successful bidder's adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the successful bidder, the City will assume that the successful bidder has agreed that the renewal term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. The City reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for bids, whichever is in the best interest of the City. 1.04 LOCATION OF WORK A. Projects may be assigned at various locations throughout the City, including, but not limited to, Ocean Drive from South Pointe Drive to 5th Street; 42nd Street from Pine Tree Drive to Prairie Avenue, and other locations at the City's sole discretion. 1.05 PLANS A. If applicable, plans specific to the work required will be provided to the Contractor by the City. Standard details are available in the City of Miami Beach Public Works Manual and the latest edition of the Florida Department of Transportation's (FDOT) Design Standards for Design, Construction, Maintenance and Utility Operations on The State Highway System. B. The City through its Project Manager shall have the right to modify the details and/or sketches, to supplement the sketches with additional plans and/or with additional information as work proceeds; all of which shall be considered as plans accompanying these Specifications herein generally referred to as the "Plans." In case of disagreement between the Plans and Specifications, the Project Manager shall make a final determination as to which shall govern. 1.06 TIME FOR COMPLETION A. Time for completion will depend on the work assigned and shall be stipulated in the "Notice to Proceed". B.The effective date of the "Notice to Proceed" will be established during the Preconstruction Coordination Meeting, for each work assignment, which is held after the Award of Contract and which is attended by members of Public Works Department, ITB 2017-032-ND 29 Transportation Department, the Contractor, representatives of utility companies, and others affected by the Work. 1.07 PERMITS A. Contractor shall be responsible for attaining permits for any work which requires permits. The City will reimburse the contractor 100% of the cost of the permits only. No administrative fee is allowed to be assessed to the cost of the permits. 2. GENERAL CONSTRUCTION 2.01 FIELD OFFICE A. A local field office is not required; however, the Contractor will be required to provide the Project Manager with a local (Miami-Dade County) telephone, cellular or beeper number, where the Contractor may be contacted 24 hours a day, 7 days a week during the period for which the Contract is in force. 2.02 MAINTENANCE OF TRAFFIC A. Description. 1. Maintain traffic in accordance with FDOT Index 600 Series of the FDOT Design Standards, or as directed by the Project Manager, within the limits of a work zone until all work required is completed. Construct and maintain detours. Provide facilities for access to residences, businesses, etc., along a work zone. Furnish, install and maintain traffic control and safety devices while working. Furnish and install work zone pavement markings for maintenance of traffic in work areas. Provide any other special requirements for safe and expeditious movement of traffic specified in the FDOT Design Standards and the Public Works Manual of Metropolitan Dade County. Maintenance of Traffic (MOT) includes all facilities, devices and operations as required for safety and convenience of the public within the work zone. 2. Do not maintain traffic over those portions of a work zone where no work is to be accomplished or where work operations will not affect existing roads. Do not obstruct or create a hazard to any traffic during the performance of the work, and repair any damage to existing pavement open to traffic. B. Materials. 1. Meet the following requirements: a. Bituminous Adhesive: FDOT Section 970 b. Work Zone Pavement Markings: Articles FDOT 971-1 and 971-3 c. Paint: FDOT Section 971 d. Glass Spheres: FDOT Section 971 e. Temporary Traffic Control Device Materials: FDOT Section 990 f. Retroreflective and Nonreflective Sheeting for Traffic Control Devices: FDOT Section 994 2. Temporary Traffic Control Devices: Use only the materials meeting the requirements of FDOT Section 990, Design Standards and the Manual on Uniform Traffic Control Devises(MUTCD). 3. Detour: Provide all materials for the construction and maintenance of all detours. Traffic may be detoured only upon approval of the Director of the Public Works and Waste Management Department. No work shall commence on this Project or any portion thereof without implementation of an approved MOT plan. 4. Commercial Materials for Driveway Maintenance: Provide materials of the type typically used for base, including recycled asphalt pavement material, and having stability and ITB 2017-032-ND 30 drainage properties that will provide a firm surface under wet conditions. C. Specific Requirements. 1. MOT is Contractor's responsibility from Notice to Proceed. 2. Worksite Traffic Supervisor: Provide a Worksite Traffic Supervisor in accordance with Public Works and Waste Management (PWWM) Construction Specifications Article 105. Provide the Worksite Traffic Supervisor with all equipment and materials needed to set up, take down, maintain traffic control, and handle traffic-related situations. 3. Ensure that the Worksite Traffic Supervisor performs the following duties: a. Performs on site direction of all traffic control in a work zone. b. Is on site during all set up and take down, and performs a drive through inspection immediately after set up. c. Is on site during all nighttime operations to ensure proper Maintenance of Traffic. d.Immediately corrects all safety deficiencies and does not permit minor deficiencies that are not immediate safety hazards to remain uncorrected for more than 1 hour. e. Is available on a 24-hour per day basis and present within 45 minutes after notification of an emergency situation and is prepared to positively respond to repair the work zone traffic control or to provide alternate traffic arrangements. f. On MOT lasting more than 24 hours: 1) Conduct daily daytime and weekly nighttime inspections of projects with predominately daytime work activities, and daily nighttime and weekly daytime inspections of projects with predominantly nighttime work activities of all traffic control devices, traffic flow, pedestrian, bicyclist, and business accommodations. 2) Advise the project personnel of the schedule of these inspections and give them the opportunity to join in the inspection as is deemed necessary. 3) Accommodate for pedestrians and bicycles with a safe travel path around work sites and safely separated from mainline traffic. Maintain these or existing paths satisfactorily throughout the project limits. 4) Provide existing businesses in work areas with adequate entrances for vehicular and pedestrian traffic during business hours. 5) Take corrective actions when deficiencies are found. 6) The Department may disqualify and remove from the project a Worksite Traffic Supervisor who fails to comply with the provisions of this Article. 7) The Department may temporarily suspend all activities, except traffic, erosion control and such other activities that are necessary for project maintenance and safety, for failure to comply with these provisions. D. Alternative Traffic Control Plan. 1. The Contractor may propose an alternative Traffic Control Plan (TCP) to the plan presented in the FDOT Design Standards. Have the Contractor's Project Manager of Record sign and seal the alternative plan. Prepare the TCP in conformance with and in the form outlined in the current version of FDOT Roadway Plans Preparation Manual. Indicate in the plan a TCP for each phase of activities. Take responsibility for identifying and assessing any potential impacts to a utility that may be caused by the alternate TCP proposed by the Contractor, and notify the Department in writing of any such potential impacts to utilities. Project Manager's approval of the alternate TCP does not relieve the Contractor of sole responsibility for all utility impacts, costs, delays or damages, whether direct or indirect, resulting from Contractor initiated ITB 2017-032-ND 31 changes in the work activities from those in the original Contract Specifications, Design Standards (including traffic control plans)or other Contract Documents. 2. The Department reserves the right to reject any Alternative Traffic Control Plan. Obtain Project Manager's written approval before beginning work using an alternate TCP. Project Manager's written approval is required for all modifications to the TCP. Project Manager will only allow changes to the TCP in an emergency without the proper documentation. E. Traffic Control. 1. Standards a. FDOT Design Standards are the minimum standards for the use in the development of all traffic control plans. The MUTCD Part VI is the minimum national standard for traffic control for highway construction, maintenance, and utility operations. Follow the basic principles and minimum standards contained in these documents for the design, application, installation, maintenance, and removal of all traffic control devices, warning devices and barriers which are necessary to protect the public and workers from hazards within the project limits. 2. Maintenance of Roadway Surfaces a. Maintain all lanes that are being used for the maintenance of traffic, including those on detours and temporary facilities, under all weather conditions. Keep the lanes reasonably free of dust, potholes and rutting. Provide the lanes with the drainage facilities necessary to maintain a smooth riding surface under all weather conditions. 3. Number of Traffic Lanes a. Maintain one lane of traffic in each direction. Maintain two lanes of traffic in each direction at existing four(or more) lane cross roads, where necessary to avoid undue traffic congestion. Construct each lane used for maintenance of traffic at least as wide as the traffic lanes existing in the area before commencement of work. Do not allow traffic control and warning devices to encroach on lanes used for maintenance of traffic. b. Project Manager may allow the Contractor to restrict traffic to one-way operation for short periods of time provided that the Contractor employs adequate means of traffic control and does not unreasonably delay traffic. When a work activity requires restricting traffic to one-way operations, locate the flaggers within view of each other when possible. When visual contact between flaggers is not possible, equip them with 2 way radios, official, or pilot vehicle(s), or use traffic signals. 4. Crossings and Intersections a. Provide and maintain adequate accommodations for intersecting and crossing traffic. Do not block or unduly restrict any road or street crossing a work zone unless approved by the Project Manager. Maintain all existing actuated or traffic responsive mode signal operations for main and side street movements for the duration of the Contract. Restore any loss of detection within 12 hours. Use only detection technology listed on the FDOT Approved Products List (APL) and approved by the Project Manager, to restore detection capabilities. b. Before beginning any work, provide Project Manager with a plan for maintaining detection devices for each intersection and the name(s) and phone numbers of persons that can be contacted when signal operation malfunctions. ITB 2017-032-ND 32 5. Access for Residences and Businesses a. Provide continuous access to all residences and all places of business. 6. Protection of the Work from Injury by Traffic a. Where traffic would be injurious to a base, surface course, or structure constructed as a part of the work, maintain all traffic outside the limits of such areas until the potential for injury no longer exists. 7. Flagger: a. Provide trained flaggers in accordance with the Public Works Manual. 8. Conflicting Pavement Markings: a. Where the lane use or where normal vehicle paths are altered during work, remove all pavement markings (paint, tape, thermoplastic, raised pavement markers, etc.) that will conflict with the adjusted vehicle paths. Use of paint to cover conflicting pavement markings is prohibited. Remove conflicting pavement markings using a method that will not damage the surface texture of the pavement and which will eliminate the previous marking pattern regardless of weather and light conditions. 1) Remove all pavement markings that will be in conflict with "next phase of operation" vehicle paths as described above, before opening to traffic. 2) Cost for removing conflicting pavement markings (paint, tape, thermoplastic, raised pavement markers, etc.) to be included in the pay items listed in the work document. No separate payment will be made. 9. Vehicle and Equipment Visibility: a. Equip all pickups and automobiles used on the project with a minimum of one Class 2 amber or white warning light that meets the Society of Automotive Project Managers Recommended Practice SAE J845 dated March, 1992 or SAE J1318 dated April, 1986 and incorporated herein by reference, that is unobstructed by ancillary vehicle equipment such as ladders, racks or booms. If the light is obstructed, additional lights will be required. The lights shall be operating when a vehicle is in a work area where a potential hazard exists, when operating the vehicle at less than the average speed for the facility while performing work activities, making frequent stops or called for in the plans or Design Standards. 1) Equip all other vehicles and equipment with a minimum of 4 square foot of reflective sheeting or flashing lights. 2) To avoid distraction to motorists, do not operate the lights on the vehicles or equipment when the vehicles are outside the clear zone or behind a barrier. 10. No Waiver of Liability: a. Conduct operations in such a manner that no undue hazard results due to the requirements of this Article. The procedures and policies described herein in no way acts as a waiver of any terms of the liability of the Contractor or his surety. F. Detours. 1. General: Traffic may be detoured only upon approval of the Director of the Public Works Department. Construct and maintain detour facilities wherever it becomes necessary to divert traffic from any existing roadway or bridge, or wherever work operations block the flow of traffic. Contractor must submit an MOT plan prior to closure of roads for review and approval. 2. Construction: Plan, construct, and maintain detours for the safe passage of traffic in all conditions of weather. Provide the detour with all facilities necessary to meet this requirement. ITB 2017-032-ND 33 3. Construction Methods: Select and use construction methods and materials that provide a stable and safe detour facility. Construct the detour facility to have sufficient durability to remain in good condition, supplemented by maintenance, for the entire period that the detour is required. 4. Removal of Detours: Remove detours when they are no longer needed. Take ownership of all materials from the detour and dispose of them. 5. Detours Over Existing Roads and Streets: When the Department specifies that traffic be detoured over roads or streets outside the work area, do not maintain such roads or streets. However, maintain all signs and other devices placed for the purpose of the detour. G. Traffic Control Officer. 1. Provide uniformed law enforcement officers, including marked law enforcement vehicles, to assist in controlling and directing traffic in the work zone when the following types of work is necessary on projects: a. Traffic control in a signalized intersection when signals are not in use. • b. When FDOT Index 619 of the Design Standards is used on Interstate at nighttime. c. When pacing/rolling blockade specification is used. H. Driveway Maintenance. 1. General: Ensure that each residence and or business has safe, stable, and reasonable access. 2. Construction Methods: Place, level, manipulate, compact, and maintain the material, to the extent appropriate for the intended use. a. As permanent driveway construction is accomplished at a particular location, the Contractor may salvage and reuse previously placed materials that are suitable for reuse on other driveways. I. Temporary Traffic Control Devices. 1. Installation and Maintenance a. Install and maintain temporary traffic control devices as detailed in Index 600 of the FDOT Design Standards and when applicable, in accordance with the approved vendor drawings, as provided on the FDOT Qualified Products List (QPL). Erect the required temporary traffic control devices to prevent any hazardous conditions and in conjunction with any necessary traffic re-routing to protect the traveling public, workers, and to safeguard the work area. Use only those devices that are on the FDOT QPL or the FDOT APL. Immediately remove or cover any devices that do not apply to existing conditions. b.All temporary traffic control devices must meet the requirements of National Cooperative Highway Research Program Report 350 (NCHRP 350) and current FHWA directives. c.Ensure that the FDOT QPL number is permanently marked on the device at a readily visible location. d.Notify Project Manager of any scheduled operation, which will affect traffic patterns or safety, sufficiently in advance of commencing such operation to permit their review of the plan for the proposed installation of temporary traffic control devices. e.Ensure an employee is assigned the responsibility of maintaining the position and condition of all temporary traffic control devices throughout the duration of the work. Keep Project Manager advised at all times of the identification and means of contacting this employee on a 24 hour basis. ITB 2017-032-ND 34 f. Keep temporary traffic control devices in the correct position, properly directed, clearly visible and clean, at all times. Ensure that all traffic control devices meet acceptable standards as outlined in American Traffic Safety Services Association (ATSSA's) "Quality Standards for Work Zone Traffic Control Devices". Immediately repair, replace or clean damaged, defaced or dirty devices. 2. Work Zone Signs a. Provide signs in accordance with the FDOT Design Standards. Meet the requirements of FDOT Subarticles 700 2.6 and 700 5.5. Provide Federal Highway Administration's (FHWA) accepted sign substrate for use with accepted sign stands on the National Highway System (NHS) under the provisions of the National Cooperative Highway Research Program (NCHRP) Report 350 "Recommended Procedures for the Safety Performance Evaluation of Highway Features; 3. High Intensity Flashing Lights: Furnish Type B lights in accordance with the FDOT Design Standards. 4. Warning/Channelizing Devices: Furnish warning/channelizing devices in accordance with the FDOT Design Standards. a.Reflective Collars for Traffic Cones: Use cone collars at night designed to properly fit the taper of the cone when installed. Place the upper 6 inches collar a uniform 3 1/2 inch distance from the top of the cone and the lower 4 inch collar a uniform 2 inch distance below the bottom of the upper 6 inch collar. Ensure that the collars are capable of being removed for temporary use or attached permanently to the cone in accordance with the manufacturer's recommendations. Provide a white sheeting having a smooth outer surface and that has the property of a retroreflector over its entire surface. b.Barrier Wall (Temporary): Furnish, install, maintain, remove and relocate a temporary barrier wall in accordance with the Design Standards. Ensure that temporary concrete barrier wall for use on roadway sections, complies with FDOT Index 415 or 414 of the Design Standards. Ensure that temporary concrete barrier wall for use on bridge and wall sections, complies with FDOT Index 414 of the Design Standards. Ensure that temporary water filled barrier wall used on roadway sections conforms to the requirements of the pre-approved alternatives listed on FDOT QPL, unless otherwise called for by the Project Manager. Ensure that proprietary barrier walls for use on roadway sections meet NCHRP Report 350 criteria and be identified on FDOT QPL. Barriers meeting the requirements of FDOT Index 415 of the Design Standards or temporary water filled barriers on FDOT QPL will not be accepted as an alternate to barriers meeting the requirements of FDOT Index 414 of the Design Standards. 5. Temporary Vehicle Impact Attenuator (Crash Cushion) (Redirect/Inertia): Furnish, install, maintain and subsequently remove temporary vehicular impact attenuators in accordance with the Design Standards and requirements of the pre-approved alternatives listed on FDOT QPL. Maintain the attenuators until their authorized removal. Repair all attachment scars to permanent structures and pavements after attenuator removal. Make necessary repairs due to defective material, work, or Contractor operations at no cost to the Department. Restore attenuators damaged by the traveling public within 24 hours after notification as authorized by Project Manager. 6. Guardrail (Temporary): Furnish guardrail (temporary) in accordance with the plans and Design Standards. Meet the requirements of PWWM Construction Specifications, ITB 2017-032-ND 35 Article 536. 7. Advance Warning Arrow Panel: Furnish advance warning panels that meet the requirements of FDOT Section 990 as required by the FDOT Design Standards to advise approaching traffic of lane closures or shoulder work. 8. Portable Changeable (Variable) Message Sign (PCMS): Furnish changeable (variable) message signs that meet the requirements of FDOT Section 990 as required by the Design Standards to supplement other temporary traffic control devices used in work zones. 9. A truck mounted PCMS may be used as a stand-alone maintenance of traffic device only when used for accident or incident management situations as defined in the MUTCD and is listed on FDOT APL. 10. Portable Regulatory Signs(PRS): a. Furnish portable regulatory signs that meet the requirements of FDOT Section 990 as required by the FDOT Design Standards. b. Activate portable regulatory signs only during active work activities and deactivate when no work is being performed. 11. Radar Speed Display Unit(RSDU): a. Furnish radar speed display units that meet the requirements of FDOT Section 990 as required by the FDOT Design Standards to inform motorists of the posted speed and their actual speed. b. Activate the radar speed display unit only during active work activities and deactivate when no work is being performed. 12. Temporary Traffic Control Signals: a. Furnish, install and operate temporary traffic control signals as indicated in the FDOT Design Standards. Temporary traffic control signals will consist of either portable or fixed traffic signals. b. Provide portable traffic signals that meet the requirements of FDOT Index 603-2 of the Design Standards and are listed on FDOT APL. Project Manager may approve used signal equipment if it is in acceptable condition. 13. Trucks and Truck Mounted Impact Attenuators a. Furnish, install and maintain only those attenuators that meet the requirements of NCHRP 350. Include the cost of trucks and truck mounted impact attenuators in the pay items listed in the work document. No separate payment will be made. b. Use Truck Mounted Attenuators (TMA), when called for in the FDOT Design Standards. Limit TMA's to those items listed on the FDOT QPL. c. Use truck mounted attenuator systems designed and installed in accordance with the manufactures recommendations. d. Equip the TMA cartridge with lights and reflectors in compliance with applicable Florida motor vehicle laws, including turn signals, dual tail lights, and brake lights. Ensure that lights are visible in both the raised and lowered positions if the unit is capable of being raised. e. Ensure that the complete unit is painted DOT yellow (Fed. Std. 595 b, No. 13538). Stripe the rear facing of the cartridge in the operating position with the alternating 6 inch white and 6 inch safety orange 45 degree striping to form an inverted "V" at the center of the unit and slope down and toward the outside of the unit, in both directions from the center. Ensure the bottom of the cartridge has the same pattern, covering the entire bottom, with 6 inch white and 6 inch safety orange ITB 2017-032-ND 36 stripes. Use Type III reflectorized sheeting for striping. f. The trucks and truck mounted impact attenuators will not be paid for separately, but will be included in the items listed in the work document. No separate payment will be made. The Contractor is responsible for all costs, including furnishing, maintaining and removal when no longer required, and all materials, labor, tools, equipment and incidentals required for attenuator maintenance. J. Work Zone Pavement Marking. 1. Description a. Furnish and install Work Zone Pavement Markings for maintenance of traffic in work areas. Meet the requirements of retroreflectivity as stated in FDOT Subarticle 710 4.3. b. Use pavement marking materials that contain no lead or chromium compounds. Manufacturers seeking product approval must furnish certified test reports showing the Work Zone Pavement Marking material meets the requirements of this Article. c. Centerlines, lane lines, edgelines, stop bars and turn arrows in work zones will be required in accordance with the MUTCD with the following additions: 1)Install edgelines on paved shoulders. 2)Place edgelines on all detours where vehicle paths are altered from normal operations and where a lane is narrowed from its normal width for any reason. 3)Apply Work Zone Pavement Markings, including arrows and messages as determined by the Project Manager to be required for the safe operation of the facility, before the end of the day if the highway is open to traffic. Channelizing devices may be used to direct traffic during the day before placing the Work Zone Pavement Markings. 4)Work Zone Pavement Markings shall be water borne paint, unless otherwise approved by the Project Manager. d. The most common types of Work Zone Pavement Markings are water borne paint. Other types of Work Zone Pavement Markings need Project Manager approval. 2. Removable Tape: Removable tape is not allowed. 3. Work Zone Raised Pavement Markers (WZRPM's): Apply all markers in accordance with FDOT Index 600 of the Design Standards. 4. Paint and Glass Beads: Meet the requirements of FDOT Section 710. K. Method of Measurement. 1. General: Payment shall be full compensation for all work and costs specified under this Section including furnishing, installing, operating, maintaining and removing all required traffic control devices, signs, warning devices, barriers and other MOT devices or requirements not specifically covered for payment under separate MOT items. Such price and payment shall constitute full compensation for furnishing (including hardware, lights and posts if required), installing, relocating, maintaining, and removing of temporary traffic control devices. Night time work may be required on specific work due to anticipated traffic impacts. No additional compensation will be made for night time MOT work. 2. Basis of Payment. a. Maintenance of Traffic (General Work All): Work under MOT will be paid for under the pay items listed in the bid price proposal. When the proposal does not include a separate item for MOT, all work and incidental costs specified as being covered under this section will be paid from an appropriate dedicated allowance. b. The County will reimburse the Contractor for the services of uniformed law ITB 2017-032-ND 37 enforcement officers authorized to serve as traffic control officers for the purpose of controlling or directing traffic in the work zone as part of the County approved Traffic Control Plan and Maintenance of Traffic provided by Contractor pursuant to the Contract Documents. 1)Payment will be made at invoice cost from an appropriate dedicated allowance established by the County. The necessary invoices and documentation must be submitted to the Project Manager along with payment request. 2)Payment will be made only for those Traffic Control Officers specified in the Traffic Control Plan and authorized by the Project Manager. c. Payment for traffic control devices: 1) Payment will be made under the items listed in the bid price proposal. When the proposal does not include a separate pay item for traffic control devices, all devices and incidental costs specified as being covered under this Section will be included for payment under the several scheduled items of the overall Contract, and no separate payment will be made therefore. d. Payment will be made under the following item(s), as approved by the Project Manager: Item No. Description Unit 102-60A Work Zone Signs EA/DAY 102-74-1 Barricades(Temporary—Types I, II, VP & DRUM EA/DAY 102-75-PH2 Construction Signs EA/DAY 102-76 Advance Warning Arrow Panel EA/DAY 102-77 High Intensity Flashing Lights, Temporary Type B EA/DAY 2.03 LIMITATION OF OPERATIONS A. Page 80, Subarticle 8-4—Limitations of Operations: Is expanded to include the following: 1. Night Work. a. At the discretion of the City, the work for this project may be done during night time. Minor construction activities not impacting travel lanes on Major Thoroughfares may be performed during day time upon request by the Contractor and subject to approval by the City. Such approval, however, may be revoked at any time by the City if the Contractor fails to maintain adequate equipment , and supervision for the proper execution and control of the Work pursuant to FDOT Subarticle 8-4.1. b. For the purposes of this Section, the term "night" shall mean the period from 8:00 p.m. to 5:00 a.m. weekdays. 2. Prior written approval from the City, as specified in this Article, is not required for the performance of work that is necessary for proper care, maintenance, and protection of Work already done, or in cases when the Work would otherwise be endangered or when hazard to life or property would result, in which case the Contractor must inform the Project Manager at the earliest possible opportunity of the same. 3. Work performed without the prior written approval of the Project Manager and without an Project Manager's duly authorized inspector may be declared defective solely on the grounds that it was not properly inspected. 4. The Contractor shall conform to all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and general operations. ITB 2017-032-ND 38 2.04 PATTERNED PAVEMENT (REV. 01-06-2015) A. Description 1. Install patterned pavement on asphalt or concrete pavement areas at locations and with the color and pattern as specified in the Plans. Use products listed on the FDOT APL, as approved for use in areas subject to vehicular traffic or non-vehicular traffic, respectively, as specified herein. Install products in accordance with manufacturer's recommendations. 2. For the purpose of this Specification, patterned pavements are defined as a post applied surface marking overlay to either the pavement surface or to an imprinted pavement surface. Vehicular traffic areas are defined as those subject to vehicles within the traveled way, shoulders and auxiliary lanes. Non-vehicular travel areas include medians, islands, curb extensions, sidewalks, borders, plazas and other areas typically subject to foot traffic only. 3. Install overlay products in areas subject to vehicular traffic to a thickness not exceeding 180 mils. Do not use products requiring removal of pavement or requiring blockouts or trenches below the top of pavement. 4. Variations within a pattern shall comply with Americans with Disabilities Act (ADA) requirements. B. Materials 1. General: a. Use only patterned pavement products approved for use in vehicular and non- vehicular areas, as appropriate, and listed on the APL. Meet manufacturer's specifications for all patterns, textures, templates, sealers, coatings and coloring materials. b. Material coatings used to achieve the pattern and color shall produce an adherent, weather resistant, skid resistant, wear resistant surface under service conditions. Color shall be integral and consistent throughout the installation. The composition of materials is intended to be left to the discretion of the manufacturer. c. Materials shall be characterized as non-hazardous as defined by Resource Conservation and Recovery Act (RCRA), Subpart C, Table 1 of 40 CFR 261.24 "Toxicity Characteristic". Materials shall not exude fumes which are hazardous, toxic or detrimental to persons or property. 2. Approved Product List (APL): a. Manufacturers seeking evaluation of their product shall submit an application to FDOT in accordance with FDOT Section 6 along with the following documentation: 1) Manufacturer's recommendations for applicability of use on concrete or asphalt surfaces. 2) Manufacturer's recommendation for applicability of use in vehicular or non- vehicular travel areas. 3) Manufacturer's specifications and procedures for materials and installation for each use above. 4) For products proposed for use in vehicular traffic areas, independent test data verifying the material meets the requirements of this Section including verification that the product, installed in accordance with the manufacturer's specifications and procedures, has been tested in accordance with either: a) ASTM E-274, Skid Resistance of Paved Surfaces using a standard ribbed full scale tire at a speed of 40 mph (FN4OR), and has a minimum FN4OR value of 35, or ITB 2017-032-ND 39 b) ASTM E-1911, Measuring Paved Surface Frictional Properties Using the Dynamic Friction Tester (DFT), at a speed of 40 mph (DFT40), and has a minimum DFT40 value of 40. 5) For products proposed for use in non-vehicular traffic areas, independent test data verifying the material meets the requirements of this Section including verification that the product, installed in accordance with the manufacturer's specifications and procedures, has been tested in accordance with ASTM E-303 using the British Pendulum Tester and has a British Pendulum Number(BPN)of at least 40. 6) For products proposed for use as a bike lane application, independent testing verifying that the material can meet the color as identified in the April 15, 2011, Interim Approval for Optional use of Green Colored Pavement for Bike Lanes, Interim Approval (IA-14) Memorandum Valid Under the 2009 MUTCD (http://mutcd.fhwa.dot.gov/resources/interim approval/ia14/ial4grnpmbiketlanes.pd 3. Performance Requirements for Products in Vehicular Travel Areas: a. In addition to the submittal requirements of B.2 above, APL approval will be contingent on a field service test demonstrating that the patterned pavement product meets the following performance measures at the end of three years from opening to traffic: 1)The average thickness shall be a minimum of 50%of the original thickness. 2)Wearing of the material coating shall not expose more than 15% of the underlying surface area as measured within the traveled way. 3)Friction performance of patterned/textured pavement materials shall meet or exceed one of the following test method values: a) FN4OR value of 35 in accordance with ASTM E-274; or, b) DFT40 value of 40 in accordance with ASTM E-1911. c) Manufacturers shall provide a field service test installation of each product within a marked crosswalk on a roadway with an ADT of 6,000 to 12,000 vehicles per day per lane, on a site approved by the Department. The test installation shall be a minimum six feet wide and extend from pavement edge to pavement edge across all traffic lanes and shoulder pavement at the crosswalk location. The test installation shall be tested by the manufacturer in accordance with FM 5-592. C. Construction 1. Product Submittals: Prior to installation, submit pattern and color samples to the Project Manager for confirmation that the product meets the pattern and color specified in the Plans. Do not begin installation until acceptance by the Project Manager. 2. Pavement Cuts: Complete all utility, traffic loop detector, and other items requiring a cut and installation under the finished surface, prior to product installation. 3. Surface Protection: Protect treated surfaces from traffic and environmental effects until the product is completely installed, including drying and curing according to the manufacturer's instructions. 4. Installation Acceptance: a. For installation on new asphalt roadways, apply patterned pavement a minimum of 14 days after placement of the adjacent pavement. b. Upon completion of the installation, the Project Manager will check the area at ITB 2017-032-ND 40 random locations for geometric accuracy. If any of the chosen areas are found to be deficient, correct the entire patterned area at no additional cost to the Department. c. Provide certification that the patterned pavement was installed in accordance with the manufacturer's requirements. D. Method of Measurement. 1. The quantity to be paid will be the installed quantities in square feet of patterned pavement, completed and accepted. No deduction will be made for areas occupied by landscaping, manholes, inlets, drainage structures, or by any public utility appurtenances within the area. E. Basis of Payment. 1. Price and payment will be full compensation for all work specified in this Article. 2. Payment will be made under: a. Item No. 523- 1- Item No. 523-2-- per square feet. Item Description Unit 523-1 Patterned Pavement, Vehicular SF Areas 523-1-3 Patterned Pavement, Vehicular SF Areas-Green Bike Lane 523-2 Patterned Pavement, Non- SF Vehicular Areas 523-2-3 Patterned Pavement, Non- SF Vehicular Areas-Green Bike Lane ITB 2017-032-ND 41 APPENDIX D 0 MIAMI BEACH Cost Proposal Form ITB 2017-032-N D For the Painting and Striping of Dedicated Bicycle Lanes PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 ITB 2017-032-ND 42 APPENDIX D COST PROPOSAL FORM Failure to submit cost proposal formin its entirety and fully,executed bythesdeadline 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 cost proposal 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 cost proposal form shall be completed mechanically or, if manually, in ink. Cost proposal forms completed in pencil shall be deemed non-responsive.All corrections on the cost proposal form shall be initialed. Description Work under>this Contract includes, fur iishing'of all supervision, labor, materials, tools, equipment and performing all operations required to complete the painting of green bike lanes Total Item in accordance with specifications. Quantity U I M Unit Cost (Quantity_X_UnitCost); 1 U.to 10,000 s•uare feet of work 10,000 SF $ $ 2 10,000 to 25,000 so uare feet of work 25,000 3 25,000 to 50,000 s•uare feet of work 50,000 SF $ $ 4 Above 50,000 se uare feet of work 100,000 SF $ $ TOTAL $ Bidders Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-032-ND 43 APPENDIX E MIAMI BEACH Insurance Requirements ITB 2017-032-ND For the Painting and Striping of Dedicated Bicycle Lanes PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 ITB 2017-032-ND 44 trzi MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability- $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 _Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2017-032-ND 45 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) APPENDIX A MIAMI Proposal ' ° i certif cation , Questionnaire Requirements Affidavit ITB 2017=0-3-2 • Solicitation No: Solicitation Title: 2017-032-ND For the Painting and Striping of Dedicated Bicycle Lanes Procurement Contact: Tel: Email: Natalia Delgado 305-673-7000 x6263 nataliadelgado@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from — Proposers in order-that certain=portions-of_responsiveness,_responsibility and=other-determining-factor-s-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: ::9 No I Yeai / �f u�rfe s Locally. No.of Employees: E,% OTHER NAME(S)PROPOSER H S OPERATED UNDER IN THE LAST 10 YEARS: ..11 ` FIRM PRIMARY ADDRESS(HEADQUARTERS): / i 0 6 Z J „/./ / S j ,q J 4"/x3 CITY: 4,Y STAT ZIP CODE: NO.: �, -�,, � � 3 33 TELEPHONE N o 5 7; & 3 7 TOLL FREE NO,: FAX NO.: 3 0 ` 3 - 3 3 FIRM LOCAL ADDRESS: S a (� I CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: 3 6 573 g ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: ray de a//a"IA c. i/f FEDERAL TAX IDENTIFICATION NO.: 4 ; 69 7 90 ( The City reserves the right to seek additional information from Proposer or other source(s),including but not limited to:any firm or principal information,applicable licensure,resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ITB 2017-032-ND 19• • 1. Veteran Owned Business.Is Pro oser claiming a vet owed'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 weteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-374 . • 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 shaltre uest-the_SQR:report:from:D&C3et;;-..__._ -_-_ . —.—_._ -_ —. https:lls u polierporta I.dnb.com/webapp/wcs/stbneslservIel/S u pplierPortal?storeld=11696 Proposers are responsible for the accuracy of the informatieon 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 off 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 names)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 namel(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 Entail and 6) Narrative on Scope of Services Provided. 5. Suspension,Debarment or Contract Cancellation.Has Poser ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by any py,tatf�sector agency? YES V I 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 bear become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Cade. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws;eve complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,iin tb a 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 en tity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either d irectly 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.2000.2 879, 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 mom ITB 2017-032-ND 20 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. shallb: : . -• . -' - - •: :: .-• - -. ..• . • •- •.. ' . - .• •—Comm,•- • - • . • • .. - •-. :onofits. ._ , • • e- - -" : - .-- _ . .. . .. _ . _ .: : : :.. •. • • :. ::-.•••• ... . .. 1 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 t mployees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to em yees with.(same or opposite sex)-domestic p_artnersLor to _l 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 Bene Spouses Domestic Partners Health ���✓✓✓J Sick Leave ✓j� I 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/. 17B 2017-032-ND 21 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, bid, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,bid,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,bids,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor,or • consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months following the date of being,placed on the convicted vendor list. SUBMITTAL–REQUIREMENT- NO-additional=submIttal=is-required=B -Virtue of=executin -this_affidavit document;Pro oseragrees_ Y g= p-- g — with-the requiremen f-Sec�ion 287-.M,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. `I 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. )TB 2017-032-ND 22 DISCLOSURE ANDDISCLAIMER 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 sub mtttng=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 1 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 becom- public records, Proposers are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto,such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be govemed by and construed in accordance with the laws of the State of Florida, D 23 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_pr_oposal with_other,Proposers and_has,_not colluded-with-any-other.-Proposer or:party-to-any_ -- -- .-- --- - —_ Zther-proposal;--P-roposer-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. Nam ioposer's Au orize Representative: Title of Propos r' Authorized Representa Signature of Proposr' uthorize epresentE e: Date:. .1(72//0 State of ) On this jday of ,20a,personall appeared before me c Lt c- • Cou0.t`(,of U �� ) stated that (s)he is the of —we , 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: C.� i Qj N� Public for thee; of My Commission Expires: Opt I (r")f tl OOSY P0oe Charlene Dole Cress State of Florida � '4Qa<MY COMMISSION#FF 53487 OP FV Expires:September 12,2017 ITB 2017-032-ND 24 APPENDIX C Minimum Requirements & Specifications ITB 2017-032-ND For the Painting a idstr-i_pi-ng of Dedicated Bicycle Lanes PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 •1 13 -1D 27 • SECTION C.1 - MINIMUM ELIGIBILITY REQUIREMENTS C1. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit, with its bid, the required submittal(s)documenting compliance with each minimum requirement. Proposers that fail to include the required submittals with its bid or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. - _ 1°Bidder=(defind-as-ti nir—shill°have compleffd or iothe-process of-completing-at least= - - - two projects consisting of painting and striping dedicated bicycle lanes on public right of way within the last five years. Required Submittals: Each bidder shall provide at least two relevant projects and, for each project, include the following: awarding agency, agency contact, a brief description of the project, project cost(s). SECTION C.2- SPECIFICATONS AND SPECIAL PROVISIONS • 1. GENERAL REQUIREMENTS 1.01 SCOPE OF WORK A. Work under this Contract includes furnishing of all supervision, labor, materials, tools, equipment and performing all operations required to construct the Work in accordance with the Contract Documents. The improvements will consist of painting green the existing bike lanes as directed by the City. B. If any changes are required due to conflict of design and or field conditions, the Project Manager will make the final determination. C. The Contractor and all Subcontractors, under this Contract, are prohibited from performing any work,other than that specified in the Contract and/or directed by the Project Manager, within the limits of the project site, without prior written notification to the Project Manager. This includes any work for private or commercial entities, D. Project Task Order. Prior to the issuance of a Purchase Order, which is requirecLfor,the _+ commencement of work, the Contractor shall provide a Task Order for any specific project being considered by the Transportation Director. No work may commence until the Task Order is approved by the City and accompanied with a Purchase Order. The work set forth within these bid documents includes the furnishing of all labor, materials, equipment, services, and incidentals for the construction of assigned project. E. Construction Documents. The City shall provide all construction documents pursuant to specifications included herein. The Contractor shall be precluded from providing construction documents, except as authorized herein (e.g., shop drawings, field or record drawings). F. Additional Services or Change Orders, The City anticipates that the significant portion of green bike lane projects awarded pursuant to any continuing services agreement resulting from this ITB shall be completed in accordance with the prices established through the ITB. The City recognizes that there may be instances when the need for services in addition to those stipulated herein shall arise. In those cases, the City may negotiate with the Contractor on a mutually agreeable price for the additional services based on available industry pricing. The approval of the City Manager shall be required for any additional services exceeding a project aggregate of$50,000. ITB 2017-032-ND 28 i . 1.02 TERM A. This contract shall be in effect for an initial period of three (3) years. Following the initial period, the City may consider, as approved by the City Manager, two (2) additional one-year periods. There is no guarantee of work during the contract term. Projects will be assigned on an as-needed basis at the discretion of the City. 1.03 OPTION TO RENEW WITH PRICE ADJUSTMENT - - _ - A rthe=co-ntract rYe t-undad-at=the-sole—discretion--of'the=City,through-its-City-Man-alter, -- - - for two (2) additional one (1) year terms. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer Price Index CPI-U (all urban areas) computed 60 days prior to the anniversary date of the contract It is the successful bidder's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the successful bidder's request for adjustment should be submitted 60 days prior to expiration of the then current contract term. The successful bidder's adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the successful bidder, the City will assume that the successful bidder has agreed that the renewal term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. The City reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for bids, whichever is in the best interest of the City. 1.04 LOCATION OF WORK A. Projects may be assigned at various locations throughout the City, including, but not limited to, Ocean Drive from South Pointe Drive to 5th Street; 42nd Street from Pine Tree Drive to • Prairie Avenue, and other locations at the City's sole discretion. t.0 5_P-L A NS A. If applicable, plans specific to the work required will be provided to the Contractor by the City. Standard details are available in the City of Miami Beach Public Works Manual and the latest edition of the Florida Department of Transportation's (FDOT) Design Standards for Design, Construction, Maintenance and Utility Operations on The State Highway System. B. The City through its Project Manager shall have the right to modify the details and/or sketches, to supplement the sketches with additional plans and/or with additional information as work proceeds; all of which shall be considered as plans accompanying these Specifications herein generally referred to as the "Plans." In case of disagreement between the Plans and Specifications, the Project Manager shall make a final determination as,to which shall govern. 1.06 TIME FOR COMPLETION A. Time for completion will depend on the work assigned and shall be stipulated in the "Notice to Proceed". B.The effective date of the "Notice to Proceed" will be established during the Preconstruction Coordination Meeting, for each work assignment, which is held after the Award of Contract and which is attended by members of Public Works Department, ITB 2017-032-ND 29 Transportation Department, the Contractor, representatives of utility companies, and others affected by the Work. 1.07 PERMITS A. Contractor shall be responsible for attaining permits for any work which requires permits. The City will reimburse the contractor 100% of the cost of the permits only. No administrative fee is allowed to be assessed to the cost of the permits. — 2:GE-NE-RAL-CONSTRUCTION= - - - _ _ - -_ -_ -_ -____-_-_-_ -___ 2.01 FIELD OFFICE A. A local field office is not required; however, the Contractor will be required to provide the Project Manager with a local (Miami-Dade County) telephone, cellular or beeper number, where the Contractor may be contacted 24 hours a day, 7 days a week during the period for which the Contract is in force. 2.02 MAINTENANCE OF TRAFFIC A. Description. 1. Maintain traffic in accordance with FDOT Index 600 Series of the FDOT Design Standards, or as directed by the Project Manager, within the limits of a work zone until all work required is completed. Construct and maintain detours. Provide facilities for access to residences, businesses, etc., along a work zone. Furnish, install and maintain traffic control and safety devices while working. Furnish and install work zone pavement markings for maintenance of traffic in work areas. Provide any other special requirements for safe and expeditious movement of traffic specified in the FDOT Design Standards and the Public Works Manual of Metropolitan Dade County. Maintenance of Traffic (MOT) includes all facilities, devices and operations as required for safety and convenience of the public within the work zone. 2. Do not maintain traffic over those portions of a work zone where no work is to be accomplished or where work operations will not affect existing roads. Do not obstruct or create a hazard to any traffic during the performance of the work, and repair any damage to existing pavement open to traffic. B. Materials. 1. Meet the following requirements: a. Bituminous Adhesive; FDOT Section 970 b. Work Zone Pavement Markings:Articles FDOT 971-1 and 971-3 c. Paint: FDOT Section 971 d. Glass Spheres: FDOT Section 971 e. Temporary Traffic Control Device Materials: FDOT Section 990 f. Retroreflective and Non reflective Sheeting for Traffic Control Devices: FDOT Section 994 2. Temporary Traffic Control Devices: Use only the materials meeting the requirements of FDOT Section 990, Design Standards and the Manual on Uniform Traffic Control Devises(MUTCD). 3. Detour: Provide all materials for the construction and maintenance of all detours. Traffic may be detoured only upon approval of the Director of the Public Works and Waste Management Department. No work shall commence on this Project or any portion thereof without implementation of an approved MOT plan. 4. Commercial Materials for Driveway Maintenance: Provide materials of the type typically used for base, including recycled asphalt pavement material, and having stability and ITB 2017-032-ND 30 drainage properties that will provide a firm surface under wet conditions. C. Specific Requirements. 1. MOT is Contractor's responsibility from Notice to Proceed. 2. Worksite Traffic Supervisor: Provide a Worksite Traffic Supervisor in accordance with Public Works and Waste Management (PWWM) Construction Specifications Article 105. Provide the Worksite Traffic Supervisor with all equipment and materials needed to set up; takedown, maintain traffic control,and handle traffic-related situations. _ -3=Enure-tatlwWorkitTrafc Su p ervisor p erforms-th all —as ,-' - — _ . __ a. Performs on site direction of all traffic control in a work zone. b. Is on site during all set up and take down, and performs a drive through inspection immediately after set up. c. Is on site during all nighttime operations to ensure proper Maintenance of Traffic. d.Immediately corrects all safety deficiencies and does not permit minor deficiencies that are not immediate safety hazards to remain uncorrected for more than 1 hour. e. Is available on a 24-hour per day basis and present within 45 minutes after notification of an emergency situation and is prepared to positively respond to repair the work zone traffic control or to provide alternate traffic arrangements. f. On MOT lasting more than 24 hours: 1) Conduct daily daytime and weekly nighttime inspections of projects with predominately daytime work activities, and daily nighttime and weekly daytime inspections of projects with predominantly nighttime work activities of all traffic control devices, traffic flow, pedestrian, bicyclist, and business accommodations. 2) Advise the project personnel of the schedule of these inspections and give them the opportunity to join in the inspection as is deemed necessary. 3) Accommodate for pedestrians and bicycles with a safe travel path around work sites and safely separated from mainline traffic. Maintain these or existing paths satisfactorily throughout the project limits. 4) Provide existing businesses in work areas with adequate entrances for vehicular and pedestrian traffic during business hours. 5) Take corrective actions when deficiencies are found. 6) The Department may disqualify and remove from the project a Worksite Traffic Supervisor who fails to comply with the provisions of this Article. 7) The Department may temporarily suspend all activities, except traffic, erosion control and such other activities that are necessary for project maintenance and safety,for failure to comply with these provisions. D. Alternative Traffic Control Plan. 1. The Contractor may propose an alternative Traffic Control Plan (TCP) to the plan presented in the FDOT Design Standards. Have the Contractor's Project Manager of Record sign and seal the alternative plan. Prepare the TCP in conformance with and in the form outlined in the current version of FDOT Roadway Plans Preparation Manual. Indicate in the plan a TCP for each phase of activities. Take responsibility for identifying and assessing any potential impacts to a utility that may be caused by the alternate TCP proposed by the Contractor,and notify the Department in writing of any such potential impacts to utilities. Project Manager's approval of the alternate TCP does not relieve the Contractor of sole responsibility for all utility impacts, costs, delays or damages, whether direct or indirect, resulting from Contractor initiated ITB 2017-032-ND 31 changes in the work activities from those in the original Contract Specifications, • Design Standards(including traffic control plans)or other Contract Documents. 2. The Department reserves the right to reject any Alternative Traffic Control Plan. Obtain Project Manager's written approval before beginning work using an alternate TOP. Project Manager's written approval is required for all modifications to the TCP. Project Manager will only allow changes to the TCP in an emergency without the proper documentation. . _ _E.rrafflc Controf. 1. Standards a. FDOT Design Standards are the minimum standards for the use in the development of all traffic control plans. The MUTCD Part VI is the minimum national standard for traffic control for highway construction, maintenance, and utility operations. Follow the basic principles and minimum standards contained in these documents for the design, application, installation, maintenance, and removal of all traffic control devices, warning devices and barriers which are necessary to protect the public and workers from hazards within the project limits. 2. Maintenance of Roadway Surfaces a. Maintain all lanes that are being used for the maintenance of traffic, including those on detours and temporary facilities, under all weather conditions. Keep the lanes reasonably free of dust, potholes and rutting. Provide the lanes with the drainage facilities necessary to maintain a smooth riding surface under all weather • conditions. 3. Number of Traffic Lanes • a. Maintain one lane of traffic in each direction. Maintain two lanes of traffic in each direction at existing four(or more) lane cross roads, where necessary to avoid undue traffic congestion. Construct each lane used for maintenance of traffic at least as wide • as the traffic lanes existing in the area before commencement of work. Do not allow traffic control and warning devices to encroach on lanes used for maintenance of traffic. b Project-Manager may allow the ractor to restrict traffic to one-way operation for short periods of time provided that the Contractor employs adequate means of traffic control and does not unreasonably delay traffic. When a work activity requires restricting traffic to one-way operations, locate the flaggers within view of each other when possible. When visual contact between flaggers is not possible, equip them with 2 way radios, official,or pilot vehicle(s),or use traffic signals. 4. Crossings and Intersections a. Provide and maintain adequate accommodations for intersecting and crossing traffic. Do not block or unduly restrict any road or street crossing a work zone unless approved by the Project Manager. Maintain all existing actuated or traffic responsive mode signal operations for main and side street movements for the duration of the Contract. Restore any loss of detection within 12 hours. Use only detection technology listed on the FDOT Approved Products List (APL) and approved by the Project Manager, to restore detection capabilities. b. Before beginning any work, provide Project Manager with a plan for maintaining detection devices for each intersection and the name(s) and phone numbers of persons that can be contacted when signal operation malfunctions. ND 32 I , 5.Access for Residences and Businesses a. Provide continuous access to all residences and all places of business. 6. Protection of the Work from Injury by Traffic a. Where traffic would be injurious to a base, surface course, or structure constructed as a part of the work, maintain all traffic outside the limits of such areas until the potential for injury no longer exists. _7. Flagger: - - - - - - - 3. Construction Methods: Select and use construction methods and materials that provide a stable and safe detour facility. Construct the detour facility to have sufficient durability to remain in good condition, supplemented by maintenance, for the entire period that the detour is required. 4. Removal of Detours: Remove detours when they are no longer needed. Take ownership of all materials from the detour and dispose of them. 5. Detours Over Existing Roads and Streets: When the Department specifies that traffic _..__� .__.°_ - --bztetowd-over-road or sstreets outside the work area;do norma1rIta(n-such roads "` or streets. However, maintain all signs and other devices placed for the purpose of the detour. G. Traffic Control Officer, 1. Provide uniformed law enforcement officers, including marked law enforcement vehicles, to assist in controlling and directing traffic in the work zone when the following types of work is necessary on projects: a. Traffic control in a signalized intersection when signals are not in use. b. When FDOT Index 619 of the Design Standards is used on Interstate at nighttime. c. When pacing/rolling blockade specification is used. H. Driveway Maintenance, 1. General: Ensure that each residence and or business has safe, stable, and 1 reasonable access. 2. Construction Methods: Place, level, manipulate, compact, and maintain the material, to the extent appropriate for the intended use. a. As permanent driveway construction is accomplished at a particular location, the Contractor may salvage and reuse previously placed materials that are suitable for reuse on other driveways. I. Temporary Traffic Control Devices. 1. Installation and Maintenance a. Install and maintain temporary traffic control devices as detailed in Index 600 of the FDOT Design Standards and when applicable, in accordance with the approved vendor drawings, as provided on the FDOT Qualified Products List (QPL). Erect the required temporary traffic control devices to prevent any hazardous conditions and in conjunction with any necessary traffic re-routing to protect the traveling public, workers, and to safeguard the work area. Use only those devices that are on the FDOT QPL or the FDOT APL. Immediately remove or cover any devices that do not apply to existing conditions. b,All temporary traffic control devices must meet the requirements of National Cooperative Highway Research Program Report 350 (NCHRP 350) and current FHWA directives. c.Ensure that the FDOT QPL number is permanently marked on the device at a readily visible location, d.Notify Project Manager of any scheduled operation, which will affect traffic patterns or safety, sufficiently in advance of commencing such operation to permit their review of the plan for the proposed installation of temporary traffic control devices. e.Ensure an employee is assigned the responsibility of maintaining the position and condition of all temporary traffic control devices throughout the duration of the work. Keep Project Manager advised at all times of the identification and means of contacting this employee on a 24 hour basis. ITB 2017-032-ND 34 f. Keep temporary traffic control devices in the correct position, properly directed, clearly visible and clean, at all times. Ensure that all traffic control devices meet acceptable standards as outlined in American Traffic Safety Services Association (ATSSA's) "Quality Standards for Work Zone Traffic Control Devices". Immediately repair, replace or clean damaged, defaced or dirty devices. 2. Work Zone Signs a. Provide signs in accordance with the FDOT Design Standards. Meet the _ _____requirements of=FDOT Subartisles=700 2:6=and 700=5:5=Provide=Feder-al-Highway- — —-------_-_ Administration's (FHWA) accepted sign substrate for use with accepted sign stands on the National Highway System (NHS) under the provisions of the National Cooperative Highway Research Program (NCHRP) Report 350 "Recommended Procedures for the Safety Performance Evaluation of Highway Features." 3. High Intensity Flashing Lights: Furnish Type B lights in accordance with the FDOT Design Standards. 4. Warning/Channelizing Devices: Furnish warning/channelizing devices in accordance with the FDOT Design Standards. a.Reflective Collars for Traffic Cones: Use cone collars at night designed to properly fit the taper of the cone when installed. Place the upper 6 inches collar a uniform 3 1/2 inch distance from the top of the cone and the lower 4 inch collar a uniform 2 inch distance below the bottom of the upper 6 inch collar. Ensure that the collars are capable of being removed for temporary use or attached permanently to the cone in accordance with the manufacturer's recommendations. Provide a white sheeting having a smooth outer surface and that has the property of a retroreflector over its entire surface. b.Barrier Wall (Temporary): Furnish, install, maintain, remove and relocate a temporary barrier wall in accordance with the Design Standards, Ensure that temporary concrete barrier wall for use on roadway sections, complies with FDOT Index 415 or 414 of the Design Standards. Ensure that temporary concrete barrier wall for use on bridge and wall sections, complies with FDOT Index 414 of the Design Standards. Ensure that temporary water filled barrier wall used on roadway sections conforms to the requirements of the pre-approved alternatives listed on FDOT QPL, unless otherwise called for by the Project Manager. Ensure that proprietary barrier walls for use on roadway sections meet NCHRP Report 350 criteria and be identified on FDOT QPL. Barriers meeting the requirements of FDOT Index 415 of the Design Standards or temporary water filled barriers on FDOT QPL will not be accepted as an alternate to barriers meeting the requirements of FDOT Index 414 of the Design Standards. 5. Temporary Vehicle Impact Attenuator (Crash Cushion) (Redirect/Inertia): Furnish, install, maintain and subsequently remove temporary vehicular impact attenuators in accordance with the Design •Standards and requirements of the pre-approved alternatives listed on FDOT QPL. Maintain the attenuators until their authorized removal. Repair all attachment scars to permanent structures and pavements after attenuator removal. Make necessary repairs due to defective material, work, or Contractor operations at no cost to the Department. Restore attenuators damaged by the traveling public within 24 hours after notification as authorized by Project Manager. 6. Guardrail(Temporary): Furnish guardrail (temporary) in accordance with the plans and Design Standards. Meet the requirements of PWWM Construction Specifications, ITB 2017-032-ND 35 Article 536. 7. Advance Warning Arrow Panel: Furnish advance warning panels that meet the requirements of FDOT Section 990 as required by the FDOT Design Standards to advise approaching traffic of lane closures or shoulder work. 8. Portable Changeable (Variable) Message Sign (PCMS): Furnish changeable (variable) message signs that meet the requirements of FDOT Section 990 as required by the Design Standards to supplement other temporary traffic control devices used in work —.- - - zones. 9. A truck mounted PCMS may be used as a stand-alone maintenance of traffic device only when used for accident or incident management situations as defined in the MUTCD and is listed on FDOT APL. 10. Portable Regulatory Signs(PRS): a. Furnish portable regulatory signs that meet the requirements of FDOT Section 990 as required by the FDOT Design Standards. b. Activate portable regulatory signs only during active work activities and deactivate when no work is being performed. 11. Radar Speed Display Unit(RSDU): a. Furnish radar speed display units that meet the requirements of FDOT Section 990 as required by the FDOT Design Standards to inform motorists of the posted speed and their actual speed. b. Activate the radar speed display unit only during active work activities and deactivate when no work is being performed. 12. Temporary Traffic Control Signals: a. Furnish, install and operate temporary traffic control signals as indicated in the FDOT Design Standards. Temporary traffic control signals will consist of either portable or fixed traffic signals. b. Provide portable traffic signals that meet the requirements of FDOT Index 603-2 of the Design Standards and are listed on FDOT APL. Project Manager may approve used signal equipment if it is in accep able condition. 13. Trucks and Truck Mounted Impact Attenuators a. Furnish, install and maintain only those attenuators that meet the requirements of NCHRP 350. Include the cost of trucks and truck mounted impact attenuators in the pay items listed in the work document. No separate payment will be made. b. Use Truck Mounted Attenuators (TMA), when called for in the FDOT Design Standards. Limit TMA's to those items listed on the FDOT QPL. c. Use truck mounted attenuator systems designed and installed in accordance with the manufactures recommendations. d. Equip the TMA cartridge with lights and reflectors in compliance with applicable Florida motor vehicle laws, including turn signals, dual tail lights, and brake lights. Ensure that lights are visible in both the raised and lowered positions if the unit is capable of being raised. e. Ensure that the complete unit is painted DOT yellow (Fed. Std. 595 b, No. 13538). Stripe the rear facing of the cartridge in the operating position with the alternating 6 inch white and 6 inch safety orange 45 degree striping to form an inverted "V" at the center of the unit and slope down and toward the outside of the unit, in both directions from the center. Ensure the bottom of the cartridge has the same pattern, covering the entire bottom, with 6 inch white and 6 inch safety orange 1713 2017-032-ND 36 stripes. Use Type III reflectorized sheeting for striping. f. The trucks and truck mounted impact attenuators will not be paid for separately, but will be included in the items listed in the work document. No separate payment will be made. The Contractor is responsible for all costs, including furnishing, maintaining and removal when no longer required, and all materials, labor, tools, equipment and incidentals required for attenuator maintenance. J. Work Zone Pavement Marking. 1°D scrlptlon - — a. Furnish and install Work Zone Pavement Markings for maintenance of traffic in work areas. Meet the requirements of retroreflectivity as stated in FDOT Subarticle 710 4.3. b. Use pavement marking materials that contain no lead or chromium compounds. Manufacturers seeking product approval must furnish certified test reports showing the Work Zone Pavement Marking material meets the requirements of this Article. c. Centerlines, lane lines, edgelines, stop bars and turn arrows in work zones will be required in accordance with the MUTCD with the following additions: 1)Install edgelines on paved shoulders. 2)Place edgelines on all detours where vehicle paths are altered from normal operations and where.a lane is narrowed from its normal width for any reason. 3)Apply Work Zone Pavement Markings, including arrows and messages as determined by the Project Manager to be required for the safe operation of the facility, before the end of the day if the highway is open to traffic. Channelizing devices may be used to direct traffic during the day before placing the Work Zone . Pavement Markings. 4)Work Zone Pavement Markings shall be water borne paint, unless otherwise approved by the Project Manager. d. The most common types of Work Zone Pavement Markings are waterborne paint. Other types of Work Zone Pavement Markings need Project Manager approval. _. 2. Removable Tape: Removable tape is not allowed. 3. Work Zone Raised Pavement Markers (WZRPM's): Apply all markers in accordance with FDOT Index 600 of the Design Standards. 4. Paint and Glass Beads: Meet the requirements of FDOT Section 710. K. Method of Measurement. 1. General: Payment shall be full compensation for all work and costs specified under this Section including furnishing, installing, operating, maintaining and removing all required traffic control devices, signs, warning devices, barriers and other MOT devices or requirements not specifically covered for payment under separate MOT items. Such price and payment shall constitute full compensation for furnishing (including hardware, lights and posts if required), installing, relocating, maintaining, and removing of temporary traffic control devices. Night time work may be required on specific work due to anticipated traffic impacts. No additional compensation will be made for night time MOT work. 2. Basis of Payment. a. Maintenance of Traffic (General Work All): Work under MOT will be paid for under the pay items listed in the bid price proposal. When the proposal does not include a separate item for MOT, all work and incidental costs specified as being covered under this section will be paid from an appropriate dedicated allowance. b. The County will reimburse the Contractor for the services of uniformed law ITB 2017-032-ND 37 enforcement officers authorized to serve as traffic control officers for the purpose of controlling or directing traffic in the work zone as part of the County approved Traffic Control Plan and Maintenance of Traffic provided by Contractor pursuant to the Contract Documents. 1)Payment will be made at invoice cost from an appropriate dedicated allowance established by the County. The necessary invoices and documentation must be submitted to the Project Manager along with payment request. 2)Payme-ntwlllis made-only-for those Tr frc-ControrOfiaceis sgecifiallh'fhe Traffic "�'-""""`—"— Control Plan and authorized by the Project Manager. c. Payment for traffic control devices: 1) Payment will be made under the items listed in the bid price proposal. When the proposal does not include a separate pay item for traffic control devices, all • devices and incidental costs specified as being covered under this Section will be included for payment under the several scheduled items of the overall Contract, and no separate payment will be made therefore. d. Payment will be made under the following item(s), as approved by the Project Manager: Item No. Description Unit 102-60A Work Zone Signs EA/DAY 102-74-1 Barricades(Temporary-Types I, II,VP&DRUM EA/DAY 102-75-PH2 Construction Signs EA/DAY 102-76 Advance Warning Arrow Panel EA/DAY 102-77 High Intensity Flashing Lights,Temporary Type B EA/DAY • 2.03 LIMITATION OF OPERATIONS - A. Page 80, Subarticle 8-4-Limitations of Operations: Is expanded to include the following: 1. Night Work. -- �— a—At-theziisc-retion of-the City, the work f o r this project may be done during nigh time. Minor construction activities not impacting travel lanes on Major Thoroughfares may be performed during day time upon request by the Contractor and subject to approval by the City. Such approval, however, may be revoked at any time by the City if the Contractor fails to maintain adequate equipment, and supervision for the proper execution and control of the Work pursuant to FDOT Subarticle 8-4.1. • b. For the purposes of this Section, the term "night" shall mean the period from 8:00 p.m. to 5:00 a.m. weekdays. 2. Prior written approval from the City, as specified in this Article, is not required for the performance of work that is necessary for proper care, maintenance, and protection of Work already done, or in cases when the Work would otherwise be endangered or when hazard to life or property would result, in which case the Contractor must inform the Project Manager at the earliest possible opportunity of the same. 3. Work performed without the prior written approval of the Project Manager and without an Project Manager's duly authorized inspector may be declared defective solely on the grounds that it was not properly inspected. 4. The Contractor shall conform to all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and general operations. ITB 2017-032-ND 38 2.04 PATTERNED PAVEMENT (REV. 01-06-2015) A. Description 1. Install patterned pavement on asphalt or concrete pavement areas at locations and with the color and pattern as specified in the Plans. Use products listed on the FDOT APL, as approved for use in areas subject to vehicular traffic or non-vehicular traffic, respectively, as specified herein. Install products in accordance with manufacturer's recommendations. 2. For the purpose of this Specification, patterned pavements are defined as a post applied - -- - surface-marking-overlay=to-either-the paveme-n face 'or to-an-imprinted°-pavement ' -- surface. Vehicular traffic areas are defined as those subject to vehicles within the traveled way, shoulders and auxiliary lanes. Non-vehicular travel areas include medians, islands, curb extensions, sidewalks, borders, plazas and other areas typically subject to foot traffic only. 3. Install overlay products in areas subject to vehicular traffic to a thickness not exceeding 180 mils, Do not use products requiring removal of pavement or requiring blockouts or trenches below the top of pavement. 4. Variations within a pattern shall comply with Americans with Disabilities Act (ADA) requirements. B. Materials 1. General: a. Use only patterned pavement products approved for use in vehicular and non- vehicular areas, as appropriate, and listed on the APL, Meet manufacturer's specifications for all patterns, textures, templates, sealers, coatings and coloring materials. b. Material coatings used to achieve the pattern and color shall produce an adherent, weather resistant, skid resistant, wear resistant surface under service conditions. Color shall be integral and consistent throughout the installation. The composition of materials is intended to be left to the discretion of the manufacturer. c. Materials shall be characterized as non-hazardous as defined by Resource _ Conservation and Recovery Act (RCRA), Subpart C, Table 1 of 40 CFR 261.24 "Toxicity Characteristic". Materials shall not exude fumes which are hazardous, toxic or detrimental to persons or property. 2. Approved Product List(APL): a. Manufacturers seeking evaluation of their product shall submit an application to FDOT in accordance with FDOT Section 6 along with the following documentation: 1) Manufacturer's recommendations for applicability of use on concrete or asphalt surfaces. 2) Manufacturer's recommendation for applicability of use in vehicular or non- vehicular travel areas. 3) Manufacturer's specifications and procedures for materials and installation for each use above. 4) For products proposed for use in vehicular traffic areas, independent test data verifying the material meets the requirements of this Section including verification that the product, installed in accordance with the manufacturer's specifications and procedures, has been tested in accordance with either: a) ASTM E-274, Skid Resistance of Paved Surfaces using a standard ribbed full scale tire at a speed of 40 mph(FN4OR), and has a minimum FN4OR value of 35, or ITB 2017-032-ND 39 b) ASTM E-1911, Measuring Paved Surface Frictional Properties Using the Dynamic Friction Tester (DFT), at a speed of 40 mph (DFT40), and has a minimum DFT40 value of 40. • 5) For products proposed for use in non-vehicular traffic areas, independent test. data verifying the material meets the requirements of this Section including verification that the product, installed in accordance with the manufacturer's specifications and procedures, has been tested in accordance with ASTM E-303 — —___using=the=Btitish°Pendulrn Testes-and=has=a-Biitigh-Pendular-Nu►rnber-(BPN)of atf- ---- least 40. 6) For products proposed for use as a bike lane application, independent testing verifying that the material can meet the color as identified in the April 15, 2011, Interim Approval for Optional use of Green Colored Pavement for Bike Lanes, Interim Approval (IA-14) Memorandum Valid Under the 2009 MUTCD (http://mutcd.fhwa.dot,govlresources/interim approval lial4/ial4grnpmbiketlanes.pd 3. Performance Requirements for Products in Vehicular Travel Areas: a. In addition to the submittal requirements of B.2 above, APL approval will be contingent on a field service test demonstrating that the patterned pavement product meets the following performance measures at the end of three years from opening to traffic: 1)The average thickness shall be a minimum of 50%of the original thickness. 2)Wearing of the material coating shall not expose more than 15%of the underlying surface area as measured within the traveled way. 3)Friction performance of patterned/textured pavement materials shall meet or exceed one of the following test method values: • a) FN40R value of 35 in accordance with ASTM E-274; or, b) DFT40 value of 40 in accordance with ASTM E-1911. c) Manufacturers shall provide a field service test installation of each product within a marked crosswalk on a roadway with an ADT of 6,000 to 12,000 vehicles per day per lane, on a site approved by the Department. The test installation shall be a minimum six feet wide and extend from pavement edge to pavement edge across all traffic lanes and shoulder pavement at the crosswalk location, The test installation shall be tested by the manufacturer in accordance with FM 5-592. C. Construction 1, Product Submittals: Prior to installation, submit pattern and color samples to the Project Manager for confirmation that the product meets the pattern and color specified in the Plans. Do not begin installation until acceptance by the Project Manager. 2. Pavement Cuts: Complete all utility, traffic loop detector, and other items requiring a cut and installation under the finished surface, prior to product installation. 3. Surface Protection: Protect treated surfaces from traffic and environmental effects until the product is completely installed, including drying and curing according to the manufacturer's instructions. 4. Installation Acceptance: a. For installation on new asphalt roadways, apply patterned pavement a minimum of 14 days after placement of the adjacent pavement. b. Upon completion of the installation, the Project Manager will check the area at 0 - D 40 • random locations for geometric accuracy. If any of the chosen areas are found to be deficient, correct the entire patterned area at no additional cost to the Department. c. Provide certification that the patterned pavement was installed in accordance with the manufacturer's requirements. D. Method of Measurement. 1. The quantity to be paid will be the installed quantities in square feet of patterned pavement, completed and accepted. No deduction will be made for areas occupied by ___= _ ----- landscaping;manholeinlets;drainage—structures;or=byl�y=public�utility- appurtenances within the area. E. Basis of Payment. 1. Price and payment will be full compensation for all work specified in this Article. 2. Payment will be made under: a. Item No. 523- 1- Item No. 523-2--per square feet. Item Description Unit 523-1 Patterned Pavement, Vehicular SF Areas 523-1-3 Patterned Pavement, Vehicular SF Areas-Green Bike Lane 523-2 Patterned Pavement, Non- SF Vehicular Areas 523-2-3 Patterned Pavement, Non- SF Vehicular Areas-Green Bike Lane 1 I. ITB 2017-032-ND 41 APPENDIX D MIAMIBEACH Cost Proposal Form ITB 2017-032-ND For the Painting and Striping of Dedicated Bicycle Lanes PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 ITB 2017-032-ND 42 APPENDIX D COST PROPOSAL FORM Failure to',submit cost proposal form in its entirety and executedby the deadline established'for the receipt of 0ro.osals'Will result in •r000sal'bein0 deemed non=responsive and bein0 re-ected:, Bidder affirms that the prices stated on the cost proposal form below represents the entire cost of the items in full accordance with the requirements of this (TB, 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, 1 ____ 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 cost proposal form shall be completed mechanically or, if manually, in ink. Cost proposal forms completed in pencil shall be deemed non-responsive.All corrections on the cost proposal form shall be initialed. . Description ' Work under this Contract includes • " : ' ... furnishing of all['supervision,.labor,, . materials,tools,equipment and • - -•' - 'performing all operations required to -... . .-complete the painting,of'green bikelanes• - - Total Item_ :.. in accordance°with specifications: Quantity U I M Unit,Cost (Quaiitiiy x_unit_Cost); i 1 U.to 10,000 s.uare feet of work 10,000 sF 6® O 2 10,000 to 25,000 s•uare feet of work 25,000 'I • . 5 6 F m ;. X00, 3 25,000 to 50,000 s.uare feet of work 50,000 SF rik. 0 000 O 4 Above 50,000 s•uare feet of work 100,000 sF FY Qi� 19 140®, TOTAL Fj ii— Bidder's Affirmation Company: -I• ',!/L . �, •r ' (-ft" C2.<' _ r(a�G C..' Authorized Representattiive; �(A c� o co-a -2_ — Address: /0d 1 o Gi, :4 .,5 f Gl�: 6.2" r/!K�'/L'� F(35,/Z.S Telephone: 3 0,--------S.7-7 "j— 'Z-- Email: r--„y e ,.#o1'v?'/ /�- a Cif' -i• c 0,71 Authorized Represehtative's Signature: ITB 2017-032-ND 43 APPENDIX E MIAMIBEACH Insurance Requirements ITB 2017-0'32-ND For-the-P-a i n t i n g-and S t r-i-p in g-o of Dedicated Bicycle Lanes • 1 PROCUREMENT DEPARTMENT I 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 ITB 2017-032-ND 44 MIAMI 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. I76 2017-032-ND 45 I . , Adaniic • %,..0p.ye.,z, atitn UN(:oRA'1IVII I LC1(NOLO(lY,011 l'HI[ItOAI A}ILAI) December 10 2016 To: CITY OF MIAMI BEACH Reference: ITB 2017-032-ND Adopting of Code of Ethics To whom it may concern: Let this letter serve as notice of intent to adopt the City of Miami Beach code of ethics as required per bid documents. Sincerely, Rinaldo Cruz,Jr t_17 --- President i ray@atlantlepaving.com www.atlanticpaving.com i : I 10640 NW 123 STREET ROAD MEDLEY, FL 33178 Ph.: 305 513-8632 EMAIL: info @atlanticpaving.com i1/anhic Rt,„„,„0 -14...04, raving ORCOIIATIVE TIICIINOLOOY FOIL NIB ROAD ALIEN) December 10 2016 To: CITY OF MIAMI BEACH Reference: ITB 2017-032-ND Minimum Eligibility Requirements To whom it may concern: Relevant projects are as follows: CITY OF MIAMI BEACH ,Jose Gonzalez—Green Bike lanes Bundled-7 different projects ,$800,000,00 dollars. 16th Street,Alton Road south, Byron Ave, Dickens Ave,47th Street, Prairie Ave Sincerely, Rinaldo Cruz,J. President-- - --- —— ravPatlanticpaving.com www.atlanticpaving.com 10640 NW 123 STREET ROAD MEDLEY, FL 33178 Ph.:305 513-8632 EMAIL: info @atlanticpaving.com Detail by Entity Name Page 1 of 2 Florida Department of Slate Division OF CORPORATIONS DI VI 1UPI 1J .y(,✓/,)�g.org 1'0-1�_�J��r�•�TrJ�`.�� ✓' on ujjitiul i'f[U_of F1 rida fre%file Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name Florida Profit Corporation ATLANTIC PAVING CO., INC. Filing Information Document Number P97000025547 FEI/EIN Number 65-0737990 Date Filed 03/17/1997 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/08/1997 Event Effective Date NONE Principal Address 10640 NW 123 STREET ROAD Unit 103 MEDLEY, FL 33178 Changed: 01/05/2017 Mailing Address 10640 NW 123 STREET ROAD Unit 103 MEDLEY, FL 33178 Changed: 01/05/2017 Registered Agent Name&Address FERENCIK JR, ROBERT E 150 S PINE ISLAND RD STE 400 FORT LAUDERDALE, FL 33324 Name Changed: 03/17/2010 Address Changed: 03/14/2008 Officer/Director Detail Name&Address • Title SD STILL,ADRIANNA C http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 1/12/2017 Detail by Entity Name Page 2 of 2 801 NW 116 AVE PLANTATION, FL 33325 Title President CRUZ, RINALDO JR. 801 NW 116 AVE PLANTATION, FL 33325 Annual Reports Report Year Filed Date 2015 01/12/2015 2016 03/03/2016 2017 01/05/2017 Document Images 01/05/2017—ANNUAL REPORT View image in PDF format 03/03/2016--ANNUAL REPORT View image in PDF format 01/12/2015—ANNUAL REPORT View image in PDF format 01/11/2014--ANNUAL REPORT View image in PDF format 01/29/2013—ANNUAL REPORT View image in PDF format 01/31/2012--ANNUAL REPORT View image in PDF format 02/02/2011--ANNUAL REPORT View image in PDF format 03/17/2010—ANNUAL REPORT View image in PDF format 04/20/2009--ANNUAL REPORT View image in PDF format 03/14/2008--ANNUAL REPORT View image in PDF format 03/28/2007—ANNUAL REPORT View image in PDF format 04/12/2006—ANNUAL REPORT View image in PDF format 03/21/2005--ANNUAL REPORT View image in PDF format 03/15/2004--ANNUAL REPORT View image in PDF format J 08/07/2003--Req.Agent Change View image in PDF format 04/10/2003—ANNUAL REPORT View image in PDF format 02/24/2002—ANNUAL REPORT View image in PDF format 03/26/2001--ANNUAL REPORT View image in PDF format 01/14/2000—ANNUAL REPORT View image in PDF format 02/10/1999—ANNUAL REPORT View image in PDF format 01/30/1998--ANNUAL REPORT View image in PDF format 05/08/1997--AMENDMENT View image in PDF format 03/17/1997—Domestic Profit Articles View image in PDF format Flontla Desartment of State,Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 1/12/2017 ATTACHMENT D INSURANCE REQUIREMENTS 1 APPENDIX E (A--- MIAMI 1E Insurance Requirements ITB 2017-032-ND For the Painting. and Striping of Dedicated Bicycle Lanes PROCUREMENT DEPARTMENT 1755 Meridian Ave. 3rd Floor Miami Beach, Florida 33139 ITB 2017-032-ND 44 tral MIAMI BE 4, INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability- $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2017-032-ND 45 44 MIAMI BEACH City of Miami Beach, 1755 Meridian Ave,3`d Floor,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490, Fax:786-394-4010 January 23, 2017 ATLANTIC PAVING CO., INC. Mr. Rinaldo Cruz 10640 NW 123 Street Road, Suite 103 Medley, FL. 33178 Subject: INVITATION TO BID (ITB) 2017-032-ND for Painting and Stripping of Dedicated Bicycle Lanes. Dear Mr. Cruz: This letter shall serve as notification that the Mayor and City Commission, at its January 11th, 2017 meeting, approved a recommendation to award a contract to Atlantic Paving Co. Inc., for Painting and Striping of Dedicated Bicycle Lanes., pursuant to the above referenced ITB.The purpose of this letter is to inform you that agreements must be executed prior to the issuance of a Purchase Order, which is required for any work to be performed. Included with this correspondence is one (1)agreement book. To complete the execution of the agreements and before proceeding with the issuance of a Purchase Order, please provide the following: 1. Sign the signature pages where indicated ("sign here"). 2. Include the three (3) signed signature pages, attested, dated, and with the corporate seal. 3. A certificate of insurance, with limits as indicated in the ITB, reflecting the City of Miami Beach as additional insured. Certificates need to include the following as Certificate Holder: The City of Miami Beach, Florida C/O Insurance Tracking Services, Inc. (ITS) P.O. Box 20270 Long Beach, CA 90801 miamibeach(c�instrackinq.com 4. Please return all required documentation to this office within five (5) calendar days. If you have any questions, please contact Mr. Jorge Gueimunde at 305-673-7490, or jorgegueimunde @miamibeachfl.gov. Thank you, Alex Denis Procurement Director