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Certification of Contract All American Barricades, Corp. MIAMIBEACH ec CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT 3-1 - 17 TITLE: For Barricades &Traffic Control Equipment Rentals CONTRACT NO.: ITB 2017-016-AK EFFECTIVE DATE(S): This Contract shall remain in effect for a period of two (2) years from the date of execution by the Mayor and City Clerk of the City of Miami Beach, and may be extended at the sole discretion of the City of Miami Beach, though its City Manager, for three (3) additional one (1) year terms. SUPERSEDES: N/A CONTRACTOR(S): All American Barricades, Corp. (Secondary Vendor) ESTIMATED ANNUAL CONTRACT AMOUNT: $ 229,022.50 A. AUTHORITY - Upon affirmative action taken on March 1, 2017, by the Mayor and City Commission of the City of Miami Beach, Florida ("City"), approving the award of this Contract, and upon execution thereof by the City and All American Barricades, Corp. a Florida corporation (the "Contractor"). B. EFFECT - This Contract is entered into to provide for Barricades & Traffic Control Equipment Rentals, pursuant to City Invitation to Bid No. 2017-016-AK and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach 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 2017-016-AK. Contractor shall have no entitlement to perform any services hereunder, or to be compensated for any services, unless set forth in a written Purchase Order. 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, Doug Simon/Lieutenant Police — Police Support Service/ Police Department at 305-673-7000 ext. 5654.. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or 1 Page 2 Certification of Contract any portion of work and/or services required by the Contract Documents without the prior written consent of the City. Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES — Contractor acknowledges that the provision of the Public Entity Crimes Act, Section 287.133, Florida Statutes, shall apply to this Contract, which statute, among other things, provides that a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. 2 Page 3 Certification of Contract K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Alex Denis, Procurement Director City of Miami Beach Department of Procurement Management 1755 Meridian Avenue, 3`d Floor Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: All American Barricades, Corp. 2300 SW 41 Avenue Ft Lauderdale, FL. 33317 Attn: Ruben Santos Phone: 754-312-5100 Fax: 754-312-5928 E-mail: ruben(c barricades.com L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 3 Page 4 Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. R. As a secondary or tertiary vendor, no Purchase Order shall be issued to Contractor, and no work or services shall be authorized under this Agreement, except at City's sole discretion. 4 ti\A AAA EACH 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 March 6, 2017 All American Barricades, Corp Mr. Ruben Santos 2300 SW 41 Avenue Ft Lauderdale, FL. 33317 Subject: INVITATION TO BID (ITB) 2017-016-AK for Barricades &Traffic Control Equipment Rentals Dear Mr. Santos: This letter shall serve as notification that the Mayor and City Commission, at its March 1, 2017 meeting, approved a recommendation to award a contract to All American Barricades,Corp.,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 entire agreement and 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(a�instrackinq.com Please return all 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 Page 5 Certification of Contract IN WITNESS WHEREOF the Cityan Contractor have ca sed this.certification of Contract to be signed and attested on this 1 day of (VI , 20 by their respective duly authorized representatives. ALL AMERICAN BARRICADES, CORP. CITY OF MIAMI BE• l •RIDA 1. 7 t AM P esid Si.! • • re Ph'`p ne, Mayor {R.)0,1 *ro-() . Print lam Date -61 V- SO kl.- Da>\e I ATTEST: ATTEST: — !Iice_ _.t / 1 s . 11111.''Secr:il I Signature Rafael . Gran do, City Clerk �/ Cil -A iLi�. clan . Print Name v., Ur ti;-..' ( 11 \1 r' \Ili \ IA- Q.. ) Date APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION LLiial r' 3-31 -- f "31 -- ' C, Attorn: q.Q Date 5 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: March 1, 2017 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2017-016- AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS KEY INTENDED OUTCOME Enhance Public Safety and Emergency Preparedness FUNDING Grant funding will not be utilized for this project. BACKGROUND Since 2012, the City utilizes Miami Dade County Contract No. 9659-0/17 for Purchase of Traffic Control Equipment, Accessories and Rentals for major City's events such as Spring Break, Memorial Day, etc. The agreement is effective through November 30, 2017. However, there are no contractual issues with the current contract vendors,the Procurement Department after its due diligent defined that it is in the best interest of the City to provide department with city's own contract. The agreement offers exclusivity, priority and ensures proper equipment to control direct traffic flow, control motor and foot traffic, ensure accident prevention and to provide public safety in a wide variety of situations. In order to establish new contract, the procurement Department issued Invitation to Bid ("ITB") 2017-016-AK for various types of barricades and traffic control equipment rentals. ITB PROCESS ITB No. 2017-016-AK was issued on December 29, 2016,with bid opening date of February 2, 2017. One addendum was issued. The Procurement Department issued bid notices to 68 companies utilizing www.publicpurchase.com website.30 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of four (4) responses from: RoadSafe Traffic Systems, Inc., All American Barricades, Corp., Bob's Barricades, Inc., Acme Barricades, L.C. The ITB stated that the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award. In its due diligence, the Procurement Department verified that the lowest bid proposal was submitted by RoadSafe Traffic Systems, Inc. Accordingly, All American Barricades, Corp., Bob's Barricades, Inc., and Acme Barricades have been deemed responsive and responsible bidders meeting all terms, conditions, and specifications of the ITB. Therefore, staff recommends award to RoadSafe Traffic Systems, Inc., as lowest responsive bidder to the ITB , All American Barricades, Corp., as a secondary lowest responsive bidder to the ITB and Bob's Barricades, Inc., as a tertiary lowest responsive bidder to the ITB for barricades Commission Memorandum ITB 2016-149-ND For the Lease of Golf Course Turf Maintenance Equipment December 7, 2016 3 g e 12 and traffic control equipment rentals, as it is in the best interest of the City. RoadSafe Traffic Systems, Inc. RoadSafe Traffic Systems, Inc., established in 2007, is the largest companies in the nation providing the construction industry with the latest technologies in pavement marking, sign installation and traffic control services. Through offices across the United States, RoadSafe Traffic Systems, Inc., provides highly qualified customer support, state-of-the art-equipment and on-time services to meet customers' expectations for the best traffic safety services, products and equipment. Traffic Systems, Inc., provides City with barricades and traffic equipment rentals since 2009. All American Barricades, Corp., All American Barricades, Corp., established in 1998 is an FDOT and ATSSA Certified company with extensive knowledge in the field of highway/roadway and street closures. All American Barricades, Corp., provides wide range of services; including certified FDOT Maintenance of Traffic Plans (M.O.T), permit processing, flagging, standard type I, II, and vertical barricades, crowd control barricades, reflective construction signs, reflective and non-reflective traffic cones, flashing arrow boards, and variable message boards (VMS). All American Barricades, Corp., provides the City with barricades and traffic equipment rentals under Miami Dade County contract since 2012. Bob's Barricades, Inc., Bob's Barricades, Inc., established in 1975, manufactures traffic control devices. It offers traffic barricades, waterfilled barriers, target arrows, light towers, lights, safety equipment, cones, tapes, message boards, delineators, and attenuators. The company also provides drums, signs, flags, corrals, attenuator drums, vests, sandbags, and flagger equipment. In addition, it offers temporary traffic control services for contractors, utilities, state and local governments, department of transportation, and railroads in the United States. Bob's Barricades, Inc., provides the City with barricades and traffic equipment rentals under Miami Dade County contract since 2012. CITY MANAGER'S RECOMMENDATION After considering staff's recommendation and the bids received, pursuant to ITB 2017-016- AK, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to RoadSafe Traffic Systems, Inc. as the primary lowest responsive bidder to the ITB; All American Barricades, Corp., as the secondary lowest responsive bidder to the ITB and Bob's Barricades, Inc., as the tertiary lowest responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the contracts. ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS esh,e MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3rd Floor,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 1 INVITATION TO BID NO. 2017-016-AK BARRICADES AND-TRAFFIC CONTROL-EQUIPMENT-RENTALS January 26, 2017 This Addendum to the above-referenced ITB is issued in response to clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). ATTACHMENTS: Exhibit A- Revised Appendix E- Cost Proposal Form Proposers are required to submit revised Appendix E-Cost Proposal Form.Failure to submit the attached Revised Cost Proposal Form shall render proposal non- responsive,and said non-responsive proposal shall not be considered by the City Exhibit B - PO 29876 Exhibit C - Revised Section 0300 Proposal Submittal Instructions and Format II. ANSWERS TO QUESTIONS BY PROSPECTIVE BIDDERS RECEIVED VIA EMAIL. Q1: Is there currently a contract in force for Barricades and Traffic Control Equipment rentals? If so, please provide bid tabs from.previous bid of same contract. Al: No. Q2: On page 15 of the bid package, Proposal Submittal instructions and Format, in Section 2 Bid Proposal: Please confirm that at Tab 2 in the parenthesis should be Appendix A, not Appendix B. A2. Please refer to Exhibit C. Q3: For items 9-12, does the set-up include items 1-8? A3. Yes. Q4: Since the use of Type A and Type B arrow boards are primarily used while attached to vehicles and the Type C arrow board is the trailer mounted typically used items 25 and 26 need to be deleted. A4. Type A and Type B arrow boards has been removed. Please see Exhibit A revised Appendix E Cost Proposal Form. Q5: Since the City has listed an emergency response time frame within 2 hours in it ITB, an additional item needs to be added to cover the cost for this type of request. A5: Please refer to Exhibit A revised Appendix E- Cost Proposal Form. Q6: Due to the ongoing need from the Police and Special Event Department request for sand Minn *"""---""---71 ADDENDUM NO.1 ITB 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS bags, an additional item needs to be added to cover that cost. A6: No, not at this time. Q7: Can the City waive the requirement to create 10 copies and a CD or USB and also allow for electronic submission of the submittal? A7: No. Q8: Please provide detailed bid tabs from the last two prior contracts this upcoming contract Is currentlyreplacing A7: The City does not have a prior contract for these services. Q9: Do to the significant size/weight differential of a type I and II barricade compared to the french barricade, an additional item needs to be added for the setup of french barricades A8: Please refer to response A3. Q10: Please provide an example or PO where over 2501 traffic cones as well as drums were used. A9: See Exhibit B, PO 29876. Q11: Please provide 5 random work orders/PO's from the previous contract A10: The City does not have a prior contract for these services. Q12: In case of damage or stolen item, dose the City will cover cost of rental equipment? Al1: The City shall not be held responsible for lost, stolen, or damaged units and no additional compensation will be allowed for said units. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at Ra faelGranado(a miamibeachfl.gov. Procurement Contact: Telephone: Email: Aneta Kamyczek 305-673-7000, ext. 6455 anetakamyczek@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a pro.osal. OA Ale Deni ,' Pro rtent Director 2 f ADDENDUM NO.1 ITB 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS Exhibit A: Revised Cost Proposal Form APPENDIX-E . MIAMI BEACH Cost Proposal Form 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, Third Floor Miami Beach, Florida 33139 PROPOSERS ARE REQUIRED TO SUBMIT REVISED APPENDIX E - COST PROPOSAL FORM. FAILURE TO SUBMIT THE ATTACHED REVISED COST PROPOSAL FORM SHALL RENDER PROPOSAL NON-RESPONSIVE, AND SAID NON-RESPONSIVE PROPOSAL SHALL NOT BE CONSIDERED BY THE CITY. 3 I ADDENDUM NO,1 ITB 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS REVISED APPENDIX E PROPOSAL TENDER FORM Failure to submit Section 5,Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being reected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exer_cised_b_y_the_City_Manager_in advance._The P_roposal_Tender_Form_(Appendix_E)_shall_be_completed_mechanically or, if manually, in ink. Proposal Tender Forms (Appendix E) completed in pencil shall be deemed non- responsive. All corrections on the Proposal Tender Form (Appendix E)shall be initialed. ..' .� , . -7,>1,2i:-.... ..21._..-...:. _. AR w .,0-i- R LADES AND CROWD comot.EkE `-. .71-:,.- ; i.ri , _ :. _ �tFa�. te^ e .:sr.,, .zx.av . .. ... a.. . az,.�.a Estimated Price per Total Item Equipment Make/Model UOM Quantity day (Quantity x Unit Price per day) 1 Barricades Type I each 250 $ $ 2 Barricades Type II each 250 $ $ 3 Barricades Type III each 150 $ $ 4 Flasher Barricades Type I each 2000 $ $ 5 Flasher Barricades Type II each 2000 $ $ 6 Flasher Barricades Type III each 1000 $ $ 7 French Barricade 6 feet each 3500 $ $ 8 French Barricade 8 feet each 750 $ $ 9 Set-up fee for 0-100 barricades Lot 3 $ $ 10 Set-up fee for 101-500 barricades Lot 3 $ $ 11 Set-up fee for 501-2500 barricades Lot 4 $ $ 12 Set-u• fee for 2501+ barricades Lot 4 $ $ 13 Traffic Cones—36 inch each 2000 $ $ 14 Set-up fee for 1-100 traffic cones Lot 2 $ $ 15 Set-up fee for 101-500 traffic cones Lot 2 $ $ 16 Set-up fee for 501-2500 traffic cones Lot 2 $ $ 17 Set-u• fee for 2501+traffic cones Lot 2 $ $ 18 Drum each 250 $ $ i 19 Set-up fee for 1-100 drums Lot 1 $ $ 20 Set-up fee for 101-500 drums Lot 2 $ $ 21 Set-up fee for 501-2500 drums Lot 2 $ $ 22 Set-up fee for 2500+drums Lot 2 $ $ 23 Warning and Regulatory Signs each 250 $ $ 24 High Intensity Lights Type B each 50 $ $ 25 Arrow Boards, Generator Powered Type A each 20 item removed item removed 26 A _,. -_- e , _ -- - _ "e _ _ = each 20 item removed item removed 27 Arrow Boards, Generator Powered Type C each 20 $ $ 28 Message Boards each 50 $ $ Group 1 Total $ Emergency response flat fee $ 4 ADDENDUM NO.1 ITB 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS Bidders shall submit an offer on all line items listed included in Cost Proposal Form,Appendix E. If vendor fails to submit an offer on all items its overall offer for the group shall be rejected. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 5 ADDENDUM NO.1 ITB 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS Exhibit B: PO 29876; i • .101.011•1•••101101M1.110111MIMMIIIMMOVO. AMU 6 ADDENDUM NO.1 ITS 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS ILA MIAMI B EAC H PURCHASE ORDER I CHANGE ORDER MAIL INVOICE TO:"SHIP TO"ADDRESS Procurement Division 1700 Convention Center Drive Miami Beach FL 33139 Telephone:(305)673-7490 ptE 8PQ; kMBEk �; PAGE 029876 CO#0 1 of 2 VENDOR-(Ef _ LAT �A fGl01RD _ 043321 4/25/2016 VENDOR SHIP TO ALL AMERICAN BARRICADES POLICE DEPARTMENT 2300 SW 41 AVE CITY OF MIAMI BEACH FT. LAUDERDALE, FL 33317 1100 WASHINGTON AVENUE MIAMI BEACH, FL 33139 RE(tlL'S7ED,Bl�_ `_ : PHONE- r }EMAIL SPA __„,. YMflNt TERMS NANCY ALBA NancyAlba@miamibeachfl.gov NP Net 30 Days IR QU $TING'$E0MTMENT `: - 414*.kotrigTi(5(il1Y 4 , :PQRCktASEA Etati r )LICE CRIMINAL INVESTIGATIOI 2013-134-02 SPECIAL INSTRUCTIONS: 4 - xic• 13escr�p$IOI1 ' �..,�"' ...w -'4.''w Z. ''c;: Uni Pnce ._ + �' EXttiCe Quan�t�y i,�.Urrit _ .,.. DESCRIPTION Type I II Barricade 760 00 Qty:3800 @ $0,20. $0 20 each _.�.ar..� "teism s Traffic, Pedestrian &Crowd control M • :_..�.,. - — _. "_µ t�rin� �twl�C�a�Day We�ke�d 2016 . .�•_� _,� _. . , _ . .��.: - _014.71S. ♦r 3 TUF T G;( E�160 4 00 643 �7i v. s em .:. . t _r 360 00 DESCRIPTION: 36"Traffic Cone Rental } ,11 .. �u . ..4.. :.1, '.$1 - d.x. ""7 •, Y :s11,r. _Y..on...",i..ra, amu:s°..'/"4.'.,. Days: 4 aEF31'If�lSt(C vig7i �* y -= `4 A,; Qty: 100 @$.23 each DY Tt4,7TTalv. ft; .r: DESCRIPTION Crowd Control Barricades 67,800.00 Qty: 13,560 @$5.00 each _ _ C DESCRIPTION: Delivery Charge(French) Qt� 800.00 0 O • ' 467@ �eachT„..-5:717- Days: 5:7 _ Days: 1 Ghar e after: 4 a40. hour/weekend) Qty,.16 @$5a 0T3 each f" COMMENTS:THE PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES AND SHIPPING SUBTOTAL DOCUMENTS.YOU MUST ALSO STATE YOUR PROMPT PAYMENT TERMS ON YOUR INVOICE(I.E.2%10). FAILURE TO SUBMIT INVOICES AS STATED HEREIN WILL RESULT IN A DELAY IN THE PAYMENT PROCESS. TOTAL SEE ADDITIONAL TERMS AND CONDITIONS CONTAINED HEREIN. U.S.TREASURY DEPT.TAX EXEMPTION UNDER REG. NO.F59-6000372,STATE OF FLORIDA TAX ._.. :7e' EXEMPTION CERTIFICATE 85-8012621639C-9 � ��,,,�� Signature VENDOR COPY TERMS AND CONDITIONS 1. This purchase,blanket,or change order form properly signed by the Procurement Director or designee constitutes the entire agreement,unless there is a supporting agreement between the parties. Terms stated by Vendor in accepting or acknowledging this order shall not be binding unless accepted in writing by the City of Miami Beach, Florida (the "City"). Vendor may not transfer or assign this order without the City's prior written consent. This contract shall be governed by the provisions of the Uniform Commercial Code-Article 2 Sales,Chapter 627,Florida Statutes,and the City's Municipal Code. 2. Vendor shall suitably pack,mark,and ship in accordance with any instruction from the City and the requirements of common carriers to secure the lowest transportation costs. Vendor shall be liable for any difference in freight charge or damage to the materials by its failure to comply therewith.Vendor will send the City a "Notice of Shipment"giving the number of the order,kind and amount of materials and route at or prior to time of shipment.All shipments shall include a packing slip. 3. Vendor shall render invoices as instructed on the face hereof immediately upon shipment or completion of order. Separate invoices must be rendered in duplicate for each order. All invoices must show our purchase or blanket order number.Invoices shall be in the same format as stated on the face hereof,or in the supporting agreement.Inaccurate Invoices shall be rejected and shall not be considered rendered. 4. The City may return any materials which are defective, unsatisfactory, or of-inferior quality or workmanship, or fall—tomeerspecification—or-other requirements of this order. Such materials shall, unless accepted by the City, remain the property of Vendor and may be returned at Vendor's risk and expense,and Vendor shall reimburse the City for all prior payments therefor and/or costs incurred in connection with delivery or return of such materials. 5. Vendor warrants and represents that the materials will conform to the description and applicable specifications;shall be of good merchantable quality and fit for the known purpose for which sold;shall be free and clear of all liens and encumbrances and that Vendor has good merchantable title. This is in addition to any warranty or service guarantee given by Vendor to the City as provided by law. 6. Vendor shall comply,and has complied with all State, Federal and Local laws,regulations or order applicable to the purchase,manufacture, processing and delivery of materials,including but not limited to the Fair Labor Standards Act,of 1938,as amended;the provisions of Executive Order 10925.11114,and 11246,as amended,and any subsequent executive order relating to equal opportunity for employment on government contracts and all Rules and Regulations of the President's Committee on Equal Opportunity;the nondiscrimination clause contained In Section 202 of 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, and the implementing rules and regulations prescribed by Secretary of Labor,all of which are incorporated herein by reference. 7. If Vendor shall default in any respect, or become insolvent,or if a petition in bankruptcy or insolvency is filed by or against Vendor under any State or Federal law,the City in addition to other rights or remedies, may terminate and cancel this order.A waiver of breach of any provision shall not be a waiver of any other breach of such provision or of any other provisions. The City shall not, in any event,be liable to Vendor for special,contingent,or consequential damages. 8. Delivery must be made within the time specified in this order. If the material is not delivered within such specified time,the City reserves the right to cancel the order or any part thereof. When terms of delivery are FOB Destination,Vendor shall pay all transportation charges,and when terms of delivery are FOB shipping point,freight charges shall be prepaid and added to invoice. All prices are considered FOB Miami Beach,Florida,unless otherwise indicated.The City will not be responsible for merchandise delivered to any destination other than that specified herein. Deliveries accepted 8:30 am to 4:30 PM. Monday through Fridays,except for holidays. Perishable material will be shipped so as to arrive at destination on Monday through Friday. 9. All communications and acknowledgements concerning this order must show this purchase or blanket order number and be directed to: The City of Miami Beacn,City Hall-Procurement Department,1700 Convention Center Drive,Miami Beach,FL 33139. 10. Vendor shall defend any suit or proceeding brought against the City,its officers,agents,and/or employees based on a claim that the manufacture,sale, installation or the City intended use or resale of any of the materials covered constitutes infringement of any United States Letters Patent, now or hereafter issued, or violates any other proprietary interest (including copyrights, trademarks and trade secrets), if notified promptly In writing and given authority, information, and assistance(at Vendor's expense)for the defense of same: and Vendor shall pay all damages and costs,including attorney's fees,awarded against the City in such suit or proceeding in the event the City is enjoined from use and/or resale of any of the materials covered by this order as a result of said suit or proceeding. Vendor shall (at its expense) expend all reasonable efforts to procure for the City the right to use and/or resell said materials. If Vendor cannot so procure the aforementioned right within a reasonable time,Vendor shall then promptly(at Vendor's expense): (1)modify said materials so as to avoid infringement of any patent or other proprietary interest,and(2)pay reinstallation costs in connection therewith,or(3)remove said materials and refund the purchase price and reimburse the City for the transportation and installation costs thereof. Vendor shall have the same obligations with respect to any claim for infringement of foreign patents or violation of other foreign proprietary interests if the City purchases hereunder for shipment to and for the use or resale in a foreign country and Vendor is so advised.This paragraph 10 shall constitute the sole agreement relating to liability for infringement or violation of proprietary rights unless expressly revised or revoked in writing. 11. Buyer's remedies,in the event of default by Vendor,shall be as provided by law,except as otherwise provided herein. 12. Each case or parcel must be labeled, showing the City's order number and complete description of contents. All barrels, boxes, bags,crates or other packages must be labeled with tag(linen tag preferred)securely fastened to packages,showing shipper's name and our order number.If not possible to attach tags,information must be printed on packages. Drop shipments and partials must be treated similarly. 13. If bid or contract terms, conditions and/or specification differ from those of this purchase or blanket order, the bid, contract or agreement shall take precedence. 14. Vendor shall not offer any gratuities,favors,or anything of monetary value to any official,employee,or agent of the City,for the purpose of influencing consideration of this order. 15. Vendor,in connection with providing the above referenced Services/Products on behalf of the City of Miami Beach,Florida,agrees to indemnify and hold harmless the City and its officers, employees, agents, and contractors,from and against any and all actions (whether at law or in equity),claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury,wrongful death, loss of or damage to property,which may arise or be alleged to have arisen from the negligent acts,errors,omissions or other wrongful conduct of Vendor,its officers,employees, agents, contractors, or any other person or entity acting under Vendor's control or supervision, in connection with, related to, or as a result of Vendor's performance under this Purchase Order. To that extent,Vendor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses,and shall pay all costs and attorneys'fees expended by the City in the defense of such claims and losses, including appeals. 16. Call 305-673-7490/VOICE to request material in accessible format or information on access for persons with disabilities. For more information on ADA compliance please call 305-673-7080. girl MIAMI BEACH PURCHASE ORDER 1 CHANGE ORDER MAIL INVOICE TO: "SHIP TO"ADDRESS Procurement Division 1700 Convention Center Drive Miami Beach FL 33139 Telephone:(305)673-7490 029876 CO#0 2 of 2 VEftDOR t _ DATit . . ,t ATE RE(UIREI � . 043321 4/25/2016 VENDOR SHIP TO ALL AMERICAN BARRICADES POLICE DEPARTMENT CITY OF MIAMI BEACH 2300 SW 41 AVE FT. LAUDERDALE, FL 33317 1100 WASHINGTON AVENUE MIAMI BEACH, FL 33139 _REQUESTED-BY PHONE: __. .. n .. ..� E MAID <PAV, LENT TERMS NANCY ALBAy @ 9 Nanc Alba miamibeachfl. ov A/P Net 30 Days F Q>1E$TINGf7 FAR/I�IIENT GQF[TF AdT 4UTMORITY I�IJkCEIAS, A ltHORl'T`1 e )LICE CRIMINAL INVESTIGATIOI 2013-134-02 SPECIAL INSTRUCTIONS: Qu`_anti- Unit.. Ddsaript[on:' ._ , * - Ua , EX Days: 1 n P- n � a. we , tE-gGR�PTCQtl tiia0.�I:a4008.e -tTrY/a._ ._ '= w .. down) tQY3390,@,$5 0aac Days: 1 6ggt- tt34 QO. Qty: 84 @$50.00 each • 3;_ I DESCRIPTION: Delivery&Pickup Carge-VMS 1 200.00 -' .....a _ ...�.J.... ... .. .'C . .... c_ _lL. .. .. e.. .,kX'. ... x'1`4_.�`.,=•G:4 ._ i=Y. ».._ .._ r•._ _ - 4. _a x -„ .. .r..._ ..,. + ,..,> —..-... a,.. ......�...-.. r_...-,h'.r,. _c.a •#.4. i}r R 2 ..aaati ._%r.. �� _._ ., .•.�. - ....� � "-- a cv :_..,... .. :.,..�.................•.. 1._•.._... ....•........_..,i <.i #+a..,.v-.al _ .rt._.--,.._< - , Y r s, fiK COMMENTS:THE PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES AND SHIPPING SUBTOTAL 95,693.00 DOCUMENTS.YOU MUST ALSO STATE YOUR PROMPT PAYMENT TERMS ON YOUR INVOICE(I.E.2%10)• 95,693.00 FAILURE TO SUBMIT INVOICES AS STATED HEREIN WILL RESULT IN A DELAY IN THE PAYMENT PROCESS. TOTAL SEE ADDITIONAL TERMS AND CONDITIONS CONTAINED HEREIN. U.S.TREASURY DEPT.TAX EXEMPTION UNDER REG.NO.F59-6000372,STATE OF FLORIDA TAX EXEMPTION CERTIFICATE 85-8012621639C-9 Signature VENDOR COPY TERMS AND CONDITIONS 1. This purchase,blanket,or change order form properly signed by the Procurement Director or designee constitutes the entire agreement,unless there is a supporting agreement between the parties. Terms stated by Vendor in accepting or acknowledging this order shall not be binding unless accepted in writing by the City of Miami Beach, Florida (the "City"). Vendor may not transfer or assign this order without the City's prior written consent. This contract shall be governed by the provisions of the Uniform Commercial Code-Article 2 Sales,Chapter 627,Florida Statutes,and the City's Municipal Code. 2. Vendor shall suitably pack,mark,and ship in accordance with any instruction from the City and the requirements of common carriers to secure the lowest transportation costs. Vendor shall be liable for any difference in freight charge or damage to the materials by its failure to comply therewith,Vendor will send the City a "Notice of Shipment"giving the number of the order, kind and amount of materials and route at or prior to time of shipment.All shipments shall include a packing slip. 3. Vendor shall render invoices as instructed on the face hereof immediately upon shipment or completion of order. Separate invoices must be rendered in duplicate for each order. All invoices must show our purchase or blanket order number.Invoices shall be in the same format as stated on the face hereof,or in the supporting agreement.Inaccurate invoices shall be rejected and shall not be considered rendered. 4. The City may return any materials which are defective, unsatl factiory,—or of inferior quality orworkmanship, or fail to meet-specification or-other requirements of this order. Such materials shall, unless accepted by the City, remain the property of Vendor and may be returned at Vendor's risk and expense,and Vendor shall reimburse the City for all prior payments therefor and/or costs Incurred in connection with delivery or return of such materials. 5. Vendor warrants and represents that the materials will conform to the description and applicable specifications;shall be of good merchantable quality and fit for the known purpose for which sold; shall be free and clear of all liens and encumbrances and that Vendor has good merchantable title. This Is in addition to any warranty or service guarantee given by Vendor to the City as provided by law. 6. Vendor shall comply,and has complied with all State, Federal and Local laws, regulations or order applicable to the purchase,manufacture, processing and delivery of materials,including but not limited to the Fair Labor Standards Act,of 1938,as amended;the provisions of Executive Order 10925.11114,and 11246,as amended,and any subsequent executive order relating to equal opportunity for employment on government contracts and all Rules and Regulations of the President's Committee on Equal Opportunity;the nondiscrimination clause contained in Section 202 of 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, and the implementing rules and regulations prescribed by Secretary of Labor,all of which are incorporated herein by reference. 7. If Vendor shall default in any respect,or become insolvent,or if a petition in bankruptcy or insolvency is filed by or against Vendor under any State or • Federal law,the City in addition to other rights or remedies,may terminate and cancel this order.A waiver of breach of any provision shall not be a waiver of any other breach of such provision or of any other provisions. The City shall not,In any event,be liable to Vendor for special, contingent, or consequential damages. 8. Delivery must be made within the time specified in this order. If the material is not delivered within such specified time,the City reserves the right to cancel the order or any part thereof. When terms of delivery are FOB Destination,Vendor shall pay all transportation charges,and when terms of delivery are FOB shipping point,freight charges shall be prepaid and added to invoice. All prices are considered FOB Miami Beach,Florida,unless otherwise indicated.The City will not be responsible for merchandise delivered to any destination other than that specified herein. Deliveries accepted 3:30 am to 4:30 PM. Monday through Fridays,except for holidays. Perishable material will be shipped so as to arrive at destination on Monday through Friday. 9. All communications and acknowledgements concerning this order must show this purchase or blanket order number and be directed to: The City of Miami Beach,City Hall-Procurement Department,1700 Convention Center Drive,Miami Beach,FL 33139. 10. Vendor shall defend any suit or proceeding brought against the City,its officers,agents,and/or employees based on a claim that the manufacture, sale, installation or the City intended use or resale of any of the materials covered constitutes infringement of any United States Letters Patent, now or hereafter issued, or violates any other proprietary interest (including copyrights, trademarks and trade secrets), if notified promptly in writing and given authority, information,and assistance(at Vendor's expense)for the defense of same:and Vendor shall pay all damages and costs,including attorney's fees, awarded against the City in such suit or proceeding in the event the City is enjoined from use and/or resale of any of the materials covered by this order as a result of said suit or proceeding. Vendor shall (at•its expense) expend all reasonable efforts to procure for the City the right to use and/or resell said materials. If Vendor cannot so procure the aforementioned right within a reasonable time,Vendor shall then promptly(at Vendor's expense): (1) modify said materials so as to avoid infringement of any patent or other proprietary interest,and(2)pay reinstallation costs in connection therewith,or(3) remove said materials and refund the purchase price and reimburse the City for the transportation and installation costs thereof. Vendor shall have the same obligations with respect to any claim for infringement of foreign patents or violation of other foreign proprietary interests if the City purchases hereunder for shipment to and for the use or resale in a foreign country and Vendor is so advised.This paragraph 10 shall constitute the sole agreement relating to liability for infringement or violation of proprietary rights unless expressly revised or revoked in writing. 11. Buyer's remedies,in the event of default by Vendor,shall be as provided by law,except as otherwise provided herein. 12. Each case or parcel must be labeled,showing the City's order number and complete description of contents. All barrels, boxes, bags,crates or other packages must be labeled with tag(linen tag preferred)securely fastened to packages,showing shipper's name and our order number.If not possible to attach tags,information must be printed on packages. Drop shipments and partials must be treated similarly. 13. If bid or contract terms, conditions and/or specification differ from those of this purchase or blanket order,the bid,contract or agreement shall take precedence. 14. Vendor shall not offer any gratuities,favors,or anything of monetary value to any official, employee,or agent of the City,for the purpose of influencing consideration of this order. 15. Vendor,in connection with providing the above referenced Services/Products on behalf of the City of Miami Beach,Florida,agrees to indemnify and hold �I harmless the City and its officers,employees, agents, and contractors,from and against any and all actions(whether at law or in equity),claims, liabilities, losses, and expenses, including, but not limited to,attorneys' fees and costs,for personal,economic or bodily injury,wrongful death, loss of or damage to property,which may arise or be alleged to have arisen from the negligent acts,errors,omissions or other wrongful conduct of Vendor,its officers,employees, agents, contractors, or any other person or entity acting under Vendor's control or supervision, in connection with, related to, or as a result of Vendor's performance under this Purchase Order. To that extent,Vendor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses,and shall pay all costs and attorneys'fees expended by the City in the defense of such claims and losses, l including appeals. 16. Call 305-673-7490/VOICE to request material in accessible format or information on access for persons with disabilities. For more information on ADA compliance please call 305-673-7080. Exhibit C: Reviser Section 0300 Proposal Submittal Instruction and Format 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 receip_t_of_bids,_Additionally,-ten410)-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. Bid Proposals are to be delivered to the following address: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 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 137 A). • TAB 3-Submittal Requirements requested in Appendix C, Minimum Requirements. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids, Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened.The City does not accept responsibility for any delays, natural or otherwise 7 1 ADDENDUM NO.1 ITB 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS INVITATIO\ TO BID (ITB) BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS 2017-016-AK BID ISSUANCE DATE: DECEMBER 29, 2016 BID DUE: FEBRUARY 2, 2017@ 3:00 PM ISSUED BY: ANETA KAMYCZEK MIAMIBEACH ANETA KAMYCZEK, CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 MERIDIAN AVE, 3RD FLOOR, Miami Beach, FL 33139 305.673.7000 x 6455 I www.miamibeachfl.gov Inn 411.111M111111=11111.AIMINI11111111111111. 9-1s•1uzs BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED 2 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS& FORMAT 15 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 24 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 26 APPENDIX D SPECIAL CONDITIONS 31 APPENDIX E COST PROPOSAL FORM 36 APPENDIX F INSURANCE REQUIREMENTS 39 2 est i • IMMINEINIMMIIMI 4110,111, 5•'ri;5 BEAC 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.publiceurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this bid is to establish a contract, by means of sealed bids, for the rental of barricades and traffic control equipment for various City's Departments on as needed basis. 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued December 29,2016 Pre-Bid Meeting January 12,2017 10:00AM Deadline for Receipt of Questions January 24 ,2017 5:00PM Responses Due February 2,2017 3:00PM Tentative Commission Approval Authorizing Award TBD 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Aneta Kamyczek 305-673-7000 x 6455 anetakamvczeka(�miamibeachfl.Qov dditionally. the City Clerk is to be copied on all communications via e-mail at: RafaelGranado(a miamibeachfi.gov: or via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 3 IMO 410.11.1b. ISOM * •:!tii5 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation.Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/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 - f...`- •' '! e-'- • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 4 r . NN► 411111111*► * NMI ir�� .111•••=111111 IIMM•MMWMNIMM !9�5.26'd) E;ri C7 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance,furnishing of the Work,or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concem owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2)or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 12. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 13. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City,to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s)and, 5 - AMIE lb. �b MEI 111M.MilletIONMEMONIIIIMMNIMS rP5•;615 s^ b 'H may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price,Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character, integrity, reputation,judgment,experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 14. MULTIPLE AWARD.The City may award up to three vendors(primary, secondary,tertiary), as available, by line item, by group or in its entirety. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 15. BINDING CONTRACT.The signed bid shall be considered an offer on the part of the bidder,which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1)Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 16. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 17. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 18. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 19. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, 6 rr .41111111► - ANIMUMMil 11011.1 /1/1/ .'fii 'BES Cf_` services, items,equipment, materials, and/or supplies. 20.AMERICAN WITH DISABILITIES ACT.To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request.TTY users may also call 711 (Florida Relay Service). 21. ANTI-DISCRIMINATION. The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 22. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation,without the prior written consent of the City. 23. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 24. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds,when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 25. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 26. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 27. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 28. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least 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 7 Nr S OMNI AIIIMINMIS111116/111111111111•111111111111 a 5.N; BE bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement Management(DPM), 1700 Convention Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk. 29. COLLUSION.Where two (2)or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties"means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one(1)bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 30. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays,from 8:30 A.M.to 4:00 P.M. 33. DELIVERY TIME. Bidders shall specify in the attached Bid Form,the guaranteed delivery time(in calendar days) for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted. 34. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and 8 r AIMEMI► /r * INSMOINUMM 41111111111111111111111111111 at5•Hi B have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial,technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 35. 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. 36. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 37. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. 9 NM /OM �► • }7t4. 38. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 39. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority"under the emergency conditions noted above. 40. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 41. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements,you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 42. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 43. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 44. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 10 MIN AIM. - + 2'S•...e5 '.. 45. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor,or agent of the City,for the purpose of influencing consideration of this Bid. 46. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 47. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 48. LAWS, PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 49. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 50. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 51. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 11 r .41111.1►. `► • OMNI WNW MMIMMONIMIMI ON.MINIMMI•111•11111M1•0100 1••••• • r s•2" s /., t 52. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 53. MODIFICATION/WITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 54. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 55. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 56. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 57. PATENTS & ROYALTIES.The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented,or unpatented invention, process,or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed,without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 58. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect,and properly invoiced. 59. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a 12 �. .+1�►. BEACH consideration in determination of award of bid(s). 60. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 61. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 62. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed,will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 63. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 64. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract,or on an as-needed basis through the City's spot market purchase provisions. 65. SUBSTITUTIONS.After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 66.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 67. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Veteran Preference ordinances have been applied or the tie exists between bidders that are not Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 68. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements,or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination,which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained 13 r �► 4111.1116► + alma gisonne/I111 /i s,S•n` BEby the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 69. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination,which shall become effective thirty(30)days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 70. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L.for the item(s) offered and fumished. 71. 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. 14 N A111.66. .- - + OM 1 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, ten (10) 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. Bid Proposals are to be delivered to the following address: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive.All corrections on the Cost Proposal Form shall be initialed. • TAB 2-Bid Certification, Questionnaire and Affidavits (Appendix B). • TAB 3—Submittal Requirements requested in Appendix C, Minimum Requirements. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 15 APPENDIX "A" CA_ IAMI BBEACH Proposal Certification , Questionnaire & Requirements Affidavit ITB No . 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 16 Solicitation No: Solicitation Title: 2017-016-AK Barricades and Traffic Control Equipment Rentals Procurement Contact: Tel: Email: Aneta Kamyczek (305)673-7000 x 6455 anetakamyczek@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. 18 Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: https:llsuoolierportal.dnb.comlwebapplwcslstoresIservlet1SupplierPortal?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 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. 19 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 8. - .. , . • _ benefits,and$12.92/hr without benefits. came(in a particular year). 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 20 If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 10. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 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 for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. 21 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. 22 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 Proposers Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: 23 APPENDIX B ICA MIAMI BEACH " No Bid " Form ITB No . 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 E Note.nft is important for those vendors who have received notification of this solicitation but hove 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. 24 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 ATTENTION:Aneta Kamyczek ITB No. 2017-016-AK 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 25 APPENDIX C CD MIAMI BEACH Minimum Requirements & Specifications ITB No . 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 26 Cl. Statement of Work. 1. The purpose of this solicitation is to establish a contract for various types of barricades and traffic controls equipment rentals for special City's events. Such items will be delivered to and/or removed from any location in City of Miami Beach. 2. All cost for the described services shall be stated in the bid proposal. 3. All bidders shall provide quote prices based on F.O.B. destination,freight prepaid. 4. All products shall be in accordance the Manual on Uniform Control Devices for streets and Highways, U.S. Department of Transportation, Federal Highway administration, ANSI D1-1971, and the State of Florida Department of Transpiration's Manual on Uniform Traffic Control Devises for Streets and Highways including the latest revisions of these documents. 5. Bidder shall respond and have equipment on-site and set-up at location specified 24 hours after the date that the City department orders the items. In case of emergency, the bidder shall be capable of responding and having equipment on-site and set up within two(2) hours after notification by the City. 6. Where units delivered are other than what was ordered or where units do not conform to specifications, including flashers that do not flash or other defective equipment, the delivery requirements shall not be considered as met. 7. Bidder shall replace any unit found to be damage or inoperable at no additional cost to the City, with delivery and pick-up time for the replacements meeting the above time requirements. 8. Bidder shall quote a fixed hourly rate for set up and removal of barricades and traffic controls equipment. The City will notify the Bidder that the rental items are no longer required and ready to be picked-up. Bidder shall pick-up items within twenty-four hours for the City's request for pick-up. The City will not be responsible for additional rentals charge due to the bidder's failure to pick-up the items upon City's notifications. C2. Specifications I. Traffic Barricades and Crowd Control Barriers Barricade is a portable or fixed device having from one to three rails with appropriate markings. It is used to control traffic by closing, restricting, or delineating all or a portion of the right-of-way. Stripes on barricade rails shall be alternating orange and white retroreflective stripes (sloping downward at an angle of 45 degrees in the direction traffic is to pass). The stripes shall be six inches wide, except where rail lengths are less than 36 inches,when 4-inch-wide stripes may be used. Barricades shall be of three types: Type I, Type II, or Type III. Type I or Type II barricades are intended for use in situations where traffic is maintained through the temporary traffic control zone. They may be used singly or in groups to mark a specific condition, or they may be used in a series for channelizing traffic. Type III barricades used at a road closure may extend completely across a roadway or from curb to curb. 1. Type I Barricade- rail stripe widths shall be 6 inches, except that 4-inch wide stripes may be used if rail lengths are less than 36 inches. The sides of barricades facing traffic shall have retroreflective rail faces. The barricade is shown as one horizontal rectangular rail with a width shown as a dimension of 24 inches min., and a height shown as a dimension of 8 to 12 inches. The distance from the top of the panel (rail) to the ground surface is shown as a dimension of 36 inches MIN. The rail is shown covered with alternating white and orange diagonal stripes that run from top right to bottom left at a 45-degree angle.Warning lights (optional). 27 * /4s1 i , ,A 8 lo 12 aches 76 { 24 inches---.i 1 inches I l.1tN- bI1N. 1 TYPE I BARRICADE** 2. Type II Barricades - rail stripe widths shall be 6 inches, except that 4-inch wide stripes may be used if rail lengths are less than 36 inches. The sides of barricades facing traffic shall have retroreflective rail faces." The barricade is shown as composed of two horizontal rectangular rails parallel to each other and one directly above the other. Each rail is shown with a width shown as a dimension of 24 inches min., and a height shown as a dimension of 8 to 12 inches. The distance from the top of the upper panel (rail) to the ground surface is shown as a dimension of 36 inches min. The rail is shown covered with alternating white and orange diagonal stripes that run from top right to bottom left at a 45-degree angle. Warning lights(optional). * , 4 . It ' . P 8:o 12 inches 3s inches ,� P hBN, 1 I.--24 nct- MIN. TYPE 2 BARRICADE ** 3. Type III Barricades - rail stripe widths shall be 6 inches, except that 4-inch wide stripes may be used if rail lengths are less than 36 inches. The sides of barricades facing traffic shall have retroreflective rail faces." The barricade is shown composed of three horizontal rectangular rails parallel to each other and one directly above the other. Each rail is shown with a width shown as a dimension of 4 ft. min. and a height shown as a dimension of 8 to 12 inches.The distance from the top of the topmost panel to the ground surface is shown as a dimension of 5 ft.min.The rail is shown covered with alternating white and orange diagonal stripes that run from top right to bottom left at a 45-degree angle.Warning lights (optional). Pit A45. r Air Air Atir 5 R pprArorair A 8.12 fiches. MIN 4 fl MIN. TYPE 3 BARRICADE ** 4. French Barricades 28 Heavy duty steel 6 or 8 foot wide fence style barriers can interlock to create a continuous barrier that's excellent for crowd control in virtually any environment: concerts, festivals, sporting events, construction areas Specifications: • Material: Steel • Width: 6 or 8 feet • Height:43 in. II. Traffic Safety Cones 1. Traffic cones-Traffic cones 36 inch, with reflective collar. Red/orange or bright fluorescent orange molded PVS, minimum weight 8lbs. li .;,; 2. Drums - Drums used for traffic warning or channeling shall be approximately 36" in height and a minimum of 18" in diameter. The marking on drums shall be horizontal, circumferential, orange and white reflector stripes four to eight inches wide, using a material that has a smooth, sealed outer surface that will display the same approximate size, shape and color day and night. There shall be at least two orange and two white stripes on each drum. If there are non-reflectorized spaces between the horizontal orange and white stripes, they shall be no more than two inches wide. ii.......i, 29 II.Warning and Regulatory Signs, Massaging Board 1. Warning and Regulatory Signs (non- electrical) —Temporary Traffic Control ("TTC") zone signs shall be a minimum of 48X48 inch; convey both general and specific messages by means of words or symbols and have the same three categories as all traffic signs: namely, regulatory signs, warning signs, and guide signs. Warning signs in temporary traffic control zones shall have a black legend on an orange background. Yellow warning signs within the traffic control zone which are still applicable may remain in place as per specifications contained in Part VI of the Manual on Uniform Traffic Control Devices (MUTCD). Sings shall include, but not be limited to the following: 1. Road Construction —500 feet 2. Road Construction — 1000 feet 3. Road Construction — 1500 feet 4. Keep Left 5. Keep Right 6. Detour 7. Stop 8. Road Closed—Local Traffic Only 9. Left Lane Ends 10. Right Lane Ends 2. High Intensity Lights,Type B-are single-sided high intensity lights featuring 9 high intensity super bright LEDs. r‘ 'j. • • �., *• 3. Arrow Boards, Generator Powered—Arrow board is either Type A 24 by 48 inches with minimum of 13 lamps and a minimum legibility distance of 1/2 mile;Type B which is 30 by 60 inches or 36 by 72 inches, with a minimum of 13 up to 25 lamps and a minimum legibility distance of 3/4 mile; or Type C which is 48 by 96 inches with a minimum of 15 up to 25 lamps and a minimum legibility distance of 1 mile. Arrow board shall consist of flashing lights in the shape of a right or left arrow. Power is provided by means of a gasoline or diesel generator or a solar powered generator system with battery backup for the hours of darkness. The arrow board must be capable of continuous operation, 24 hours per day. 30 ' a= j _* V. 55T j qr . 4. Message Boards — portable changeable message signs shall be temporary traffic control devices with the flexibility to display a variety of messages, as specified in the FDOT Roadway and Traffic Design Standards Manual. Each message shall consist of either one or two phases. Typically, a phase shall consist of up to three lines of eight characters per line. The components of a Portable Changeable Message sign should include: a message sign panel, control systems, a power source, and mounting and transporting equipment. Portable Changeable Message signs shall be equipped with a power source and a battery back-up to provide continuous operation when failure of the primary power source occurs. The mounting of Portable Changeable Message signs shall be such that the bottom of the message sign panel shall be a minimum of 84 inches above the ground when in the raises position. 31 APPENDIX D MAMI BEACH Special Conditions. ITB No. 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS PROCUREMENT DEPARTMENT 1755 Meridian Ave, 3rd floor Miami Beach, Florida 33139 32 1. TERM OF CONTRACT. The contract(s) entered into with the successful proposer(s) will have an initial term of two (2)years 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for three (3) additional one-year periods subject to the availability of funds for succeeding fiscal years. 3. PRICES SHALL BE FIXED AND FIRM: All prices quoted in the awardee's bid submittal shall remain firm and fixed, unless amended in writing by the City. 3.1 COST ESCALATION. Prices must be held firm during the initial term of the agreement. During the renewal term, the City may consider prices increases not to increase the applicable Bureau of Labor Statistics (www.bls.gov) CPI-U index or 3%, whichever is less. The City may also consider increases based on mandated Living Wage increases. In considering cost escalation due to Living Wage increases, the City will only consider the direct costs related to Living Wage increases, exclusive of overhead, profit or any other related cost. 4. EQUITABLE ADJUSTMENT. The City, through its City Manager, may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the successful bidder(s) control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4)the volatility so affects the successful bidder(s) that continued performance of the contract would result in a substantial loss. Successful bidder(s) may need to supply documentation to justify any requested percentage increase in cost to the City of Miami Beach. 5. PROHIBITION AGAINST THE SALE. The Successful Bidder will not sell or distribute any item(s)with the City of Miami Beach name or logo thereon to the general public. 6. DELIVERY. The vendor shall make deliveries within 24 hours after the date of the order. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); except in such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the control of the vendor. In these cases, the vendor shall notify the City of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the City. 7. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY. The Successful Bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip/delivery ticket shall be attached to the shipping carton(s) or shall be made available to the designated Contract Administrator during delivery/pickup. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number, date of order, a complete listing of items being delivered/picked up and back-order quantities and estimated delivery of back-orders, if applicable. 8. INVOICING.The vendor shall submit an invoice to the City user department(s) that requested the items through a purchase order. The date of the invoices shall not exceed thirty (30) calendar days from the delivery of the items. Under no circumstances shall the invoice be submitted to the City in advance of the delivery and acceptance of the items. In addition the invoice shall reference (or include a copy of) 33 the corresponding delivery ticket number or packing slip number that was signed by an authorized representative of the City user department at the time the items were delivered and accepted. Failure to submit invoices in the prescribed manner will delay payment. The vendor shall provide the City with the demonstration of MSRP discount pricing for scheduled items during the quote process. At no time should the items exceed MSRP or Published Price. 9. ADDITION/DELETION OF ITEMS/PRODUCTS: Although this solicitation identifies specific items/products, it is hereby agreed and understood that any related item/products may be added to, and any awarded items/products may be deleted from, this contract at the option of the City. When an addition to the contract is required, the Successful Bidder(s) under this contract and other suppliers, as deemed necessary shall be invited to submit price quotes for these new items/products. If these quotes are comparable with market prices offered for similar items/products, the supplier(s) and item(s) shall be added to the contract, if it is in the best interest of the City and an addendum and a separate purchase order or change order shall be issued by the City. 34 APPENDIX E MIAMI BEACH Cost Proposal Form ITB No. 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 35 APPENDIX E PROPOSAL TENDER FORM Failure to submit Section 5,Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Proposal Tender Form (Appendix E) shall be completed mechanically or, if manually, in ink. Proposal Tender Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Proposal Tender Form (Appendix E)shall be initialed. ff '''''''::1- .1.:', -,'.i--.7-.:i.'-'2:-.,- r'°., Viiia ' t c ,,Ii ,-, Estimate Price per Total Item Equipment Make/Model UOM d da (Quantity x Unit Quantit y Price •er da ) 1 Barricades T •e I each 250 $ $ 2 Barricades T •e II each 250 $ $ 3 Barricades T •e III each 150 $ $ 4 Flasher Barricades T •e I each 2000 $ $ 5 Flasher Barricades T •e II each 2000 $ $ 6 Flasher Barricades T se Ill each 1000 $ $ 7 French Barricade 6 feet each 3500 $ $ 8 French Barricade 8 feet each 750 $ $ 9 Set-u• fee for 0-100 barricades Lot 3 $ $ 10 Set-u• fee for 101-500 barricades Lot 3 $ $ 11 Set-u• fee for 501-2500 barricades Lot 4 $ $ 12 Set-u. fee for 2501+ barricades Lot 4 $ $ 13 Traffic Cones—36 inch each 2000 $ $ 14 Set-u• fee for 1-100 traffic cones Lot 2 $ $ 15 Set-u• fee for 101-500 traffic cones Lot 2 $ $ 16 Set-u• fee for 501-2500 traffic cones Lot 2 $ $ 17 Set-u• fee for 2501+traffic cones Lot 2 $ $ ht., t , I r, , , „ i. 1 18 Drum each 250 $ $ 19 Set-u. fee for 1-100 drums Lot 1 $ $ 20 Set-u• fee for 101-500 drums Lot 2 $ $ 21 Set-u• fee for 501-2500 drums Lot 2 $ $ 22 Set-u• fee for 2500+ drums Lot 2 $ $ 23 !11 • - d R-•. -`• . . each 250 $ $ 24 Hi.h Intensit Li•hts T •e B each 50 $ $ 25 Arrow Boards, Generator Powered T •e A each 20 $ $ 26 Arrow Boards, Generator Powered T .e B each 20 $ $ 27 Arrow Boards, Generator Powered T se C each 20 $ $ 28 Messa•e Boards each 50 $ $ Group 1 Total $ 36 Bidders shall submit an offer on all line items listed included in Cost Proposal Form, Appendix E. If vendor fails to submit an offer on all items its overall offer for the group shall be rejected. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 37 APPENDIX F MAMI BEACH Insurance Requirements ITB No. 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 38 tia M I AM I 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. 39 ATTACHMENT C CONSULTANTS RESPONSE TO THE ( ITB) APPENDIX E 0. I A fv\ BEACH Cost Proposal Form ITB Na. 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 35 REVISED APPENDIX E PROPOSAL TENDER FORM Failure to submit Section 5,Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB,inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance,cost indexes or any other unless a cost escalation provision is allowed herein and has been exeroised_by_the_Cily_iVlanager_in_advance_The_ProposaLT_ender_EorrnAppendix_p_shalLbe-completed_mechanically or, if manually, in ink. Proposal Tender Forms (Appendix E) completed in pencil shall be deemed non- responsive.All corrections on the Proposal Tender Form (Appendix E)shall be initialed. GROUPA..TRAFFIC BARRICADES AND CROWD CONTROL BARRIERS ..... .-1';:,-.. • . ... ,,, Item Equipment Make/Model UOM Estimated Price per Quantity (QuanTotal tity x Unit day . Price per day) ,• 1 Barricades Type I each 250 $ 0.20 $ $0.- 2 Barricades Type II each 250 $ 0. 2.0 $ •.- 3 Barricades Type III 1 each 150 _$ O.if.5. $ . 1-.5-0. 4 Flasher Barricades Type I each 2000 $ O.20 $ 5 Flasher Barricades Type II each 2000 $ 0.2.0 $ Atm.— 6 Flasher Barricades Type III , each 1000 $ 0.444 $ 7 French Barricade 6 feet each 3500 $ .1 5Q $ 121250.— , 8 French Barricade 8 feet each 750 $ Zi,4(6, $ .3,is!T.-- 9 Set-up fee for 0-100 barricades _I Lot j_3 $ $-ea.— $ 11.45co 10 Set-up fee for 101-500 barricades I Lot 3 $ 24500.— $ 4-i sop.- 11 Set-up fee for 501-2500 barricades I Lot 4 $ IA SOO ."' $ 0 000.— , 12 Set-up fee for 2501+barricades Lot 4 $ j . $ .- 13 Traffic Cones—36 inch each 2000 $ 0/.7, $ 4 14 Set-up fee for 1-100 traffic cones Lot 2 $ ;45 — $ gegi 15 Set-up fee for 101-500 traffic cones Lot 2 $ LA(Z." $ 51000.- 16 Set-up fee for 501-2500 traffic cones 1 Lot 2 $ 54Coo." $ / . 000.-- 17 Set-up fee for 2501+traffic cones Lot 2 $ $ j5, — 18 Drumeach 250 $ 0.20 $ VA.-- _ 19 Set-up fee for 1-100 drums Lot 1 $ ii_50." $ 20 Set-up fee for 101-500 drums Lot 2 $ 25400." $ 21 Set-up fee for 501-2500 drums Lot 2 $ /0,e4to.'" $ 20,22 Set-up fee for 2500+drums Lot 1 2 $ 1 ' 0.— $ 23 Warning and Regulatory Signs each 250 _ $ 0,2 3 $ 51..5V. 24 High Intensity Lights Type B each 50 $ 0.25" $ /2, V0 t-, _ - - - ea sli 20 item removed item removed :- t t tt t 26 . ,.. .7.,-.• t., _:•-z...-t e e e. -t it= 7. oach 20 item removed item removed 27 Arrow Boards,Generator Powered Type C . each 20 $ 1..." $ i170. 28 Message Boards each 50 _$ ZS.— $ I 250.— , 60 Group'1 Total $ 221(622.,- Emergency response flat fee $ 350.- 4 I ADDENDUM NO.1 I ITB 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS . ____ Bidders shall submit an offer on all line items listed included in Cost Proposal Form,Appendix E. If vendor fails to submit an offer on all items its overall offer for the group shall be rejected, Bidder's Affirmation Company: " " A") CADS Authorized Representative: oe4 Address: 2300 5 IA.) '{I Ava. Pikt)OI-DALg MIT Telephone: 15-1.- 312- 1 e Email: b S7.5• eirtiA Authorized Representative's Signature: a • it11111,1.14."- -.00000 • 1 5 I ADDENDUM NO,1 I (TB 2017-01 e-Ax BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS APPENDIX "A" MIA/v1 BEACH Proposal Certification , Questionnaire & Requirements Affidavit ITB N o. 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 16 Solicitation No: Solicitation Title: 2017-016-AK _ Barricades and Traffic Control Equipment Rentals Procurement Contact: Tel: Email' Aneta Kamyczek (305)673-7000 x 6455 anetakamyczek@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: 41.-L- We gicJ '6 ©i. ES No of Years in Business t 1 y RS K . No of Years in BIsinneeskLopially No.of Employees: . 0 • OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS' ((]] �55 A FIRM PRIMARY ADDRESS(HEADQUARTERS): 236 I) 5i. 1 f t AlN.E CITY' '� t • l'UD6R AW 7 V W l /� STATE: f O V trA ZIP CODE' 3 5 1 1- TELEPHONE NO• `/V C1 5-14- 12-2_ S l o o TOLL FREE NO' /4 FAX NO 151-{ - 512- 642-g FIRM LOCAL ADDRESS: y3©O o9W am/ a!�/I G CITY • /Cr, i//1 UpNDA-l0 1 STATE: i'-*464-i Dtt ZIP CODE: 333 f PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: 0.15e N■ ' J CA(�, 1-Z .J ACCOUNT REP TELEPHONE NO` 1 _*312., „(O© 5.--4 ACCOUNT REP TOLL FREE NO:�fIA , n/� / �, ACCOUNT REP EMAIL' 1• KD( l T1 Gi Ar e 'R k /airo • W Ni FEDERAL TAX IDENTIFICATION NO. Fv jl.5/,0 62 S1/z►rq , V 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. 18 Veteran Owned Business.Is Proposer claimin ave ran owned business status? I 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:Nsu ppliemortai.drib.comtwebapplwcsistoreslserviettSupplierPortal?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 c sector agency? YES 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 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. 19 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("Code7)and submit that Code to the Procurement Division with its proposallresponse or within five(5)days upon receipt of request, The Code shall,at a minimum,require the Proposer,to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County, SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www,miamibeachfl.gov/proCUlernentl. O. �' .^ ,- ' '-�, ,' ..� ,� ��= '='--- =' ..-• , ' ^, =~'. ,= '=, , soliciteds with Domestic Partners. When awarding competitively= Equal Benefits for Employees with Spouses and Emp ^ 51mmu�bNtheirpayrolls�mng20ormom um�x�va�ed�ove ��N�mm»nosacunu�oo�ma/��ntime�mpm/�== calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beoch,who are awarded a contract pursuant to competitive proposals,to provide*Equal Benefits"'to their employees with domestic partners, as they provide to employeesxith spouses. The Ordinance appliesto 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 Smtes, but outside of the City of Miami Beach |imbs, who are directly performing work on the contract within the City of Miami Beach. A, Does your company provide or offer ac sstoaoybenoOts to employees with spouses or to spouses of employees? YES NO BDoes your company provide or offer access to any benefits to employees with(same or oppositsex)domestic partners*or to domestic partners cdemployees?r__�� ^ ( r | YES NO C. Please check all benefits that apply to your answm 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 directiy to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees witProvide Benefit S Domestic � Health ~' Sick Leav ~ e � �" Family Medical Leave Bereavement Leave sr V 20 If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance 10. 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.miamibeachffigov/Prccurementi. PublicE��n 287.133(2)(a),F�d Statutes, �m��o person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 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 b|eok||ahng,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.Mississippi. Pursuant to 2018-20375 the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Misais�ppiaeweUux`the pumhaneofg�dsursemi�sonomNorth edinCom|inaondM)on�mippipnopmeroho||ogmo�otno travelshall 'mmuronba|foftheCity 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 201 6-29375. 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, PublicPumhuae.00m. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitaon.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation.Faiiure to obtain and acknowledge receipt of ail addendum may result in proposal disqualification. Initial to Confirni Initial to Confirm Initial to Corrfirrn Receipt Receipt Addendum1 Addendum Addendum 11 y"~~^ Addendum 7 Addendum 12 Addnndom2 e um Addendum 3 Addendum 8 Addendum 13 Addendum 4Addendum8 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. , , 21 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City")for the recipients 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 recipients 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 ail 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. 22 PROPOSER CERTIFICATION I hereby certify that, I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation,and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;all responses,data and information contained in this proposal, inclusive of the Proposal Certification.Questionnaire and Requirements Affidavit are true and accurate. Name of Proposers Authatized Representative Title of Proposer's Authorized Representative' Fula *41c '6Date �c�• Signature of Proposers Authori.-a•- rese 2-\ k '1,-0 11- 'il It 1 AIIIIIIIP‘ ...........)0000110 State of FLORIDA ) On this I day of -- •• ,20 *personally appeared before me ...1111 1/14K4S County of CLU a1'd stated that (s)he is the tr 51 Ct€ni of,4 Arne II_a 0 gi 10111,a: ion, 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: aii No�'t'.►i�.-m„i-%0 a•, zte of Alf , - _ S My Commi .,: .•• - , 1112 r .'h ,r,, EXPIRES September 4,2017 ,.1071 98e-0i 53 FroridallotaryServke.cam 23 tut IN * February 1, 2017 City of Miami Beach All American Barricades will adopt, as requested in the ordinance, the City of Miami Beach Code of Ethics. COMPANY OWNERSHIP: Ruben Santos—Owner/President yNoniqueGanboe—OwnenVioePnemident COMPANY INFO: Duns& Bradstreet number#17-798-1305 Established 1998 PRIMARY POINTS OF CONTACT: Ruben Santos—Owner/President 305-685-6124 offc/786-236-4901 cell Ariel Garces—Project Manager 305-685-6124 offc/954-512-8900 cell Alicia Gancam—General Manager 3O5'G85-G124offo/S54-512-8337cell HEADQUARTERS ADDRESS: 23OOSVV41Avenue Ft. Lauderdale, FL33317 (305)685-6124 Office (754)312-5928 Fax vmmwv.barr|modes.00m References: 1) Cof Miami Beach — Memorial Urban Weekend / oet-up and take down of French Barricades and complete traffic control CpLPaul Acosta 788-714-87OO/pauiaooabamiamibeauhfl.00v SpgLTony Gil 7WG-41Q-G14O/tonvoUmiamibeoohR.qov 2) City of Miami — MLK Parade/ set-up and take down of French Barricades and complete traffic control vonCaro| Kinchenm3O5-3GO-511G/vkinchenam|amiqov.com All American Barricades 2300 SN41Ave Ft.Lauderdale,FL 33317 3O5-O85-0124fax:754-3i2-5928 www.barrimdes.com 3) Miami Dade County — MLK Parade / set-up and take down of French Barricades and complete traffic control Ed Hanna 786-298-6925 4) Univision — 3 Kings Parade t set-up and take down of French Barricades and complete traffic control Nick Mestre 305-245-0043 I Nmestre( univisionradio.com 5) Kiwanis — Calle 8 / set-up and take down of French Barricades and complete traffic control Adrian 786-412-1133/lsanchez4carnavalmiami.com 6) Life Time—The Healthy Way of Life Company'" Media& Events- Miami Marathon /set- up and take down of lane closures,coning, and complete traffic control Marielena Lopez, 786-701-7015/MLopez(cr�.lifetimefitness.com All American Barricades 2300 SW 41 Ave Ft.Lauderdale,FL 33317 305-685-6124 fax 754-312-5928 www.barricades.com RESOLUTION NO. 2000-23879 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A CONTRACT WITH THE CITY OF MIAMI BEACH WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a Model Code of Business Ethics(the"Model Code"); and WHEREAS,the City of Miami Beach is a member of the GMCC;and WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community;and WHEREAS, the GMCC encourages its members to adopt the principles and practices outlined in the Model Code;and WHEREAS, the Commission believes that each entity which does business with the City of Miami Beach should be required, as a condition of doing business with the County to adopt a Code of Business.Ethics.. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA: Section 1. Each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the City Manager or his or her designee prior to execution of any contract between the contractor and the City. The Code of Business shall, at a minimum, require the contractor to comply with all applicable governmental rules and regulations including, among others, the conflict of interest,lobbying and ethics provisions of the City Code. Section 2. The Commission urges the Greater Miami Chamber of Commerce to require that all of its members adopt the Model Code of Business Ethics. Section 3. This resolution shall become effective immediately upon its adoption. PASSED and ADOPTED this 12th day of April 2000 ATTEST: 11 YOR )( Vic,& CITY CLERK APPROVED�At3,wTO FC RM&LANGUACr &FOR EXEGUTIO 41( ." =.-V2) a � GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Commerce ('GMCC") seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated Into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations'business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on rasped for the importance of ethical business standards in the community, i he GMCC believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. Compliance with Government Rules &Regulations • . We will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; • In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; • We will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment, Selection & Compensation of Vendors and Suppliers • We will avoid conflicts of interest and disclose such conflicts when identified; • Gifts which compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such a kickback. Business Accounting • All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions or secret accounts. Promotion and Sales of Products and Services • Our products will comply with all applicable safety and quality standards; • We will promote and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competitors; Ooinq Business with the Government • We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety, Efforts to curry political favoritism are unacceptable; • Our bids will be competitive, appropriate to the bid documents and arrived at independently; • Any challenges to contracts awarded will have a substantive basis and not be pursued merely because we are the unsuccessful bidder; • We will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by aft contracting and subcontracting regulations, • We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. • We will not seek or expect preferential treatment on bids based on our participation in political campaigns. Public Life and Political Campaigns • We encourage all employees to participate in community life, public service and the political process; • We encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues; • Our contributions to political parties, committees or individuals will only be made in accordance with applicable law and wi€l comply with alt requirements for public • disclosure. All contributions made on behalf of the business must be reported to senior company management; • We will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. • We will not knowingly disseminate false campaign information or support those who do. AIG frOteij 40 13 Mkc M 541.11) Company Name Corporate Officer Date 1 k . . 00 APR-6 Fa 3 19 CITY OF MIAMI BEACH OFFICE OF THE MAYOR&COMMISSION MEMORANDUM TO: LAWERENCE LEVY CITY MANAGER FROM: JOSE SMITH s COMMISSIONER • DATE: APRIL 4,2000 RE: RESOLUTION REQUIRING THAT CONTRACTORS ADOPT A CODE OF BUSINESS ETHICS BEFORE ENTERING INTO A CONTRACT WITH THE CITY OF MIAMI BEACH Please place the attached resolution on the agenda at the next meeting of the Mayor and City Commission on April 12,2000. JS/jm Agenda Item Date APPENDIX C f-P__:= MIAMI BEACH Minimum Requirements & Specifications ITB No. 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 26 C1.Statement of Work. 1. The purpose of this solicitation is to establish a contract for various types of barricades and traffic controls equipment rentals for special City's events. Such items will be delivered to and/or removed from any location in City of Miami Beach. 2. All cost for the described services shall be stated in the bid proposal. 3. All bidders shall provide quote prices based on F.O.B.destination,freight prepaid. 4. All products shall be in accordance the Manual on Uniform Control Devices for streets and Highways, U.S. Department of Transportation, Federal Highway administration, ANSI D1-1971, and the State of Florida Department of Transpiration's Manual on Uniform Traffic Control Devises for Streets and Highways including the latest revisions of these documents. 5. Bidder shall respond and have equipment on-site and set-up at location specified 24 hours after the date that the City department orders the items. In case of emergency, the bidder shall be capable of responding and having equipment on-site and set up within two(2)hours after notification by the City. 6. Where units delivered are other than what was ordered or where units do not conform to specifications, including flashers that do not flash or other defective equipment, the delivery requirements shall not be considered as met. 7. Bidder shall replace any unit found to be damage or inoperable at no additional cost to the City, with delivery and pick-up time for the replacements meeting the above time requirements. 8. Bidder shall quote a fixed hourly rate for set up and removal of barricades and traffic controls equipment. The City will notify the Bidder that the rental items are no longer required and ready to be picked-up. Bidder shall pick-up items within twenty-four hours for the City's request for pick-up.The City will not be responsible for additional rentals charge due to the bidder's failure to pick-up the items upon City's notifications. C2.Specifications I.Traffic Barricades and Crowd Control Barriers Barricade is a portable or fixed device having from one to three rails with appropriate markings. It is used to control traffic by closing, restricting, or delineating all or a portion of the right-of-way. Stripes on barricade rails shall be alternating orange and white retroreflective stripes (sloping downward at an angle of 45 degrees in the direction traffic is to pass). The stripes shall be six inches wide, except where rail lengths are less than 36 inches,when 4-inch-wide stripes may be used. Barricades shall be of three types:Type I,Type II,or Type III. Type I or Type II barricades are intended for use in situations where traffic is maintained through the temporary traffic control zone.They may be used singly or in groups to mark a specific condition,or they may be used in a series for channelizing traffic. Type III barricades used at a road closure may extend completely across a roadway or from curb to curb. 1. Type I Barricade-rail stripe widths shall be 6 inches,except that 4-inch wide stripes may be used if rail lengths are less than 36 inches. The sides of barricades facing traffic shall have retroreflective rail faces. The barricade is shown as one horizontal rectangular rail with a width shown as a dimension of 24 inches min., and a height shown as a dimension of 8 to 12 inches. The distance from the top of the panel (rail) to the ground surface is shown as a dimension of 36 inches MIN.The rail is shown covered with alternating white and orange diagonal stripes that run from top right to bottom left at a 45-degree angle.Warning lights(optional). 27 P* /46. I ''' i * 8 to 12 inches 38 1.--24 Inches--•I--1- inches MIN 1 TYPE 1 BARRICADE** 2. Type II Barricades- rail stripe widths shall be 6 inches, except that 4-inch wide stripes may be used if rail lengths are less than 36 inches. The sides of barricades facing traffic shall have retroreflective rail faces." The barricade is shown as composed of two horizontal rectangular rails parallel to each other and one directly above the other. Each rail is shown with a width shown as a dimension of 24 inches min., and a height shown as a dimension of 8 to 12 inches. The distance from the top of the upper panel (rail) to the ground surface is shown as a dimension of 36 inches min. The rail is shown covered with alternating white and orange diagonal stripes that run from top right to bottom left at a 45-degree angle.Warning lights(optional). •* Das I NM I *' , 8 to 12 ttictuts 3a t inches I' e., ",,' / i MIN r I j- 24 inoses-----# l.11 N TYPE 2 BARRICADE** 3. Type Ill Barricades - rail stripe widths shall be 6 inches, except that 4-inch wide stripes may be used if rail lengths are less than 36 inches. The sides of barricades facing traffic shall have retroreflective rail faces." The barricade is shown composed of three horizontal rectangular rails parallel to each other and one directly above the other. Each rail is shown with a width shown as a dimension of 4 ft. min. and a height shown as a dimension of 8 to 12 inches.The distance from the top of the topmost panel to the ground surface is shown as a dimension of 5 ft.min.The rail is shown covered with alternating white and orange diagonal stripes that run from top right to bottom left at a 45-degree angle.Warning lights(optional). �"`i* / las• ,1 ,1 ,,,,, _,...,,, 1 5 ttI - ,'.: , ".' 1 8 b 12 inches MIN. _ ST: , 'I 1. 4 ft 141N I TYPE 3 BARRICADE ** 4. French Barricades 28 Heavy duty steel 6 or 8 foot wide fence style barriers can interlock to create a continuous barrier that's excellent for crowd control in virtually any environment:concerts,festivals,sporting events,construction areas Specifications: • Material:Steel • Width:6 or 8 feet • Height:43 in. t � 11 II.Traffic Safety Cones 1. Traffic cones-Traffic cones 36 inch,with reflective collar. Red/orange or bright fluorescent orange molded PUS,minimum weight 8lbs. 2. Drums - Drums used for traffic warning or channeling shall be approximately 36" in height and a minimum of 18"in diameter.The marking on drums shall be horizontal, circumferential,orange and white reflector stripes four to eight inches wide, using a material that has a smooth, sealed outer surface that will display the same approximate size, shape and color day and night.There shall be at least two orange and two white stripes on each drum. If there are non-reflectorized spaces between the horizontal orange and white stripes,they shall be no more than two inches wide. .e� 29 IL Warning and Regulatory Signs,Massaging Board 1. Warning and Regulatory Signs (non-electrical)-Temporary Traffic Control ("UC")zone signs shall be a minimum of 48X48 inch; convey both general and specific messages by means of words or symbols and have the same three categories as all traffic signs: namely, regulatory signs, warning signs, and guide signs.Warning signs in temporary traffic control zones shall have a black legend on an orange background.Yellow warning signs within the traffic control zone which are still applicable may remain in place as per specifications contained in Part VI of the Manual on Uniform Traffic Control Devices(MUTCD).Sings shall include,but not be limited to the following: 1. Road Construction-500 feet 2. Road Construction- 1000 feet 3. Road Construction -1500 feet 4. Keep Left 5. Keep Right 6. Detour 7. Stop 8, Road Closed-Local Traffic Only 9. Left Lane Ends 10. Right Lane Ends 2. High Intensity Lights,Type 8-are single-sided high intensity lights featuring 9 high intensity super bright LEDs. • 3. Arrow Boards,Generator Powered-Arrow board is either Type A 24 by 48 inches with minimum of 13 lamps and a minimum legibility distance of 1/2 mile;Type B which is 30 by 60 inches or 36 by 72 inches, with a minimum of 13 up to 25 lamps and a minimum legibility distance of% mile; or Type C which is 48 by 96 inches with a minimum of 15 up to 25 lamps and a minimum legibility distance of 1 mile.Arrow board shall consist of flashing lights in the shape of a right or left arrow. Power is provided by means of a gasoline or diesel generator or a solar powered generator system with battery backup for the hours of darkness. The arrow board must be capable of continuous operation,24 hours per day. 30 111 4. Message Boards—portable changeable message signs shall be temporary traffic control devices with the flexibility to display a variety of messages, as specified in the FDOT Roadway and Traffic Design Standards Manual. Each message shall consist of either one or two phases. Typically, a phase shall consist of up to three lines of eight characters per line. The components of a Portable Changeable Message sign should include: a message sign panel,control systems,a power source, and mounting and transporting equipment, Portable Changeable Message signs shall be equipped with a power source and a battery back-up to provide continuous operation when failure of the primary power source occurs. The mounting of Portable Changeable Message signs shall be such that the bottom of the message sign panel shall be a minimum of 84 inches above the ground when in the raises position. I CO 31 Detail by Entity Name Page 1 of 2 DIVISION OF CORPORMTkONS Florida Department of State Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name Florida Profit Corporation ALL AMERICAN BARRICADES,CORP. Filing Information Document Number P98000032464 FEI/EIN Number 65-0827246 Date Filed 04/08/1998 State FL Status ACTIVE Principal Address 2300 SW 41st Avenue Fort Lauderdale, FL 33317 Changed:02/11/2016 Mailing Address 2300 SW 41st Avenue Fort Lauderdale, FL 33317 Changed: 02/11/2016 Registered Agent Name&Address SANTOS, RUBEN G 2300 SW 41st Avenue Fort Lauderdale, FL 33317 Address Changed:02/11/2016 Officer/Director Detail Name&Address Title VPD SANTOS,MONIQUE 2300 SW 41st Avenue Fort Lauderdale, FL 33317 Title PD SANTOS, RUBEN G 2300 SW 41st Avenue Fort Lauderdale, FL 33317 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/28/2017 Detail by Entity Name Page 2 of 2 Annual Reports Report Year Filed Date 2014 04/24/2014 2015 01/22/2015 2016 02/11/2016 Document Images 02/11/2016--ANNUAL REPORT View image in PDF format 01/22/2015--ANNUAL REPORT View image in PDF format 04/24/2014--ANNUAL REPORT View image in PDF format 04/26/2013--ANNUAL REPORT View image in PDF format 05/01/2012--ANNUAL REPORT View image in PDF format 09/21/2011--ANNUAL REPORT View image in PDF format 03/03/2011--ANNUAL REPORT View image in PDF format 04/06/2010--ANNUAL REPORT View image in PDF format 05/06/2009--ANNUAL REPORT View image in PDF format 05/01/2008--ANNUAL REPORT View image in PDF format 05/03/2007--ANNUAL REPORT View image in PDF format 03/24/2006--ANNUAL REPORT View image in PDF format 05/09/2005--ANNUAL REPORT View image in PDF format 04/19/2004--ANNUAL REPORT View image in PDF format 05/05/2003--ANNUAL REPORT View image in PDF format 05/16/2002--ANNUAL REPORT View image in PDF format 05/10/2001--ANNUAL REPORT View image in PDF format 05/12/2000--ANNUAL REPORT View image in PDF format 03/04/1999--ANNUAL REPORT View image in PDF format 04/08/1998--Domestic Profit View image in PDF format Florida Department of State,Droision of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/28/2017 ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F CA- MIAMI BEACH Insurance Requirements ITB No. 2017-016-AK BARRICADES AND TRAFFIC CONTROL EQUIPMENT RENTALS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 38 MIAMI BEAC 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. 39 ACORO DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 3/14/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Wilson,Washburn& Forster Insurance PHONE 305-666-6636 FAX 305-662-7778 16505 NW 13th Ave (A/C.Nn Fxt)• (A/C.No): Miami FL 33169 ADDftELSS:certificates@wwfins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Tokio Marine Specialty Ins Co 23850 INSURED ALLAMO3 INSURER B:Travelers Cas Ins Co of Americ 19046 All American Barricades, Corp. INSURER C:American Guarantee& 26247 4581 Weston Road,#334 INSURER D:Travelers Prop Cas Comp of Am 25674 Weston FL 33331 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:304608384 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER ,(MM/DD/YYYY) (MM/DD/YYYY) A x COMMERCIAL GENERAL LIABILITY Y PPK1547097 9/6/2016 9/6/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $/a PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y 810 4H563151 9/6/2016 9/6/2017 COMBINED SINGLE LIMIT $1 000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ AUTOS NED SCHEDULED BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) C X UMBRELLA LIAB X OCCUR BE062601550 9/6/2016 9/6/2017 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE _ $1,000,000 _ DED X RETENTION$10,000 $ D WORKERS COMPENSATION UB 9H195387 11/30/2016 11/30/2017 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional insured status applies for the City of Miami Beach per the attached endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN C/o Insurance Tracking Services, Inc.(ITS) ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 20270 Long Beach CA 90801 AUTHORIZED EPRESENTATIVE Aid ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1. "Bodily injury", "property damage" or "personal added as an additional insured on your policy. and advertising injury" arising out of the Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or injury", "property damage" or "personal and surveying services, including: advertising injury"caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions;or prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and behalf; specifications;or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other wrongdoing 1. Only applies to the extent permitted by law; and in the supervision, hiring, employment, training or 2. Will not be broader than that which you are monitoring of others by that insured, if the required by the contract or agreement to "occurrence" which caused the "bodily injury" or provide for such additional insured. "property damage", or the offense which caused the "personal and advertising injury", involved the A person's or organization's status as an rendering of or the failure to render any additional insured under this endorsement ends professional architectural, engineering or when your operations for that additional insured surveying services. are completed. CG 20330413 © Insurance Services Office, Inc., 2012 Page 1 of 2 2. 'Bodily injury" or "property damage" occurring C. Wth respect to the insurance afforded to these after: additional insureds, the following is added to a. All work, including materials, parts or Section 111—Lints Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed;or b. That portion of 'your work"out of which the 2. Available under the applicable Limits of Insurance shown in the Declarations; injury or damage arises has been put to its intended use by any person or organization whichever is less. other than another contractor or This endorsement shall not increase the subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 0413 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph Al.,Who Is "property damage" occurs and that is in effect An Insured, of SECTION II — LIABILITY COV- during the policy period,to be named as an addi- ERAGE: tional insured is an "insured" for Liability Cover- Any organization you newly acquire or form dur- age, but only for damages to which this insurance applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. II Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or— ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II—LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name,with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 06 09 ©2009 The Travelers Companies,Inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., United States of America applies to and pro- Other Insurance, of SECTION IV — BUSI- hibits the transaction of business with or NESS AUTO CONDITIONS: within such country or jurisdiction, for Liability b. For Hired Auto Physical Damage Cover- Coverage for any covered "auto" that you age, the following are deemed to be coy- lease, hire, rent or borrow without a driver for ered"autos"you own: a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from (1) Any covered "auto" you lease, hire, any of your"employees", partners (if you are rent or borrow; and a partnership), members (if you are a limited (2) Any covered "auto" hired or rented by liability company)or members of their house- your "employee" under a contract in holds. that individual "employee's" name, (1) With respect to any claim made or "suit" with your permission, while perform- brought outside the United States of ing duties related to the conduct of America, the territories and possessions your business. of the United States of America, Puerto However, any"auto"that is leased, hired, Rico and Canada: rented or borrowed with a driver is not a covered "auto". (a) You must arrange to defend the "insured" against, and investigate D. EMPLOYEES AS INSURED or settle any such claim or "suit" The following is added to Paragraph A.1.,Who Is and keep us advised of all pro An Insured, of SECTION Il UABILITY COV- ceedings and actions. ERAGE: (b) Neither you nor any other in- Any"employee"of yours is an "insured" while us volved "insured" will make any ing a covered"auto"you don't own, hire or borrow settlement without our consent. in your business or your personal affairs. (c) We may, at our discretion, par- ticipate E. SUPPLEMENTARY PAYMENTS — INCREASED against, in defending the "insured" LIMITS agat, or in the settlement of, any claim or"suit". 1. The following replaces Paragraph A.2.a.(2), (d) We will reimburse the "insured": of SECTION II—UABILITY COVERAGE: (I) For sums that the "insured" (2) Up to $3,000 for cost of bail bonds (in- legally must pay as damages eluding bonds for related traffic law viola- because of "bodily injury" or tions) required because of an "accident" "property damage" to which we cover. We do not have to furnish this insurance applies, that these bonds. the "insured" pays with our 2. The following replaces Paragraph A.2.a.(4), consent, but only up to the of SECTION II—UABILITY COVERAGE: limit described in Paragraph (4) All reasonable expenses incurred by the C.,SECTIONLIIf — rance, of II — LIABILITY "insured" at our request, including actual COVERAGE; loss of earnings up to $500 a day be- cause of time off from work. (ii) For the reasonable expenses F. HIRED AUTO — UMITED WORLDWIDE COV- incurred with our consent for ERAGE—INDEMNITY BASIS your investigation of such claims and your defense of The following replaces Subparagraph e. in Para- the "insured" against any graph B.7., Policy Term, Coverage Territory, of such"suit", but only up to and SECTION IV—BUSINESS AUTO CONDITIONS: included within the limit de- e. Anywhere in the world, except any country or scribed in Paragraph C., Limit jurisdiction while any trade sanction, em- Of Insurance, of SECTION II bargo, or similar regulation imposed by the — LIABILITY COVERAGE, Page 2 of 4 ©2009 The Travelers Companies,Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO and not in addition to such I. PHYSICAL DAMAGE - TRANSPORTATION limit. Our duty to make such EXPENSES-INCREASED LIMIT payments ends when we The following replaces the first sentence in Para- have used up the applicable graph A.4.a.,Transportation Expenses,of SEC- limit of insurance in payments TION III-PHYSICAL DAMAGE COVERAGE: for damages, settlements or defense expenses. We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- (2) This insurance is excess over any valid curred by you because of the total theft of a cov- and collectible other insurance available ered"auto"of the private passenger type. to the "insured" whether primary, excessJ. PERSONAL EFFECTS contingent or on any other basis. (3) This insurance is not a substitute for re- The following is added to Paragraph A.4., Cover- quired or compulsory insurance in any age Extensions, of SECTION III - PHYSICAL country outside the United States, its ter- DAMAGE COVERAGE: ritories and possessions, Puerto Rico and Personal Effects Canada. We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such coun- (1) Owned by an"insured";and try up to the minimum limits required by (2) In or on your covered"auto". local law. Your failure to comply with compulsory insurance requirements will This coverage applies only in the event of a total not invalidate the coverage afforded by theft of your covered "auto". this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu- (4) It is understood that we are not an admit- sions, of SECTION III - PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can more airbags in a covered "auto"you own that in- ada. We assume no responsibility for the flate due to a cause other than a cause of "loss" furnishing of certificates of insurance, or set forth in Paragraphs A.1.b. and A.1.c., but for compliance in any way with the laws of other countries relating to insurance. only: a. If that "auto" is a covered "auto" for Compre- G. WAIVER OF DEDUCTIBLE-GLASS hensive Coverage under this policy; The following is added to Paragraph D., Deducti- b. The airbags are not covered under any war- ble, of SECTION III - PHYSICAL DAMAGE ranty; and COVERAGE: c. The airbags were not intentionally inflated. No deductible for a covered "auto" will apply to We will pay up to a maximum of $1,000 for any glass damage if the glass is repaired rather than one"loss". replaced. H. HIRED AUTO PHYSICAL DAMAGE-LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS USE-INCREASED LIMIT The following is added to Paragraph A.2.a., of The following replaces the last sentence of Para- SECTION IV-BUSINESS AUTO CONDITIONS: graph A.4.b., Loss Of Use Expenses, of SEC- TION III-PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- However, the most we will pay for any expenses plies only when the "accident" or "loss" is known for loss of use is $65 per day, to a maximum of to: $750 for any one "accident". (a) You(if you are an individual); CA T3 53 06 09 O 2009 The Travelers Companies,Inc. Page 3 of 4 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO (b) A partner(if you are a partnership); tent required of you by a written contract (c) A member (if you are a limited liability com- signed and executed prior to any "accident" pany); or"loss", provided that the "accident"or"loss" arises out of operations contemplated by (d) An executive officer, director or insurance such contract. The waiver applies only to the manager(if you are a corporation or other or- ganization); or person or organization designated in such contract. (e) Any "employee"authorized by you to give no- N. UNINTENTIONAL ERRORS OR OMISSIONS tice d the"accident'or"loss". The following is added to Paragraph B.2., Con- M. BLANKET WAIVER OF SUBROGATION cealment, Misrepresentation, Or Fraud, of The following replaces Paragraph A.5., Transfer SECTION IV—BUSINESS AUTO CONDITIONS: Of Rights Of Recovery Against Others To Us, The unintentional omission of, or unintentional of SECTION IV — BUSINESS AUTO CONDI- TIONS: error in, any information given by you shall not prejudice your rights under this insurance. How- 5. Transfer Of Rights Of Recovery Against ever this provision does not affect our right to col- Others To Us lect additional premium or exercise our right of We waive any right of recovery we may have cancellation or non-renewal. against any person or organization to the ex- Page 4 of 4 ©2009 The Travelers Companies,Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office,Inc.with its permission.