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Contract with Austin Tupler Trucking, Inc.
Ca MIAMIBEACH Gab / CITY OF MIAMI BEACH a /y/g CERTIFICATION OF CONTRACT TITLE: For Removal & Disposal of Construction Debris and Asphalt CONTRACT NO.: ITB 2018-018-ND EFFECTIVE DATE(S): This Contract shall remain in effect for a period of three (3) years from 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, through its City Manager, for two (2) additional (1) year terms. SUPERSEDES: ITB-03-12/13 CONTRACTOR(S): Austin Tupler Trucking, Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: $131,000.00 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida ("City"), on February 14, 2018, approving the award of this Contract, and upon execution thereof by the City and Austin Tupler Trucking, Inc., a Florida corporation (the"Contractor'). B. EFFECT - This Contract is entered into to provide for Removal & Disposal of Construction Debris and Asphalt pursuant to City Invitation to Bid No. ITB 2018-018-ND and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Department of Procurement Management policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2018-018-ND. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, George Corchado, Public Works Water at 305-673-7000 ext. 7625. 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 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 provisions of the Public Entity Crimes Act, Section 287.133, Florida Statutes, shall apply to this Contract, which statute provides, in pertinent part, 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: George Corchado City of Miami Beach Department of Public Works Water 1700 Convention Center Drive. 4`d Floor Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Austin Tupler Trucking, Inc. 6570 S.W. 47 Court Davie, Florida 33314 Attn: Glen Tupler Phone: 954-583-0801 or 305-949-4148 Fax: 954-583-0844 E-mail: tuplertruckingna.gmail.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. Page 4 Certification of Contract 3 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. 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. 4 Page 5 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract In be signed and attested on this 2__.& day of tihrtc4 , 201Y, by their respective duly authorized representatives. AUSTIN TUPLER TRUCKING, INC. CITY OF MIAMI BEACH ByBY P side Signature Mayor GI,rni 'PUI I,1, 2 Print Name ATTEST:TTATTEST: 7 Secretary/ : •nature Rafael E. G nado, City Clerk - r w . TElPI.ill If Print Name t Date 3/ // It; Date * APPAOVFU As; I FORM& I ANC! Ing ! Broil t:XI 1311 lr. . /..ty ulomov s ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Item Coversheet Page 1 of 2 to Competitive Bid Reports-02 D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales,City Manager DATE: February 14, 2018 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2018-018-ND FOR REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT, RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Managers recommendation pertaining to the bids received, pursuant to ITB 2018-018-ND for removal and disposal of construction debris and asphalt. ANALYSIS On January 16, 2013, the City Commission approved the award of a contract, pursuant to Invitation to Bid (ITB) No. 03-12/13 for Removal and Disposal of Construction Debris and Asphalt, to G7 Holdings, Inc. D/B/A Garbageman.com, as the primary vendor, and Austin Tupler Trucking, Inc., as the secondary vendor(the"Agreement).The Agreement with these firms is effective through March 4, 2018. In order to complete a successor agreement, on January 5, 2018, the City issued ITB No. 2018-018-ND for removal and disposal of construction debris and asphalt. The scope of work under this ITB consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the removal and disposal of construction debris and asphalt. Once picked up from the City, the contractor will deliver the materials to a third-party sorter that will sort the materials to separate any items that may be recycled, including metals, plastic, wood and paper products. Any asphalt included in the construction debris is also separated as it can be reused as stabilizer in road construction projects. ITB PROCESS ITB No.20184)18-ND was issued on January 5,2018,with bid opening date of January 26,2018 One addendum was issued.The Procurement Department issued bid notices to 284 companies utilizing www.publicpurchasecam website. 41 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of one (1) response from Austin Tupler Trucking, Inc. ("Austin Tupler). The pricing received from Austin Tupler is included in Attachment A. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. In its due diligence, the Procurement Department verified that Austin has met the requirements of the ITB, including the requirement that the bidder hold a current Miami-Dade County General Hauler Permit. Austin holds a current Miami-Dade County General Hauler Permit. Accordingly, Austin has been deemed responsive and responsible to the ITB requirements. According to the information contained in its bid, Austin Tupler has over 62 years of experience as a buyer and seller of road building and construction aggregates, including Florida Department of Transportation products. as well as providing hauling and disposal services of construction debris,hurricane debris,broken up asphalt and broken up concrete. Once materials are picked up from the City. Austin Tupler will deliver the materials to a third-party sorter that will sort the materials to separate any items that may be recycled, including metals, plastic, wood and paper products. Any asphalt included in the construction debris is also separated as it can be reused as stabilizer in road construction projects. Austin Tupler has provided these services to the City since 2013 and staff has been satisfied with the services provided. CONCLUSION After considering staffs recommendation and the bid received, pursuant to ITB 2018-018-ND, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Austin Tupler Trucking. Inc.;and,further. authorize the Mayor and City Clerk to execute the contract. FINANCIAL INFORMATION Grant funding will not be utilized for this project. Amount 1 $20,000 Account 1 011-0840-000343-29-403-521-00-00-00 https://miamibeach.novusagenda.com/AgendaWeb/CoverSheet.aspCTtemJD 6612 2/8/2018 Item Coversheet Page 2 of 2 Amount 2 551 000 Account 2 425.0410.000342-29-413-513-00-00-00 Amount 3 $50,000 Account 3 425-0420-000342-29-413-513-00-00-00 Amount 4 $10,000 Account 4 427-0427-000342-29-413-517-00-00-00 Total $131,000 Legislative Tracking Public Works/Procurement ATTACHMENTS: Description o Attachment A-Tabclation https://miamibeach.novusagenda.com/AgcndaWeb/CoverSheet.aspx?ltemTD-6612 2/R/2018 ATTACHMENT A Austin Tupler Trucking, Inc. Total (Quantity_% Unit_ Item Description Estimated Annual Quantity U/M Unit Cost Cost) 1 Removal of Construction Debris 15,00 TN $41.50 $622,500.00 2 Removal of Asphalt 3,000 TN $9.50 $28,500.00 TOTAL $651,000.00 ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS MIAMI BEACH Procurement Department, 1755 Meridian Avenue, 3' Floor, Miami Beach, Fondal33139, wwv.mamibeechll,gov, 305-673-7490 ADDENDUM NO. 1 INVITATION TO BID NO. 2018-018-ND REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT January 19, 2018 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). 1. RESPONSES TO QUESTIONS RECEIVED. 01: Is there an estimated budget for this? Al: There is no budget, as services are requested on an as needed basis. Currently, expenditures are averaging $109,200 over the last three years. Q2: Can roll offs be used and if so, will the franchise fee be waived? A2: No, roll offs cannot be used. Q3: What is the current rate? A3: The current rate for removal of construction and debris is $29.50/Ton. The current rate for removal of asphalt is $7.00/Ton. 04: Who is the current service provider? • A4: G7 Holdings, Inc. D/B/A Garbageman.com Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado( ,miam i beachfl.pov. Procurement Contact: Telephone: Email: Natalia Delgado 305-673-7000, ext. 6263 nataliadelgado@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. li Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. Sin -ly, OA -x D•-' P ocurement Director 1IADDENDUM NO.1 INVITATION TO BID NO.2018-018-ND REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT BEACH INVITATION TO BID ( ITB ) REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT 2018-018-ND BID ISSUANCE DATE: JANUARY 5, 2018 BID DUE: JANUARY 26, 2018 @ 3:00 PM ISSUED BY: l�/.. ��� 1 BE Aad [-I NATALIA DELGADO, PROCUREMENT CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3`° Floor, Miami Beach, FL 33139 305.673.7000 x62631 nataliadelgado@miamibeachFl.gov I www.miamibeach0.gov BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 15 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID" FORM APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E COST PROPOSAL FORM APPENDIX F INSURANCE REQUIREMENTS ITB 2018-018-ND 2 - '.' BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid') to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Bidders(s) (the"contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.oublicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. For approximately five years, the City has contracted with a third-party to remove and dispose of construction debris and asphalt which consists of materials accumulated from pipe line construction, sidewalk construction, street repairs and street light projects. The current contract for these services expires on March 4,2018. In order to consider a replacement contract, the City is seeking proposals from a qualified firm(s) for removal and disposal of construction debris and asphalt on as"as needed"basis as specified herein. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: ITB Issued January 5, 2018 Pre-Bid Meeting January 11, 2018 @ 2:00 p.m. (EST) Deadline for Receipt of Questions January 16, 2018 Responses Due January 26, 2018 @ 3:00 p.m. (EST) 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. Natalia Del ado 305-673-7000 x6263 nataliadel.ado. miamibeachfl..ov 'dditionally, the City Clerk is to be copied on all communications via e-mail at RafaelGranado'tmiamibeachfl..ov: or via fats mile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. ITS 2018-018-ND 3 BEACH 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room 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.comiindex.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: htto://web.m i arri beachfl.covforocu rem ent/scroll.asox2 id=79113 . CONE OF SILENCE CITY CODE SECTION 2-486 PROTEST PROCEDURES CITY CODE SECTION 2-371 DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 ITB 2018-018-ND 4 '.' BEACH • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress,performance,furnishing of the Work, or award. • Study and carefully correlate Bidders observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 12. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 13. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall ITB 2018-018-ND 5 BEACH exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s)and. may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character, integrity, reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 14. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary, or higher), as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder (primary), followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive, responsible bidders in order of next best cost. 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 pad of the bidder,which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1)Addendum in reverse order of release;2)Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 16. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 17. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 18. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Procurement Department prior to award of the Bid by the Mayor and City Commission. 19. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that ITB 2018-018-ND 6 BEACH meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 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. NON-DISCRIMINATION.The bidder certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 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. ITB 2018-018-ND 7 L1 BEACH 28. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7)calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s)from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in Appendix A, No. 14 Acknowledgement of Addendum. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department, 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 with a copy to the City Clerk. 29. COLLUSION. Where two (2)or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties"means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one(1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 30. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded.Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M.to 4:00 P.M. 33. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted. ITB 2018-018-ND 6 BEACH 34. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 35. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services (as the case may be)to be furnished hereunder, the decision of the City shall be final and binding on all parties. 36. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid,with the latest Addendum taking precedence; then C. The Bid;then D. The bidder's bid in response to the Bid. 37. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 38. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with ITB 2018-018-ND 9 '.- BEACH 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. 39. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 40. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during,and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force rnajeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority"under the emergency conditions noted above. 41. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 42. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 43. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 44. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the ITB 2018-018-ND 10 - ',' BEACH public agency in a format that is compatible with the information technology systems of the public agency. 45. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 46. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 47. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 48. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller,and return the product, at the bidder's expense. 49. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 50. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws,ordinances, andlor rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 51. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the hill duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 52. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and ITB 2018-018-ND 11 BEACH all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 53. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 54. MODIFICATIONMIITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 55. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 56. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 57. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 58. PATENTS &ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 59. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications,free of damage or defect, and properly invoiced. 60. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment ITB 2018-018-ND 12 • BEACH terms in the space provided on the Bid submittal signature page of the solicitation. Award. if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 61. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5)calendar days upon request from Purchasing Agent. 62. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 63. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Department, 1755 Meridian Avenue 3rd Floor, Miami Beach, FL 33139. 64. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 65.SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other govemmental contract,or on an as-needed basis through the City's spot market purchase provisions. 66. SUBSTITUTIONS.After award of contract, the City WILL NOT accept substitute shipments of any kind,without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 67.TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 68. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued lie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion,which will make a recommendation for award to the City Commission. 69. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination,which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a ITB 2018-018-ND 13 BEACH consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 70. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to eam on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 71. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s)offered and fumished. 72. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases,the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. ITB 2018-018--ND 14 BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive.All corrections on the Cost Proposal Form shall be initialed. FAILURE TO SUBMIT THE MOST RECENT COST PROPOSAL FORM (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) MAY RESULT IN BID BEING DEEMED NO RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 2• Bid Certification, Questionnaire and Affidavits(Appendix A). • TAB 3—Documentation indicating compliance with Minimum Eligibility Requirements. 3. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2018-018-ND 15 APPENDIX A AA AM Di-v- \ ( Proposal Certification , Questionnaire & Requirements Affidavit ITB 2018-018-ND Removal and Disposal of Construction Debris and Asphalt PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-018-ND 16 SotOUtion No'. Tee. 2018-018-ND Removal and Disposal of Construction Debris and Asphalt _ Procurement Contact --I Tel: - - -- NataliaDelgado 305-673-7000x6263 nataliadelgado_©miamibeachIL ov 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 he 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 NNJE: - Austin Tupler Trucking , Inc . NO OF YEARS IN BUSINESS: 65 NO OF YEARS IN BUSINESS LOCALLY: - 65 OTHER NAMEISI PROPOSER HAS OPERATED UNDER IN THE LAST IO YEARS. FIRM PRIMARY ADDRESS(HEADQUARTERS]: 6370 S .W. 47th Court cam Davie STATE: FL ZIPG00E . 33314 TELEPHONE NO.: --- , (954) 583-0801 (305) 949-4148 TOLL FREE NO. - - --- - - FAX NO: (954) 583-0844 FIRM LOCAL ADDRESS: 6570 S .W. 47th Court - • CITY: Davie STATE. FL OPCOCE. 33314 PRIMARY ACCOUNT REPRESENTAOVE FOR THIS ENGAGEMENT. -"--- —'-'- - ' ACCOUNT REP TELEPHONE NO.: Glen Tupler I (954) 583-0801 (305) 949-4148 ACCOUNT REP TOLL FREE NO.: - --- - ACCOUNT REP EMAIL: ---- tuplertrucking@gmail .com FEDERA:TAX IDENTIFICATION NO.. --- 59-1426412 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 arty information the City deems necessary to evaluate the capacity of The Proposer to perform in accordance with contract requirements. ITB 2018-018-ND 7 1. Veteran Owned Business.Is ProPoser claiming a ve ran owned business status? L_J YES R7 J 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 Supphs Qualification Report(SCR)directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun 8 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: httpsalsupplierportaldnh.contrebapphvcs/stores/servlenupplierPortal?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 8 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 he City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest at ten(10%) percent or mare 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,siblirg,and child)wio 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 mare in the Prosser entity or any of its affiliates. 4. References&Past Performance.Proposer shall submit at least three(3)references for whom the Propose-has completed work similar in size and nature as the work referenced in salicitatior. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 21 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 hd a contract cancelled due to non-performance by an lie lic sector agency? L ] 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 Citys Campaign Finance Reform laws, as codified in Sections 2487 through 2-490 of the City Code. Proposers shall be solely responsible far ensuring that all applicable provisions of the City's Campaign Finance Reform laws are comped with,and shall be subject to any and all sanctions. as prescribed therein,including disqualification of their Proposals,in the event of such noncompliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities(including your sub-consultants)with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code cf Business Ethics ("Code') and submit that Code to the Procurement Department 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 ITB 2018-018—ND 18 provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit finis Cede 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 w w.miamibeachfl gov/procurement!. 8. Seckow2-4 8-oftheG:ty nthy- eamendedthera-timateNme,severed . . . . . .. . . ... .. . . - . below;: ;— :•e: . .. : : . : .. ...: : .. .. . : • naless on Si J+aua kWh �S2,2SperAeur,or_a-4k4ng- ag^-rate.tae-less-haw4t?28 pckffeursvitlesethlwaldthsake benefits ..•.. ::-employees abat.ba-pe 4-a b•ic j w^g=r-n•• ••(r' le`v than-tl ro-per hetFwilh 4eeefi ' . . . :- l g gey(agLrg7ass Nan-574.4bpaFp&irwltheNEAaakACdie i—Effectaw-iantiany-1,-2g20-reneeradempleYaes-must-bepaide4ving-uaga-rate-o -n..Iesitin-$3178 per"aur.with healtrarebenef+ts-otak leas $"" go max thou!heath-care benefits usthey-the Calitheter-Prieekneek-fakalt UrbancGerthumers4CP-1-14}MiamWF DeparbnentefLaboes ®ureau-oftd e5- Nss-Netvit .: .. : ... .: .: . ... ....6ercenFla Tke Fdh`+naYalsa by •:w^Q^mto h an/par9cular..a• a#"^��.^ s:t,xeylA-rtethe-figuatiyawpd leimplemaw s dF1I5-SBtaw^^�immBdlatfN�aaR�"^'MdT'^Pmcr25-Pa1M2 •:• . . - y.• .: .- a:. : .:f :.. :'.. :.. ad-fineensaproviciedkathe /a-Main a' ge Or4ianse-asamended, 'N4 r eg-INagareguaement�s SUBMFIFALREQUIREMENT:Neaddileual•awbminaCIetequirad$yv:au-^r.._^_ h gthieaFidwit4osumenF-Prepeser agrees flo l inQ+xagewquaament, 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 tor 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 vath spouses. The ONinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractors 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 Mia.ni Beach. A. Does your company provide or offer amps to any benefits to employees with spouses or to spouses of employees? rvi 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 {� f ,� YES [ I NO C. Please check all benefits that apply to your answers above and Rst in the 'other section any additional benefits not already specified. Note'. some benefits are provided to employees because they have a spo se 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 I Spouses Domestic artners Health N. Sick Leave _ Family Medical Leave L Bereavement Leave /7 ITB 2018-018-ND 19 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 wMx miarribeachA.govbrocurerenYscrollesoxrid=791'3. 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 20'6-29375, 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. Fair Chance Requirement.Pursuant to Section 2-376 of the City Code,the City shall not enter into any contact resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices,and standards that are consistent with the Citys Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance'), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment: (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (in) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies. practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 14. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solidtation 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 solidtation.This Acknowledgement of Addendum section certifies that the Proposer has received all addenda released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. ITB 2018-018-ND 20 Jabal to Conll1 Initial to Confirm —initial to Confirm Recent _ Recent Recent 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. The remainder of this page was left intentionally blank. ITS 2018-018—ND 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 solicita'ion, 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 parry 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 applicants afliates, 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. My 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.My 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 parries, 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. NI 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 Me 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. ITS 2018-018-ND 22 — PROPOSER CERTIFICATION I hereby certify that I, as an authorized agent of the Proposer, am submitting the following information as my firms 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 due and accurate. Name of Proposers Aumonzed ReoresaGtre: Title of Proposers Authorized Represetbve Glen Tupler President Signawre of P.....rs Aitaozed Representative: ---ba'e: 1/24/18 State of FL _ ) On this 24t :ray of Jan. ,2018,personally 8rovard appeared before me Gly Tuoler__who County of ) stated that (s)he is the President of Anstln lupler a corporation, and that the instrument was signed in behalf of the s U-Spo t-tdo by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before Notary Public for the of My Commission Expires: _ A^�X rotary Public stale of PM6 WOWS C Woh ev. sl MY ear:nimam l9243495 S '��rr a Exp W13 /2119 vv. ITB 2018-018-ND 2 23 APPENDIX B / v \ /\/ \ D I Yv' " No Bid " Form ITB 2018-018-ND Removal and Disposal of Construction Debris and Asphalt PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: tt 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. ITB 2018-018-ND 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 ATTN: Natalia Delgado, Procurement Contracting Officer I PROPOSAL#2018-018-ND 1755 MERIDIAN AVENUE, 3RD FLOOR MIAMI BEACH, FL 33139 ITB 2018-018-ND 25 APPENDIX C '\/ 1 A A/' BEACH Minimum Requirements & Specifications ITB 2018-018-ND Removal and Disposal of Construction Debris and Asphalt PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITS 2018-018-ND 26 Cl. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit, with its bid, the required submittal(s)documenting compliance with each minimum requirement. Proposers that fail to include the required submittals with its bid or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1. Bidder shall hold a current Miami-Dade County General Hauler Permit. Required Submittals: Copy of Miami-Dade County General Hauler Permit. C2. Statement of Work Required. The work specified in this bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary for the removal and disposal of construction debris and asphalt which consist of materials accumulated from pipe line construction, sidewalk repairs, street repairs, and street light projects. The bidder shall be available to provide this service between the hours of B:00 am to 3:00 pm Monday thru Saturday as needed and until all of the debris and/or asphalt are loaded. The successful bidder shall furnish all necessary dump trucks, drivers, fuel, maintenance, repairs, insurance, license tags, current inspection stickers, permits, dumping fees, mileage, supervisors, and all incidentals necessary for the legal operation of the removal and disposal of all construction debris and asphalt in accordance with the bid specifications. C3. Specifications. The debris consists of materials accumulated from pipe line construction, sidewalk repairs, street repairs, and street light projects. • The construction debris is sandy soil and concrete with small amounts of vegetation mixed together. If separation of materials is required, this is not permitted on City premises. • Asphalt is stockpiled separately. All materials, construction debris and asphalt, for removal and disposal are stockpiled at 451 Dade Boulevard, Miami Beach, Florida. Removal and disposal of debris and/or asphalt from other locations within the City limits may be requested. The City will load trucks utilizing a full size loader and provide warehouse personnel to verify capacities of trucks, and issue "Debris Removal Receipts" for the number of cubic yards hauled. The removal receipt will be a three part carbonless copy individually numbered in ascending order, The Contractor will be provided one (1) copy of the removal receipt and two (2) copies will be retained by the City. Invoices for materials hauled shall include disposal tickets, from an approved disposal facility legally allowed to accept said materials. Tickets should be numbered, include date hauled, tons per receipt, and total tons hauled. ITB 2018-018-ND 27 APPENDIX D /\/\ AM r-Ii Special Conditions ITB 2018-018-ND Removal and Disposal of Construction Debris and Asphalt PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-018-ND 28 1. TERM OF CONTRACT. This Contract shall remain in effect for a period of three (3) years from date of contract execution by the Mayor and City Clerk. 1.1 Providing the Contractor (s) will agree to maintain the same price, terms and conditions of the current contract, this contract may be renewed at the sole discretion of the City, through its City manager, for two (2) additional one (1) year terms, if mutually agreed upon by both parties. 1.2 In the event that the contract is held beyond the term herein provided it shall only be from a month-to month basis only and shall not constitute an implied renewal of the contract. Said month-to-month extension shall be upon the same terms of the contract and at the compensation and payment provided herein. 2. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT. If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contract term. The City is also interested in receiving bids that include flexible pricing terms that provide the City with maximum options and flexibility as regulatory and marketplace changes take place. 2.1 OPTION TO RENEW WITH PRICE ADJUSTMENT. The contract may be extended at the sole discretion of the City, through its City Manager, for two (2) additional one (1) year terms, if mutually agreed upon by both parties. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer Price Index CPI-U (all urban areas) computed 60 days prior to the anniversary date of the contract. It is the Contractor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the Contractor's request for adjustment should be submitted 60 days prior to expiration of the then current contract term. The Contractor's adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the Contractor, the City will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. The City of Miami Beach reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for bids, whichever is in the best interest of the City. 3. LIQUIDATED DAMAGES: Failure to complete work orders within the specified time may result in the successful bidder being assessed the additional cost incurred by the City (liquidated damages) for any and all costs associated with the service performed by a secondary vendor. ITB 2018-018-ND 29 4. QUANTITIES: The quantity or amount specified herein is estimated only and not a commitment or guarantee of the amount required by the City under this Bid. Vendor is not authorized to manufacture, produce, ship or perform unless it has received a release or request for a specific quantity pursuant to this bid by an authorized representative of the City. All invoices must be equal to or less than the cost specified in the contract. The City shall not be obligated or liable for any payments in excess of the amounts released or requested pursuant to this bid or for unit prices that exceed those stipulated in the contract. 5. FACILITY LOCATION: Public Works Yard located at 451 Dade Boulevard, Miami Beach, Florida. Removal and disposal of debris and/or asphalt from other locations within the City limits may be requested. ITB 2018-018-ND 30 APPENDIX E /A/A AMB ins Cost Proposal Form ITB 2018-018-ND Removal and Disposal of Construction Debris and Asphalt PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-018-ND 31 APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E.Cost Proposal 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 cost proposal form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E)shall be initialed. Estimated Annual Total Item Description Quantity, U I M Unit Cost iouantiry x umt Cost) 1 Removal of Construction Dehds 15,000 TN $ $ 2 Removal of As.halt 3000 TM $ $ TOTAL 'The estimated amounts stated herein are for calculation purposes only.Actual amounts may be greater or less than Me estimated amounts. Bidder's Affirmation Company: Authorized Representative: Address: Telephone'. Email: Authorized Representative's Signature: • ITB 2018-018-ND 32 APPENDIX F M A /V\ P. EACHas Insurance Requirements ITB 2018-018-ND Removal and Disposal of Construction Debris and Asphalt PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-018-ND 33 MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000.000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence -owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 _Fire Legal Liability $ .00 _Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITS 2018-018-ND 34 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) APPENDIX E Cost Proposal Form ITB 2018-018-ND Removal and Disposal of Construction Debris and Asphalt PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2018-018-ND 31 APPENDIX E COST PROPOSAL FORM Failure to submit Appendix E, Cast Proposal Form.in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal bein• deemed non-responsive and bein• re'ected. Bidder affirms that the prices stated on the cost proposal form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix E)shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form (Appendix E)shall be initialed. Estimated Annual Total Item Description . Quantity' U{M Unit Cost ocaney x_un_cwc 1 Removal of Construction Debris 15,000 E TN $41 . 0 $ • 00.00 2 Removal of As• .It 3000 TN $ 9. 50 $ 28,500.00 I TOTAL $651,000.00 IThe estimated amounts stated herein are for calculation purposes only.Actual amounts may be greater or less than the estimated amounts. • : 1 8tddei sAffirmabon Company Austin Tupler Truckine . Inc Authorized Representative: Glen T u p l e r Address: 6570 S .W. 47th Court Davi y FL 30114 Telephone: (954) 593-0801 (305) 949-4148 Email: tuplertruc _ on-_ _ Authorized Representative's Signatu i ITB 2018-018—ND 37 Austin Tupler Trucking, Inc.—References Re: Bid ITB#2018-018-ND—Removal and Disposal of Construction Debris and Asphalt Cliffs Trucking, Inc. Jerry Rogers, Sr. Estimator 3100 Fairlane Farms Road Wellington, FL 33414 (561) 793-0322 j e rry@ cl iffstrucki ng.co m Disposal of debris, broken up asphalt and unsuitable materials and providing fill and aggregate materials. American Engineering David Guerra,Vice President 11765 W.Okeechobee Road Hialeah Gardens, FL 33018 (305)825-9800 dguerra@aedcorp.com Disposal of debris and disposal of broken up asphalt for the last 20 years. Ryan, Inc. Oscar Villada,Sr.Estimator 1700 S. Powerline Road, Suite H Deerfield Beach, FL 33442 (954)427-5599 ovillada@ryanfl.com Disposal of construction debris and broken up asphalt and providing fill materials. DC Equipment Ricardo, Owner 3875 N.W. 132nd Street Opa Locka, FL 33054 (305) 681-942 DCequipmentco rp.@bellsouth.net Disposal of construction debris and broken up asphalt and providing fill materials. Austin Tupler Trucking, Inc. Re: Bid ITB#2018-018-ND—Removal and Disposal of Construction Debris and Asphalt I, Glen Tupler, President of Austin Tupler Trucking, Inc., do hereby affirm that Austin Tupler Trucking, Inc. hereby adopts the City of Miami Beach Code of Ethics and will comply with all applicable governmental rules and regulations thereto. GLEN TUPLE January 24, 2018 dun & bradstreet Supplier Qualifier Report To save report(s) to your PC, click hen for instructions. print Copyright 2018 Dun &Bradstreet- Provided under contract for the exclusive use of subscriber 100150009 ATTN: AUSTIN TUPLER TRUCKING INC Report Printed:JAN 12 2018 In Date AUSTIN TUPLER TRUCKING INC 6570 Sw 47th Ct Fort Lauderdale, FL 33314 This is a single location. 0-U-N-S® Number: 06-568-0324 Telephone: 954 583-0801 DSS Rating: 1R2 Fax: 954 583-0844 Number of employees: IR is 10 or more employees. Chief executive: AUSTIN W TUPLER, PRES Composite credit appraisal: 2 is good. Year started: 1956 D&B Supplier Risk: 1 Employs: 29 SUPPLIER EVALUATION RISK(SER) RATING FOR THIS FIRM: 1 History: CLEAR V Financing: SECURED 9 8 7 6 5 a 3 2 1 High Medium Low D&B PAYDEX: 80 When weighted by dollar amount,payments to suppliers avenge generally within terms. 100 120 flys Wow 0 days slow Prompt naoupar s Based on up to 24 months of trade. DAB Rating: 1R2 Number of employees: IR indicates 10 or more employees. Composite credit appraisal: 2 is good. The IR and 2R ratings categories reflect company size based on the total number of employees for the business.They are assigned to business files that do not contain a current financial statement. In 1R and 2R Ratings,the 2, 3, or 4 credit worthiness Indicator is based on analysis by D&B of public filings, trade payments,business age and other important factors. 2 is the highest Composite Credit Appraisal a company not supplying D&B with current financial information can receive. For more information, see the D&B Rating Key. Below is an overview of the company's rating history since 01/01/91: D&B Rating Date Applied 1R2 09/09/95 01/01/91 The Summary Analysis section reflects information in D&B's file as of January 8, 2018. SER COMMENTARY: - Business belongs to an industry with above average risk of ceasing operations or becoming inactive. - Variable Paydex over last 12 months. SUPPLIER EVALUATION RISK RATING: 1 The probability of ceased operations/becoming inactive indicates what percent of U.S. businesses is expected to cease operations or become inactive over next 12 months. Probability of Supplier Ceased 1.3% (130 PER 10,000) Operations/Becoming Inactive: Percentage of US business with same SER score 13% (1,300 PER 10,000) Average Probability of Supplier Ceased 0.48% (48 PER 10,000) Operations/Becoming Inactive: -Average of Businesses in D&B's Supplier Database CREDIT DELINQUENCY SCORE: 588 Historically Underutilized Business: N/A Minority-Owned Business: N/A Veteran-Owned Business: N/A Women-Owned Business: N/A Vietnam Veteran Business: N/A Disadvantaged Business Enterprise: N/A Disabled-Owned Business: N/A Small Disadvantaged Business: N/A Historical College Classification: N/A HUB-Zoned Certified Business: N/A YES SBA 8(a) Certified: N/A Labor surplus area: (2017) Small Business: YES (2017) 09/15/2017 HURRICANE IRMA 2017: This business is located in a FEMA designated disaster zone impacted by the effects of Hurricane Irma. It is reported that thousands of people and businesses have been displaced due to catastrophic flooding. The extent of impact to this business is currently unknown; additional information will be provided as it becomes available. If you have questions about this report, please call our Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. If you are outside the U.S.contact your local D&B office. ***Additional Decision Support Available *** Additional D&B products, monitoring services and spedalized investigations are available to help you evaluate this company or its industry. Call Dun &Bradstreet's Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. or visit our website at www.dnb.com. The following information was reported 08/19/2017: Officer(s): AUSTIN W TUPLER, PRES GLEN TUPLER,V PRES-SEC MARC TUPLER, V PRES DIRECTOR(S): THE OFFICER(S) The Florida Secretary of State's business registrations file showed that Austin Tupler Trucking Inc was registered as corporation on August 9, 1972. Business started 1956 by Austin W Tupler. 52%of capital stock is owned by Austin W Tupler. 48%of capital stock is owned by Glen and Marc Tupler. AUSTIN W TUPLER born 1930. 1982-present active here. GLEN TUPLER born 1957. 1982-present active here. MARC TUPLER born 1957. 1980-present active here. CORPORATE AND BUSINESS REGISTRATIONS REPORTED BY THE SECRETARY OF STATE OR OTHER OFFICIAL SOURCE AS OF DEC 22 2017: Registered Name: AUSTIN TUPLER TRUCKING, INC. Business type: DOMESTIC CORPORATION Corporation type: PROFIT Date incorporated: AUG 09 1972 State of Incorporation: FLORIDA Filing date: AUG 09 1972 Registration ID: 406557 Federal ID: 591426412 Status: ACTIVE Where tiled: STATE DEPARTMENT/CORPORATION DIVISION,TALLAHASSEE, FL Registered agent TUPLER,AUSTIN, 6570 S W 47TH Cr FT LAUDERDALE, FL, 333140000 Principals: TUPLER, AUSTIN W,VD, 6570 S.W. 47TH Cf., FT LAUDERDALE, FL TUPLER, GLEN D., PD, 6570 SW 47 CT,DAVIE, FL, 333140000 TUPLER, MARC A.,VD,6570 SW 47 CT, DAVIE, FL, 333140000 08/19/2017 Description: Provides local trucking (without storage), specializing in dump truck haulage(60%).Wholesales thick, stone and related materials, specializing in aggregate (40%). Terms are net 30 days.Sells to contractors, land clearing companies and the federal government. Territory : Local. Nonseasonal. Employees: 29 which includes officer(s). Facilities: Rents 2,000 sq. R. in one story concrete block Business rents facilities from the principal. 1 oration: Industrial section on side street. UNSPSC (United Nations Standard Product and Services Code) is a globally accepted commodity(Product and Services) classification system. AUSTIN It/IDLER TRUCKING INC offers the following product(s) and service(s): 11101500 Minerals 78100000 Mail and cargo transport Beginning in 1997, the Standard Industrial Classification (SIC) was replaced by the North American Industry Classification System (NAICS).This six digit code is a major revision that not only provides for newer industries, but also reorganizes the categories on a production/process-oriented basis.This new,uniform, industry-wide classification system has been designed as the index for statistical reporting of all economic activities of the U.S., Canada, and Mexico. 484220 Specialized Freight(except Used Goods) Trucking,Local 423320 Brick,Stone,and Related Construction Material Merchant Wholesalers Based on information in our file, D&B has assigned this company an extended B-digit SIC. D&B's use of 8-digit SICs enables us to be more specific to a company's operations than if we use the standard 4-digit code. 42129905 Dump truck haulage 50329901 Aggregate The D&B PAYDEX is a unique, dollar weighted indicator of payment performance based on up to 23 payment experiences as reported to D&B by trade references. 3-Month D&B PAYDEX: 80 D&B PAYDEX:8U When weighted by dollar amount, payments to When weighted by dollar amount, payments to suppliers avenge within terns. suppliers average generally within terns. a y lad a n 100 amm 120 Caps Haw 30 days Mow Prompt Antupates 120 days Low 30 days sow Prompt Antc,pates Based on trade collected over last 3 months. Based on up to 24 months of trade. When dollar amounts are not considered,then approximately 97%of the company's payments are within terms. The Payment Summary section reflects payment information in D&B's file as of the date of this report. Below Is an overview of the company's dollar-weighted payments, segmented by its suppliers' primary industries: Total Total Dollar Largest High Within Days Slow Rev'd Amts Credit Terms <31 31-60 61-90 90> (1') (S) (S) (%) (%) Top industries: Public finance 5 47,500 15,000 100 - - - - Electric services 2 3,000 2,500 100 - - - - Short-trot busn credit 2 1,750 1,000 100 - - - - Misc business credit 2 350 250 64 36 - - - Misc business service 1 2,500 2,500 100 - - - - Misc equipment rental 1 1,000 1,000 100 - - - - Telephone communictns 1 1,000 1,000 100 - - - - Radiotelephone commun 1 250 250 100 - - - - Whol industrial suppl 1 50 50 100 - - - - Lithographic printing 1 50 50 100 - - - - Other payment categories: Cash experiences 6 1,050 750 Payment record unknown 0 0 0 Unfavorable comments 0 0 0 Placed for collections: With D&B 0 0 Other o N/A Total in D&B's file 23 58,500 15,000 The highest Now Owes on file is $1,000 The highest Past Due on file is $0 D&B receives over 600 million payment experiences each year. We enter these new and updated experiences into D&B Reports as this information is received. Detailed payment history Date Reported Paying Record High Credit Now Owes Past Due Selling Terms Last Sale (tont/ri) (5) (Si (S) Within (months) 12/17 Ppt 1,000 1,000 0 1 mo Ppt 750 750 0 1 mo Ppt 250 250 0 1 mo Ppt 100 0 0 Lease Agreemnt 6-12 mos Ppt-Slow 30 250 100 0 Lease Agreemnt 1 mo 11/17 Ppt 2,500 0 0 6-12 mos Ppt 2,500 1,000 1 ma Ppt 1,000 1,000 0 1 ma Ppt 500 100 1 mo Ppt 50 0 0 N30 6-12 mos (011) 750 Cash account 1 mo 10/17 Ppt 50 I mo 07/17 (013) 50 Cash account 1 mo 04/17 (014) 100 Cash account I mo 05/16 Ppt 15,000 1 mo Ppt 15,000 1 mo Ppt 10,000 1 mo Ppt 5,000 1 mo Ppt 2,500 1 mo 04/16 Ppt 1,000 50 Lease Agreemnt 03/16 (021) 50 Cash account 1 mo (022) 50 Cash account 1 mo 02/16 (023) 50 Cash account 1 ma Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported. SUPPLIER VERSUS INDUSTRY PAYDEX -> PRIOR 4 QTRS CURRENT 12 MONTH TREND MAR JUN SEP DEC FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN Supplier 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 PAYDEX Industry PAYDEX(Based on 11 establishments in SIC 4212) UPQRT 80 80 80 80 80 80 80 BO MEDIAN 77 77 77 77 77 77 77 77 LO QRT 68 69 69 68 68 69 69 68 PAYDEX scores are updated daily and are based on upto 13 months of trade experiences from the Dun&Bradstreet trade file. All amounts displayed within this report are In local currency. 08/19/2017 Source contacted verified information on June 09 2014. The following Public Fling data is for information purposes only and is not the official record.Certified copies can only be obtained from the official source. Type: Continuation Sec.party: BANK OF AMERICA, N.A.,JACKSONVILLE, FL Debtor: AUSTIN TUPLER TRUCKING INC Fling number. 200705154503 Filed with: SECRETARY OF STATE/UCC DIVISION,TALLAHASSEE,FL Date filed: 03/28/2007 Latest Info Received: 04/06/2007 Original UCC filed date: 09/21/1992 Original filing no.: 920000192661 Type: Continuation Sec. party: BANK OF AMERICA, N.A.,JACKSONVILLE, FL Debtor. AUSTIN TUPLER TRUCKING INC Filing number. 201206474317 Filed with: SECRETARY OF STATE/UCC DIVISION,TALLAHASSEE, FL Date filed: 04/03/2012 Latest Info Received: 05/10/2012 Original UCC filed date: 09/21/1992 Original filing no.: 920000192661 Type: Continuation Sec. party: BANK OF AMERICA, N.A.,JACKSONVILLE, FL Debtor: AUSTIN TUPLER TRUCKING INC • Piling number: 201700733069 Filed with: SECRETARY OF STATE/UCC DIVISION,TALLAHASSEE, FL Date filed: 03/29/2017 Latest Info Received: 03/29/2017 Original UCC filed date: 09/21/1992 Original filing no.: 920000192661 Type: Continuation Sec party: COMMUNITY BANK OF BROWARD, HOLLYWOOD, FL Debtor. AUSTIN TUPLER TRUCKING, INC. Filing number: 201002031859 Filed with: SECRETARY OF STATE/UCC DIVISION,TALLAHASSEE, FL Date filed: 02/18/2010 Latest Info Received: 02/22/2010 Original UCC filed date: 06/15/2005 Original filing no.: 200509939374 Type: Continuation Sec. party: COMMUNITY BANK OF BROWARD, HOLLYWOOD, FL Debtor: AUSTIN TUPLER TRUCKING, INC. Filing number: 201402781049 Filed with: SECRETARY OF STATE/UCC DIVISION,TALLAHASSEE, FL Date filed: 12/18/20t4 Latest Info Received: 12/24/2014 Original UCC filed date: 06/15/2005 Original filing no.: 200509939374 The public record items contained in this report may have been paid,terminated, vacated or released prior to the date this report was printed. Activity summary Congressional District: 22 The details provided in the Government Activity section are as reported to Dun&Bradstreet by the federal government and other sources. Copyright 2018 Dun &Bradstreet- Provided under contract for the exclusive use of subsciber 100150009 1e ASo CERTIFICATE OF LIABILITY INSURANCE TEO `)L1/23/2018 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 CONSTTRRE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORWED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER IMPORTANT: If Nye certificate holder is an ADDITIONAL INSURED,the policy(les)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 ceder rights to the certificate holder in lieu of such endorsement(s). PRODUCER RASO: Jack Ebert South Atlantic Insurance oxo PAs 7451 Piles Road, Suite 103 %a t Fm. (954)755-8577 we.est(954)755-9556 ODRESS:C1DiT5 @ SATLAHTICINS.CCM INSURER(S)AFFO SO COVERAGE NAICI Coral Springs FL 33067 mown CATLIN SPECIALTY INS CO 15989 VENTED NsuRER it:ZURICH INSURANCE CQfANC 16535 AUSTIN TUPLER TRUCKING INC. INSURER GENERAL STAR ILIDEBNITY CO 37362 6570 SW 47TH COURT tameso:StarStone Specialty Insurance 44776 INSURER E: FT. LAUDERDALE FL 33314 IIL511RERF: COVERAGES CERTIFICATE NUMBER3>ASTER CERT 09/2017 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW FIAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VWTTI 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. on TYPE Of INSURANCE NV 1WD POLICY NUMBER Icy ppryyyn IMMIXXEYE0 UNITS GENERAL LARRY EACH OMURRENCE 3 1,000,000 X COMMERCIAL GENERAL UABIUiY LAVAGE TO xGM'LO ED XP(fn A CLAIMS-MADE n N OCCUR 0901500863 3/1/2017 /1/2019 MED IX >vnraS 105,000 °EXP mapsm�l S 5,000 — PERSONAL a ACV INJURY $ 1,000,000 GENERAL AGGREGATE s 2,000,000 GEM_AGGREGATE LNG APP�IIEI9 PER PRODUCTS•COMP/OP AGO s INCLUDED X POLICY' I ffM LCC . DEDUCTIBLE AUTONONLE LABILITY COMBINED SNC3E f 500 M�TrNJLPNAe uM s 1,000,000 B _ ANY AUTO BOOILY INJVR(IP.Pxvl) S ALL OWNED X SCHEDULED TRX9392835-04 9/16/2017 /16/2018 Ps ambient) S TOS AUTOS POpILY INIIMY HIRED AUTOS AUTOS PROPERTY DAMAGE S Per aa2nll X mon,nal HAssc s 10,000 UMBRELLA 4AB XI OCCUR EACHOCCURRENCE S 1,000,000 I C X EXCESS LIAR1 CLAIMS-MADE AGGREGATE S 1,000,000 CEO I RFTEMION5 1=423039 3/1/2017 /1/2019 5 WCRXERS COMPENSATION VIH THEY I NEMPLOYER LIABILITYWEYSWIT. OTR. AND ANY PROM ETCcpMNERURNE CfTFi PRYF OFRCS:MEMBER ESCLJOE0 n NIA EL EACH ACEmeNT 5 IlryIte In NM) EL DISEASE-EA EMPLOYEE f CF V'9Pngi OF OPERATIONS EL DISEASE•POLICELW S D POLLUTION LIABILITY 544848170AEN 1/29/2018 /29/2019 CEOUCneE$ts 1,000,000 AGGREGATE 2,000,000 DESCRIPTION OF OPERATIONS/LOLA11 ISI VEHICLES(Attach ACORO un.Aciathalai Rourke$1,4!M.it Man space p,e9,ied) SEE Vara=8 LIST ATTACHED SCOPE OF BUSINESS: HAULING SANS AND GRAVEL FOR HIRE RE: ITS #2018-018-ND REMOVAL L DISPOSAL OF CONSTRUCTION DEBRIS AHD ASPHALT CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF MIAMI BEACH ACCORDAwF WITH THE POUCY PRONSIONS. ADDITIONAL INSURED 1755 MERIDIAN AVENUE AUTON®IMFREswrATIME 3RD FLOOR MIAMI BEACH, FL 33139 e-----='--- --C-• Jack Ebert/WRENN - ACORD 25(2010/05) ®1988-2010 ACORD CORPORATION. All rights reserved. INSG2S nnimn M Th.Armen aa,.(sad mesa ase.temud mares et Amnon ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE pIMmDYYTr) 1/23/2018 TMS 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: N the cert to holder is an ADDITIONAL INSURED,the policyfiesl must be endorsed H SUBROGATION IS WAIVED,subject to Be lens and conditions of the poricy,cerin 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 Boon Ryan 8 Associates,Inc CONTACT Mark H Denman 6015 Durand Avenue Subs 300 ;Zee FAD.262-504-1Ra - AX corn-- ye>_.262-8863947 Raane 0153406 Run_ADDRE .mdenman@robertsonryan.com msulERlel ApVmNG COVERAGE Nam it wsUeERyTechnology Insurance Company 42376 INSURED HARBAME-01 IRSURERe: Harbor America Holdings Inc. LCF INSURER — - - - Austin7 UPler Trucking, Inc_ 2197 2197 E Wallis Drive - LRSIIRIX D_.. __-- Porter TX 77365 COVERAGES CERTIFICATE NUMBER:2098183039 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. NOTWThSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 00TH RESPECT TO NMICH 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 POUCIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ L1R1TYPEOF INSURANCE N51aPOLICYPOLICYPINUMBER A%IC(EFF IFdIILY Fly _ IMNOCNWYI IM1tlnG'YYYn LORE CORr011CLLLp GEAALIN9n u EACH OCCURRENCE IS I 30� _J cul GMAOE f I OCCUR LETDFLERMS-I t _-. -- CED ECp(Any an Wm) s PERSONAL&AW INJURY {I3 —.. LEN t AGGREGATE LIMIT APPLIES PER: aB F LN �� I$ r 1 POLICY{ 1£C �`I LOC I - 1111111------ - PRODUCTS-COwIGPACC o ER: 3 AuloMDaLE UAeU VV CLwum RAGAS LINT ANY AUTO BODILY HIURr(Pr PamI) 3 licuL4GYBIED ` SCHEDULED PSS —AUTOSBODILYRCOILYI '0AMAi myel 3 MIRED ALTOS AUTOS T TtYMY.ut 1 .LPwseep —. IS _ 3 VItaIEllA use __I OCCUR EALNMAVPRENCE_ EXCESS CWMSMMEI — DEn� T I AGGREGAr__ _ $ IrlEr=urlws r A WORKERS URINARY TA3614607 3/1/2017 3/1/2018 ,PIPER 10Tµ s Y/X 16>.A_ -_l ER ANY PROPRIETOR/PARTNER/EXECUTIVE 3100:000 .. OFFlLFRMEMRER EXCLLIDED? I WISBNIIIRIFFEL EACH ACCIDENT Xyn.lesy NI�umx EL DECEASE ewtav 4151000.00_ DESCRIPTION OF OPERATIONS below I E DISEASE.POuer LIMIT 3100.000 DESCMPRON OE OPEM1DNS I IX/CAROMS I VEHICLES(ACORD 1M.MINtioral Raman Schedute.may be Attached V nen us=at anXed) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF 11€ABOVE DFr'wrPD POLICES BE CANCELLED BEFORE City of Miami Beach y5 Miami Ave,3rd Floor THE IDIPIRATION DATE TIEREOF, NOTICE WILL BE DEUYERED IN Mari Beach FL 33139 Miami PROVISIONS. AUTHORIZED AME YPf /N'R./"[z- 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE ]ALLSTATE INSURANCE COMPANY [ALLSTATE INDEMNITY COMPANY ['ALLSTATE TEXAS LLOYD'S THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER 11-1I3 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom this Certificate's Issued Name and Address of Insured CITY OF MIAMI BEACH AUSTIN TUPLER TRUCKING,INC. 1755 MERIDIAN AVENUE, 3RD FLOOR M&G FILL CORP.,GLEN CONTRACTING,INC. MIAMI BEACH, FL 33139 6570 S.W.47TH COURT DAVIE, FL 33314 This is to certify that policies of insurance fisted below have been issued to the insured named above subject to the exMation date indicated below, 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 canQrtions of such policies. TYPE OF INSURANCE AND LIMITS COMMERCIAL GENERAL LIABILITY POTKy Effective Expiration Number N/A Date Date Limit Amount GENERAL AGGREGATE LIMIT(Other than Products-Completed Operations) $ PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $ PERSONAL AND ADVERTISING INJURY LIMIT $ EACH OCCURRENCE LIMIT $ PHYSICAL DAMAGE LIMIT $ ANY ONE LOSS MEDICAL EXPENSE LIMIT $ ANY ONE PERSON WORKERS'COMPENSATION& Policy Effective Expiration EMPLOYERS'LIABILITY Number N/A Date Date Coverage Limits WORKERS'COMPENSATION STATUTORY-applies only in the following states: EMPLOYERS' BODILY INJURY BY ACCIDENT S EACH ACCIDENT LIABILITY BODILY INJURY BY DISEASE $ EACH EMPLOYEE BODILY INJURY BY DISEASE $ POLICY LIMIT AUTOMOBILE LIABILITY Policy Effective Expiration Number 648656635 Date 08/08/17 Date 08/08/18 Coverage Basis Limits x ANY AUTO x OWNED AUTOS x HIRED AUTOS Combined Single Limit of Liability (Collision&Comprehensive-$1,000 deductible) BODILY INJURY&PROPERLY •Marc $ 1,000,000 EACH ACCIDENT ❑SPECIFIED AUTOS x NON-OWNED AUTOS Split Liability Limits Bodily Injury pmpeity Damage Each ❑OWNED PRIVATE PASSENGER AUTOS S PERSON O OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ $ ACCIDENT UMBRELLA LIABILITY Poky Effective Expiration Number N/A Date Dab EACH OCCURRENCE GENERAL AGGREGATE PRODUCTS-COMPLETED OPERATIONS AGGREGATE $ $ $ OTHER(Show Policy Effective Expiration type of Policy) Number Date Date DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLI:S/RESTRICTIONS/SPECIAL ITEMS RE: BID ITBN2018-018-ND REMOVAL&DISPOSAL OF CONSTRUCTION DEBRIS&ASPHALT CANCELLATION Ron Bradley Number of days notice 30 Bradley Insurance Group Inc 1/19/18 Authorized orzed Represmltve Date Should any of the above described policies be cancelled before the expiration date,the issuing company wf endeavor to mad within the number of days entered above,written notice to the certificate holder named above_ But fadure to mail such notice shall impose no obligation or Sabifiy of any kind upon the company,its agents or representatives. L110523-2 .. Solid Waste Management 2025 NW 62rd Strecr•510(1 MhAMI DADE c viarn,. Honda l t 1?,- �.6... t.. ', 1105-514.6666 April 26, 2017 Glen Tupler, President Austin Tupler Trucking 12555 Biscayne Blvd, Ste 806 N Miami, FL 33181 RE: 2017-18 General Hauler Permit Approval Dear Mr. Tupler: Thank you for submitting your General Hauler Permit application. You have met all of the requirements as outlined in the Code of Miami-Dade County and are therefore approved to transport solid waste. Permit account number 16027 assigned to Austin Tupler Trucking is valid through April 30, 2018. Enclosed you will find decals #GH18-0647:0649 for the 3 vehicle(s) registered under this permit account to transport solid waste in Miami-Dade County. The decal should be permanently affixed on the inside of the windshield of the vehicle which is approved to transport solid waste and recyclable materials in Miami-Dade County. Vehicles that do not have a decal permanently affixed to the windshield will be subject to penalty as prescribed in the Code of Miami-Dade County. In addition, General Haulers with solid waste accounts in unincorporated Miami-Dade County must pay a disposal facility fee on all accounts except recycling pickup or non- recurring C & D pickups. It is also recommended that you keep this document on file as proof of your General Hauler Permit approval. Should you require additional information specific to your permit, contact the Permit Section at 305-514-6610. If you need assistance with the requirements of the Disposal Facility Fee, contact Rick Rayborn at 305-514-6742. Sincerely, -� -"owzi• V od Miche le J. Jackson, SPA 2 Code Enforcement Division Detail by FEI/EIN Number Page 1 of 2 urda C?oartmert:;r 511411) *org Department of State / Drv,sion of Corooraticns / Sear n°?cords / Detail 3v Document Number I Detail by FEI/EIN Number Florida Profit Corporation AUSTIN TUPLER TRUCKING. INC. Filing Information Document Number 406557 FEI/EIN Number 59-1426412 Date Filed 08/09/1972 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 08/26/1998 Event Effective Date NONE Principal Address 6570 SW 47TH CT. FT LAUDERDALE, FL 33314 Mailing Address 6570 SW 47TH CT. FT LAUDERDALE, FL 33314 Registered Agent Name& Address TUPLER.AUSTIN 6570 S W 47TH CT FT LAUDERDALE. FL 33314 Officer/Director Detail Name&Address Title VD TUPLER.AUSTIN W 6570 S.W. 47TH CT. FT LAUDERDALE, FL Title PD TUPLER. GLEN D. 6570 SW 47 CT DAVIE, FL 33314 Title VD http://search.sunbiz.org/inquiry/CorporationSearch/Search ResultDetai l?inqui... 2/8/2018 Detail by FEI/EIN Number Page 2 of 2 TUPLER. MARC A. 6570 SW 47 CT DAVIE FL 33314 Annual Reports Report Year Filed Date 2016 01/06/2016 2017 01/10/2017 2018 01/12/2018 Document Images 01,12.'2013 -ANNUAL REPORT View image-n PDF format 01/10/2017—ANNUAL REPORT View image in PDF format 01/06/2016—ANNUAL REPORT View image In PDF format 01/07'2015—ANNUAL REPORT View image.n PDF format 01109/2014—ANNUAL REPORT View image:n PDF format 01,22)2013—ANNUAL REPORT View image Ti PDF format 01,0312012—ANNUAL REPORT View image,n PDF format 01,03/2011—ANNUAL REPORT View image in POF format 01,05,2010—ANNUAL REPORT View image in POF format 01/05;2009—ANNUAL REPORT. View image in PDF format 01/10/2008—ANNUAL REPORT View image in POF format 02220,2007—ANNUAL REPORT View image in PDF format 01,17:2006—ANNUAL REPORT View image in PDF format 01/11;2005—ANNUAL REPORT View image in PDF format 01/16/2004—ANNUAL REPORT View image in POF format 01,09/2003—ANNUAL REPORT View image in PDF format 01/302002—ANNUAL REPORT View image in PDF format 01/11;2001—ANNUAL REPORT View image in POF format 01/24,2000—ANNUAL REPORT View image in PDF format 01/25/1999—ANNUAL REPORT View image in PDF format 08/25/1998—Amendment View image in PDF format 01/23/1998—ANNUAL REPORT View image in PDF format 04/17/1997—AMENDMENT View image in PDF format 01/14/1997—ANNUAL REPORT View image in PDF format 01/24/1996—ANNUAL REPORT View image:n PDF format 01/20/1995—ANNUAL REPORT View image in POF format °bn.Ja Ceparment)f Stare.Crvswn or_orponrons http://search.sunbiz.org/Inqu i ry/C:orporationSearch/SearchResultDetai l?inqu i... 2/8/2018 ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F IV\ AAAA BEACH Insurance Requirements ITB 2018-018-ND Removal and Disposal of Construction Debris and Asphalt PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 1TB 2018-018-ND 33 MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers'Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2018-018-ND 34