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Contract with Atlantic Paving Inc DocuSign Envelope ID:236FB507-0C7F_-40F7-9FAE-F9B675EFCD7C Contract No. 22-211-02 CONTRACT f.M' c,L14 2/16/2023 13:00 EST THIS CONTRACT ("Contract") is made and entered into as of 6� and between the City of Miami Beach, Florida, a municipal corporation (the "City") and ATLANTIC PAVING CO, INC., (the"Contractor"): WITNESSETH,that the Contractor, for and in consideration of the payments hereinafter specified and agreed to be made by the City, hereby covenants and agrees to furnish and deliver all the materials required, to do and perform all the work and labor in a satisfactory and workmanlike manner, required to complete this Contract within the time specified, in strict and entire conformity with the Plans, Specifications, and other Contract Documents, which are hereby incorporated into this Contract by reference, for: ITB-2022-211-AY PAINTING AND STRIPPING OF DEDICATED BICYCLE LANES AND RELATED SERVICES The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work and to defend, indemnify and save harmless City, and their respective officers and employees,from liabilities, damages, losses, and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The requirements of the Contract Documents, as such term is defined in the Invitation to Bid, are hereby incorporated by reference as if fully set forth herein. This Contract is part of and incorporated in the Contract Documents as defined herein in Composite Attachment A, B C, and D. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. The Contract is to provide services of Painting and Stripping of Bicycle Lanes on an as-needed basis in accordance with the prescribed specifications and requirements in Appendix A of the ITB. Pricing shall be in accordance with Exhibit B Cost Proposal attached hereto. The groups pursuant to this contract were awarded as follows: Group 1: Painting/Striping Green Bicycle Lanes, Red-Transit Lanes, Special Color Pavement Primary vendor— McShea Contracting, LLC. Secondary vendor—Atlantic Paving Co. Inc. Group 2: Time and Material Costs for Additional Goods or Services Not Specified Primary vendor—Atlantic Paving Co. Inc. Secondary vendor—McShea Contracting, LLC. [BALANCE PAGE INTENTIONALLY LEFT BLANK] • DocuSign Envelope ID:236FB507-OC7F-40F7-9FAE-F9B675EFCD7C Contract No. 22-211-02 NOTICES. All' notices mailed electronically to either party shall be deemed to be sufficiently transmitted. The place for giving notice shall remain the same as set forth herein, unless such notice information is revised in a Contract amendment duly executed by the City Manager and the Contractor. For the present, the parties designate the following: For City: Transportation Department 1700 Convention Center Drive Miami Beach, FL 33139 Attn: Jose R. Gonzalez, P.E. 1700 Convention Center Drive Miami Beach, FL 33139 Ph: 305-673-7411 Email: JoseGonzalez(a�mimaibeach.fl.gov With copies to: City Attorney • Attn: Rafael Paz City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Email: RafaelPaz(a�miamibeachfl.gov For Contractor: ATLANTIC PAVING, CO.INC Attn: Rinaldo Cruz 10640 NW 123 St. Rd. Unit 103 Medley, FL 33178 Ph: 305-513-8632 Email: rayla'�.atlanticpavinq.com • DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C Contract No. 22-211-02 IN WITNESS WHEREOF, the above parties have caused this Contract to be executed by their appropriate officials as of the date first above written. FOR CITY: ATTEST: CITY OF MIAMI BEACH, FLORIDA DocuSigned by: [ra f at t t, anti/ a o By: FAB8BA0BFB$E44F. By• Rafael E. Granado, City Clerk Dan Gelber, Mayor FOR CONTRACTOR: ATLANTIC PAVING, CO. INC. By: / t-a-44 CI Name: Rinaldo Cruz Date: 2/13/2023 APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 2Tth - 2)1'Z3 City Attorney Date 3 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C EXHIBIT A Atlantic Paving,LLC GGrouproup 1:2:P Secondaryrimary APPENDIX C REVISED ELECTRONIC COST PROPOSAL FORM . Failure to submit REVISED Appendix C, Electronic 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 proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB,inclusive of its terms,conditions,specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices,delivery delays,taxes,insurance,cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix C) shall be completed mechanically. All corrections on the Cost Proposal Form (Appendix C) shall be initialed. [Atlantic Paving-Secondary] GROUP 1-PAINTING AND STRIPING GREEN BICYCLE LANES,RED-TRANSIT LANES,SPECIAL COLOR PAVEMENT Description Work under this Contract includes furnishing of all supervision,labor • , materials,tools,equipment and performing all operations required to Estimated complete these services in accordance Annual Total item with specifications. Quantity U 1 M Unit Cost (ouantttyx Unit cost) . Permanent Green Paint Up to 10,000 square ,wry5. �1 .z 1 feet of Work 10,000 SF $ `7v $ u�d Permanent Green Paint 10,000 to 25,000 p D n D,`, in • •r• •-t•f i•r 25,000 SF $ �A' $ C/ Permanent Green Paint 25,000 to 50,000 G �� ©`r , 3 Si .r --t if r•r 50,000 SF $ 7 $ Permanent Green Paint Above 50,000 square Op $�D„R o p,tatt 4 feet of Work 100,000 SF $ V Permanent Red Paint Up to 10,000 square -7 Bp 5 feet of Work 10,000 SF $ !s $70 -0 Oar Permanent Red Paint 10,000 to 25,000 // 579 / i 6 s4 uare feet of Work 25,000 sF $ (9� $ (D,. 0 e Permanent Red Paint 25,000 to 50,000 7 s•uare feet of Work 50,000 SF $ -e $ 5-0040 -67 Permanent Red Paint Above 50,000 square Qt7 ,ct� ®�Q 8 feet of Work 100,000 SF $ e.r $ V Permanent Other Paint Up to 10,000 square 0 D (9 9 feet of Work 10,000 SF $ � $ 1 Q 0d Permanent Other Paint 10,000 to 25,000 w ©Q� /-- 10 •uare feet of Work 25,000 SF $ e $ Permanent Other Paint 25,000 to 50,000 0 0 'Z ,q r OD� 11 s.uarefeetof Work 50,000 SF $ . f $J V Permanent Other Paint Above 50,000 square l� 5 0 - 12 feet of Work 100,000 SF $ J i $ ��00 3 Standard Paint Up to 10,000 square feet of �p ,I� ,A 13 Work 10,000 SF $ e $ V '.r✓0d- Standard Paint 10,000 to 25,000 square feet pD `q 14 of work 25,000 SF $ 5. $ / Q v0 e Standard Paint 25,000 to 50,000 square feet 5 ef, - 15 of work 50,000 SF $ /+ $ 0 190 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C Standard Paint Above 50,000 square feet of f1 50 �oo - O'er /16 Work 65,000 SF $ 7 1 $ L ,(} 17 Edge Line Marking-4 Inches-wide 10,000 LF •$ 3.- 63 $ 36r �`' 18 Edge Line Marking-6 Inches-wide 25,000 LF $ 2� $ 1 D 5'oonr 19 Edge Line Marking-8Inches-wide 10,000 LF $ '5tt, Z'7- $ 5 eZ�l 20 Standard Sharrow Symbol 350 EA $ g509,— $ 5C�<-- 21 Green Sharrow Symbol 350 EA $ / 5T/9." $ g ' t5-0©!-� 22 Bike-only Lane Symbol 100 EA $ G8/(24 $ Lg 1 000,- 23 Bicycle Detector Symbol 60 EA $ LJ�7r $ ,> iB©, 24 Raised Pavement Markers(RPMs) 1,000 EA $ J.57 $ 5- , 00-, SUB-TOTAL GROUP 1 (ITEMS 1-24) $ — 17. 0,`"- [Atlantic Paving-Primary] GROUP 2-TIME AND MATERIAL COSTS FOR ADDITIONAL GOODS OR SERVICES NOT SPECIFIED Estimated Total Item Description QuantityU/M Unit Cost (Quantity_X_Unit_ Cost) 25 Hourly Rate(Regular)-Refer to 75 Hourly Rate Section 3.11 $ �/y •`i� 26 Hourly Rate(Non-regular hours) 50 Hourly Rate '" -Refer to Section 3.11 $�®Q,- IMP, Hourly Rate-Emergency(per 27 Individual)-Refer to Section 25 Hourly Rate 3.12 itlaillffil 5; (A) (B) (C) (D) State Net Cost If Whether Discount Cost of the% Is offered Item Description Estimated Percentage percentage Listed (A-C=D) No. Annual discount or discount or Or is a Net Cost If Gross Costs mark-up mark-up Discount (A x B=C) or Mark-up Markup is offered (A+C=D) 28 Administrative Mark-up for $5,000MIN $ 0 `�, 4j ,„" $ KQD©.Parts and Su. ies SUB-TOTAL-GROUP 2 `'7 r (ITEMS 25-28) $`] 6 GRAND TOTAL GROUP 1 AND GROUP 2 $ 50z�, _ (ITEMS 1.28) DocuSign Envelope ID:236FB507-OC7F-40F7-9FAE-F9B675EFCD7C EXHIBIT B ITB 2022-211-AY Tabulation Group 1 Group 2 Painting/Striping Green Time and Material Costs Bidder Bicycle Lanes,Red-Transit Lanes,Special Color for Addtl.Goods or Pavement Services Not Specified 2 Atlantic Paving $ 5,451,100.00 $ 74,750.00 1 McShea Contracting $ 4,547,500.00 $ 981,750.00 1McShea Contracting is recommended as primary vendor for Group 1 and secondary vendor for Group 2 2 Atlantic Paving is recommended as secondary vendor for Group 1 and primary vendor for Group 2 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C ATTACHMENT A COMMISSION AWARD MEMO DocuSign Envelope ID:236FB507-OC7F-40F7-9FAE-F9B675EFCD7C Competitive Bid Reports-C2 H M AM.I B:EAG COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: September 14, 2022 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) 2022-211-AY PAINTING AND STRIPING OF DEDICATED BICYCLE LANES AND RELATED SERVICES. RECOMMENDATION It is recommended that, pursuant to ITB No. 2022-211-AY for painting and striping of dedicated bicycle lanes and related services, the Mayor and City Commission, for Group 1, approve the award of a contract to McShea Contracting LLC, the lowest bidder, as the primary vendor, and Atlantic Paving LLC, the second lowest bidder, as the secondary vendor, and, for Group 2, approve the award of a contract to Atlantic Paving LLC, the lowest bidder, as the primary vendor, and McShea Contracting LLC, the second lowest bidder, as the secondary vendor. This solicitation is currently under the cone of silence. BACKGROUND/HISTORY The City continues to prioritize and advance multi-modal transportation options in compliance with the adopted Transportation Master Plan. Painting and marking non-vehicular surfaces (bicycle lanes, crosswalks, transit lanes, shared-use paths, and other facilities) enhance safety and increase the use of multi-modal options. As a result, a contract is required, with a qualified firm(s),for the painting and striping of dedicated bicycle lanes and related services. On January 11, 2017, the City Commission approved the award of a contract pursuant to Invitation to Bid (ITB) 2017-032-ND for painting and striping on dedicated bicycle lanes with a three (3) year original term and two (2) additional one (1) year terms. The estimated yearly budget for these services is $500,000. The contract has exhausted all renewal options and a replacement contract is necessary to continue the services. Accordingly, the ITB was issued to establish a contract, by means of sealed bids, with a qualified contractor(s)for the painting and striping of dedicated bicycle lanes throughout the City. ANALYSIS On May 12, 2022, the ITB was issued. The Procurement Department issued bid notices to approximately 20,000 companies utilizing the City's e-procurement system, with 37 prospective Page 92 of 1702 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C bidders accessing the solicitation. A pre-bid conference to provide information to proposers submitting a response was held on May 20, 2022. Two (2) addenda were issued, and responses were due on June 16, 2022. The City received two (2) responses from Atlantic Paving Co., Inc. and McShea Contracting, LLC. The ITB stated that the lowest responsive, responsible Bidder meeting all terms, conditions, and specifications of the ITB would be recommended for award. In its due diligence, the Procurement and Transportation Departments verified that the bids submitted by Atlantic Paving Co., Inc. ("Atlantic Paving") and McShea Contracting, LLC ("McShea Contracting") met the requirements of the ITB, including the required previous experience performing the services. Accordingly, McShea Contracting and Atlantic Paving have been deemed responsive and responsible bidders meeting all terms, conditions, and specifications of the ITB. See Attachment A for the tabulation of bids received. Section 10 of the ITB states that the City may award two or more vendors (primary, secondary, tertiary, or higher), as available, by line item, by group [emphasis added] 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. Based on the tabulation of bids received, staff believes it is in the City's best interest to award the ITB as follows: Group 1 Services Primary vendor— McShea Contracting, the lowest responsive and responsible bidder. Secondary vendor—Atlantic Paving, the second lowest response and responsible bidder. Group 2 Services Primary vendor—Atlantic Paving, the lowest responsive and responsible bidder. Secondary vendor— McShea Contracting,the second lowest response and responsible bidder. Below is a brief summary of each firm based on information each firm has provided. McShea Contracting McShea Contracting is located in Lehigh Acres, Florida. McShea Contracting's primary objective for management and employees is to be the most dependable, professional, and cost effecting pavement marking company in Florida. McShea is qualified by the Florida Department of Transportation (FDOT) for pavement marking and roadway signing in the State of Florida. Additionally, McShea Contracting has provided satisfactory services on projects for FDOT and Lee County, Florida. Atlantic Paving Co. Over the last few decades, as technology and manufacturing have improved the quality of decorative surfacing products,Atlantic Paving Co. has recognized the benefit of having specific products designed for each type of application. Based on this core concept, Atlantic Paving developed one of the industry's most complete full-spectrum product lines. Having such a varied product line can offer clients the absolute best pricing with products specifically tailored to their needs. In addition, Atlantic Paving has been providing the City with the painting and striping of bike lanes since November 2016 with positive evaluations from staff. SUPPORTING SURVEY DATA Page 93 of 1702 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C According to the 2022 Resident Survey conducted by ETC Institute, 23.7% of the survey respondents feel safe when riding a bike within the City (as compared to 35.8% in 2019). This ITB intends to directly address the issue of safety and visibility for bicyclists to reinforce the City's world-class environment for all who visit the City of Miami Beach. FINANCIAL INFORMATION Staff performed a cost analysis to determine whether the fiscal impact is in the City's best interest. Compared to similar line items from the current contract, the lowest responsive bidder, McShea Contracting, for Group 1, has submitted bid pricing that is approximately 19% on average higher than the current contract. However, the Consumer Price Index(CPI) change for the local area since the current contract was awarded in February 2017 is 20%. Due to the challenges of inflation and supply chain constraints;the Administration believes it is in the City's best interest to award. The prior contract did not include a Group 2 for additional services. The costs of the related services are subject to funds availability approved through the City's budgeting process. It is not anticipated that grant funding will be utilized for this project. Amount(s)/Account(s): 106-9615-000349-30-403-529-00-00-00- (349- Contractual Services $4,622,250.00 $4,622,250.00 Grant funding will not be utilized for this project. CONCLUSION Based on the foregoing, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, pursuant to Invitation to Bid (ITB) No. 2022-211-AY for painting and striping of dedicated bicycle lanes and related services, for Group 1, approve the award of a contract to McShea Contracting LLC, the lowest responsive and responsible bidder, as the primary vendor, and Atlantic Paving LLC,the second lowest response and responsible bidder, as the secondary vendor and, for Group 2, approve the award of a contract to Atlantic Paving LLC, the lowest responsive and responsible bidder, as the primary vendor, and McShea Contracting LLC, the second lowest response and responsible bidder, as the secondary vendor. Applicable Area Citywide Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Mobility- Improve the walking and biking experience. Legislative Tracking Transportation and Mobility/Procurement Page 94 of 1702 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C ATTACHMENTS: Description o Attachment A Tabulation Page 95 of 1702 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C ITB 2022-211-AY Tabulation Group 1 Group 2 Painting/Striping Green Bidder Bicycle Lanes,Red-Transit Time and Material Costs Lanes,Special Color for Addtl.Goods or Services Not Specified , Pavement 2 Atlantic Paving $ 5,451,100.00 $ 74,750,00 1 McShea Contracting $ 4,547,500.00 $ 981,750.00 1McShea Contracting is recommended as primary vendor for Group 1 and secondary vendor for Group 2 2Atlantic Paving is recommended as secondary vendor for Group 1 and primary vendor for Group 2 Page 96 of 1702 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C ATTACHMENT B ADDENDA AND ITB SOLICITATION DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C M I AM I B EAC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO.2 INVITATION TO BID NO. 2022-211-AY FOR PAINTING AND STRIPING OF DEDICATED BICYCLE LANES AND RELATED SERVICES June 9,2022 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City.The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). I. REVISION: ITB DUE DATE AND TIME.The deadline for the electronic receipt of bids is extended until 3:00 p.m.,on Thursday,June 16,2022. All bids received and time stamped through BidSync, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically,either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently.The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. II. REVISION—DELETE Appendix C—Cost Proposal Form in its entirety and REPLACE with attached REVISED A. s endix C Revised Cost Pro.osal Form FAILURE TO SUBMIT REVISED APPENDIX C IN ITS ENTIRETY BY THE DEADLINE ESTABLISHED FOR THE RECEIPT OF BIDS WILL RESULT IN BID SUBMITTAL BEING DEEMED NON-RESPONSIVE AND BEING REJECTED. III. ATTACHMENT • Attachment A—REVISED Appendix C—Revised Cost Proposal Form FAILURE TO SUBMIT REVISED APPENDIX C IN ITS ENTIRETY BY THE DEADLINE ESTABLISHED FOR THE RECEIPT OF BIDS WILL RESULT IN BID SUBMITTAL BEING DEEMED NON-RESPONSIVE AND BEING REJECTED. IV. RESPONSES TO QUESTIONS RECEIVED: Q1: Please confirm line items 1 thru 11 on bid schedule are paint? They are labeled as permanent. Please advise. Al: Please refer to Appendix A,sections 3.05,3.06,and 3.07, subsection B,titled Materials. Q2: Please confirm line#17 on bid schedule is paint of Thermoplastic?Also please clarify if RPM's are needed for this project? If so there should be a line item just for this item. 3.09 shows RPMs. A2: Refer to Revision I. In addition, please refer to Appendix A,section 3.09,subsection B. I ADDENDUM NO.2 INVITATION TO BID NO.2022-211-AY FOR PAINTING AND STRIPING OF DEDICATED BICYCLE LANES AND RELATED SERVICES DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C 1 V I I A V 1 I BEAC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Q3: Please advise if symbol noted"Sharrow Symbol"on sheet 1 of Bicycle markings is what you call Standard Sharrow symbol on bid schedule line#18.Also please advise if this is paint or preformed? A3:Yes-Please refer to Appendix A,section 3.10 and Appendix B. Q4: Please advise if line#18 on bid schedule is paint and if it the same symbol you have noted on sheet 1 of the plans as"Standard Symbol". A4: Refer to response to Q3. Q5: Please advise if line#19 on bid schedule is paint or preformed? A5: Refer to response to Q3. Q6: Please advise if line#20 on bid schedule is paint of preformed? A6: Refer to response to Q3. Q7: Please advise if line#21 on bid schedule is paint or preformed? Al: Refer to response to Q3. . Q8: To clarify the breakdown for line items 22, 23 and 24. Please provide better clarification of the standard hours and holiday with weekend hours as this will control pricing. A8: Refer to Section 3.11 sub-section G of Appendix A. Q9: If paint is required for the above line items, is there a suppliers list from The City of Miami Beach or FDOT of what suppliers are acceptable? If not, will we be able to submit a supplier of our choice for approval if awarded the contract? A9: No supplier is being specified,however, material specifications must be met. Q10: Please provide clarification for line#25 on bid schedule as there are no parts required or needed for this Bid?Also please provide breakdown of what is required for this cost estimate. A10: Refer to Section 3.11 of Appendix A. Q11: Line item#17 on the bid schedule is per SF. I feel it should be LF and what thickness. 4", 6", 8" and so on. Please advise. All: Refer to Revision I. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov 2 ADDD INVITATIONENUM TONO.2 BID NO.2022-211-AY FOR PAINTING AND STRIPING OF DEDICATED BICYCLE LANES AND RELATED SERVICES DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C M I AM I B E AC H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3ro Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Contact: Telephone: Email: Danny Flores 305-673-7000 ext. 26652 DannyFlores@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sin rely, Ot--------. Al x enis Procurement Director 3 ADDENDUM NO.2 INVITATION TO BID NO.2022-211-AY FOR PAINTING AND STRIPING OF DEDICATED BICYCLE LANES AND RELATED SERVICES DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C APPENDIX C REVISED ELECTRONIC COST PROPOSAL FORM Failure to submit REVISED Appendix C, Electronic 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 proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms,conditions,specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices,delivery delays,taxes,insurance,cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix C) shall be completed mechanically. All corrections on the Cost Proposal Form (Appendix C) shall be initialed. GROUP 1 -PAINTING AND STRIPING GREEN BICYCLE LANES,RED-TRANSIT LANES,SPECIAL COLOR PAVEMENT Description Work under this Contract includes furnishing of all supervision, labor, materials,tools,equipment and performing all operations required to. Estimated complete these services in accordance Annual Total Item with specifications. Quantity U 1 M Unit Cost (Quantity_X_Unit_Cost) Permanent Green Paint Up to 10,000 square 1 feet of Work 10,000 SF $ $ Permanent Green Paint 10,000 to 25,000 2 s•uare feet of Work 25,000 SF $ $ Permanent Green Paint 25,000 to 50,000 3 s•uare feet of Work 50,000 SF $ $ Permanent Green Paint Above 50,000 square 4 feet of Work 100,000 SF $ $ Permanent Red Paint Up to 10,000 square 5 feet of Work 10,000 SF $ $ Permanent Red Paint 10,000 to 25,000 6 s•uare feet of Work 25,000 SF $ $ Permanent Red Paint 25,000 to 50,000 7 s•uare feet of Work 50,000 SF $ $ Permanent Red Paint Above 50,000 square 8 feet of Work 100,000 SF $ $ Permanent Other Paint Up to 10,000 square 9 feet of Work 10,000 SF $ $ Permanent Other Paint 10,000 to 25,000 10 s•uare feet of Work 25,000 SF $ $ Permanent Other Paint 25,000 to 50,000 11 s•uare feet of Work 50,000 SF $ $ Permanent Other Paint Above 50,000 square 12 feet of Work 100,000 SF $ $ Standard Paint Up to 10,000 square feet of 13 Work 10,000 SF $ $ Standard Paint 10,000 to 25,000 square feet 14 of work 25,000 SF $ $ Standard Paint 25,000 to 50,000 square feet 15 of work 50,000 SF $ $ DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C Standard Paint Above 50,000 square feet of 16 Work 65,000 SF $ $ 17 Edge Line Marking—4 Inches-wide 10,000 LF $ $ 18 Edge Line Marking—6 Inches-wide 25,000 LF $ $ 19 Edge Line Marking—8 Inches-wide 10,000 LF $ $ 20 Standard Sharrow Symbol 350 EA $ $ 21 Green Sharrow Symbol 350 EA $ $ 22 Bike-only Lane Symbol 100 EA $ $ 23 Bicycle Detector Symbol 60 EA $ $ 24 Raised Pavement Markers(RPMs) 1,000 EA $ $ SUB-TOTAL GROUP 1 (ITEMS 1-24) $ GROUP 2-TIME AND MATERIAL COSTS FOR ADDITIONAL GOODS OR SERVICES NOT SPECIFIED Estimated Total Item Description Quantity U I M Unit Cost (Quantity_X_Unit_ Cost) 25 Hourly Rate(Regular)—Refer to 75 Hourly Rate Section 3.11 $ $ 26 Hourly Rate(Non-regular hours) 50 Hourly Rate —Refer to Section 3.11 $ $ Hourly Rate—Emergency(per 27 Individual)—Refer to Section 25 Hourly Rate 3.12 $ $ (A) (B) (C) (D) State Net Cost If Whether Discount Cost of the% Is offered Item Description Estimated Percentage percentage Listed (A—C=D) No. Annual discount or discount or is.a Or Gross Costs mark-up mark-up Discount Net Cost If (A x B=C) or Mark-up Markup is offered (A+C=D) 28 Administrative Mark-up for $5,000 Parts and Sue flies % $ $ SUB-TOTAL—GROUP 2 (ITEMS 25-28) $ GRAND TOTAL GROUP 1 AND GROUP 2 $ (ITEMS 1-28) DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C n� PROCUREMENT DEPARTMENT MIA/ V 1 I B EA H 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 INVITATION TO BID NO. 2022-211-AY FOR PAINTING AND STRIPING OF DEDICATED BICYCLE LANES AND RELATED SERVICES June 3,2022 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. REVISION: ITB DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m., on Wednesday,June 15,2022. All bids received and time stamped through BidSync, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically,either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. . RESPONSES TO QUESTIONS RECEIVED WILL BE PROVIDED IN FORTHCOMING ADDENDUM Any questions regarding this Addendum_ should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Danny Flores 305-673-7000 ext. 26652 DannyFlores@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. S cerely, Al enis Procurement Director 1 ADDENDUM NO.1 INVITATION TO BID NO.2022-211-AY I FOR PAINTING AND STRIPING OF DEDICATED BICYCLE LANES AND RELATED SERVICES DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C MIAMI BEACH ITB 2022-211-AY FOR PAINTING AND STRIPING OF DEDICATED BICYCLE LANES AND RELATED SERVICES TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT APPENDICES: APPENDIX A MINIMUM REQUIREMENTS, SPECIFICATIONS, AND SPECIAL CONDITIONS APPENDIX B SPECIAL MARKINGS APPENDIX C COST PROPOSAL FORM APPENDIX D INSURANCE REQUIREMENTS ITB 2022-21 1-AY DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C SECTION 0100 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 Bidders 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 Bidders and, subsequently, the successful Bidders(s)(the"contractor[s]")if this ITB results in an award. The City utilizes Periscope S2G (formally known as BidSync) (www.periscopeholdings.com or www.bidsync.com)for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Proposer who has received this ITB by any means other than through Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach continues to prioritize and advance multi-modal in compliance with the adopted Transportation Master Plan. Painting and marking of non-vehicular surfaces (bicycle lanes, crosswalks, transit lanes, shared-use paths, and other facilities) enhances safety and increases the use of multi-modal facilities. The purpose of this Invitation to Bid is to establish a contract, by means of sealed bids,with a qualified firm(s),for the painting and striping of dedicated bicycle lanes and related services for the City of Miami Beach(the"City"),on an as-needed basis, in accordance with the prescribed specifications and requirements in Appendix A. The City desires to receive bids from qualified contractors to service painting and marking of non-vehicular surfaces as designated throughout the City. The American Association of State Highway and Transportation Officials (AASHTO) defines a roadway pavement as "any hard-surfaced path upon which vehicles can travel from one place to another." Interested vendors must submit a proposal for Groups 1 and 2. Otherwise, a proposal for Group 1 will not be considered. On January 11, 2017, the City Commission approved the award of a contract pursuant to Invitation to Bid (ITB)2017-032-ND for Painting and Striping on Dedicated Bicycle Lanes(the"Contract")with a three(3)year original term and two(2)additional one(1)year terms.The Contract has exhausted all renewal options and this ITB intends to cover the services.The estimated yearly budget for these services is$500,000.The duration of the entire Contract(with renewals, if exercised by the City)will be an estimated total of$4,000,000.00. However, no volume of work is guaranteed as a result of any award. 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued May 12,2022 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C Pre-Bid Meeting Friday, May 20, 2022 @ 11:00 AM ET via Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 196 696 338, then # • Deadline for Receipt of Monday, May 23, 2022 @ 5:00 PM ET Questions- Responses Due Monday,June 6, 2022 @ 3:00 PM ET via Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 315 523 070, then # Tentative Commission July 2022 Approval Authorizing Award 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Tele•hone: Email: Danny Flores 305-673-7000,ext. DannyFlores(a.miamibeachfl.gov 26652 dditionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado a(�miamibeachfl.gov; or via facsimile: 786-394-4188. U The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten(10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Bidders in the form of an addendum. 5. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. Attendance for the pre-bid meeting shall be via telephone and recommended as a source of information but is not mandatory. Bidders interested in participating in the pre-bid meeting must follow these steps: via Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting DocuSign Envelope ID:236FB507-OC7F-40F7-9FAE-F9B675EFCD7C Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 196 696 338, then # Bidders who are participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 6. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-submittal meeting or site visit(s)..The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation.Addendum will be released through BidSync. Any prospective bidder who has received this ITB by any means other than through BidSync must register immediately with BidSync to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of the bid submittal. Written questions should be received no later than the date outlined in the Anticipated ITB Timetable section. 7. BIDDER'S RESPONSIBILITY. Before submitting a response, each Bidder shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary,to ascertain all conditions and requirements affecting the full performance of the Contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations,and examinations,will not relieve the Bidder from any obligation to comply with every detail and with all provisions and requirements of the Contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Bidder. 8. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded_to the City Commission by the City Manager are under the "Cone of Silence." The.Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 9. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible Bidder(s)meeting all terms,conditions,and specifications of the ITB will be recommended for award by bid item, bid group,or for the entirety of all bid items, as deemed. in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award,the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City.The City Commission shall consider the City Manager's recommendation(s)and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best Bidder, and in addition to price, Section 2-369 of the DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C 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. 10. 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. Bidder acknowledges and agrees that this Contract and the award of any work hereunder, is non- exclusive, and the City may, at its sole and absolute discretion, award similar services or work to other firms under Contract with the City(either as a co-primary contractor,or as secondary or tertiary contractors). No Purchase Order shall be issued to Contractor, and no work or Services shall be authorized under this Agreement, except at City's sole discretion. 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. 11. E-VERIFY.As a contractor you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the. Contractor during the term of the Contract and shall expressly require any subcontractors performing Work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 12. OMITTED OR ADDITIONAL INFORMATION. Failure to include the Bid Price Form and the Bid Bond (if applicable) shall render a bid non-responsive. Non-responsive bids will not be considered.With exception of the Bid Price Form and the Bid Bond, if applicable,the City reserves the right to seek any omitted information/documentation or any additional information from Bidder or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Bidder to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non-responsive. DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C Balance of Page Intentionally Left Blank DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C SECTION 0200 GENERAL CONDITIONS TERMS &CONDITIONS—SERVICES. By virtue of submitting a bid in response to this solicitation, proposer agrees to be bound by and in compliance with the Terms and Conditions for Services(dated April 13, 2020), incorporated herein,which may be found at the following link: https://www.miamibeachfl.gov/city-hall/procu rementlstandard-terms-and-conditions/ Balance of Page Intentionally Left Blank DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C SECTION 0300 BID SUBMITTAL INSTRUCTIONS AND FORMAT 1. ELECTRONIC RESPONSES ONLY. Bids must be submitted electronically through Periscope S2G (formerly BidSync)on or before the date and time indicated. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the deadline for bid submittals.The City will only consider the latest version of the bid. Electronic bid submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid, including all attachments, is uploaded successfully. Only bid submittals received and time stamped by Periscope S2G(formerly BidSync)prior to the bid submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or S2GRperiscopeholdings.com. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue. It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in BidSync prior to the deadline for bid submittals. 2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non-responsiveness. Non-responsive bids will not be considered. 1. Bid Submittal Questionnaire(submitted electronically). 2. Cost Proposal Form(Appendix C) 3. OMITTED OR ADDITIONAL INFORMATION. Failure to complete and submit the Bid Submittal Questionnaire (submitted electronically), the Cost Proposal, and bid bond (if applicable) with the bid and by the deadline for submittals shall render the bid non- responsive. Non-responsive bids will not be considered. Bid Submittals received that do not include the Cost Proposal Form, completed as required, bid submittal questionnaire, or Bid Bond (if applicable)completed as required and fully executed shall be deemed non-responsive. Bidder must submit any omitted documentation within three(3)business days upon request from the City,or the bid may be deemed non-responsive. Non-responsive bid packages will receive no further consideration. 4. ELECTRONIC BID FORMAT. In order to maintain comparability,facilitate the review process and assist the Evaluation Committee in review of bids, it is strongly recommended that bids be organized and tabbed in accordance with the tabs, and sections as specified below. The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic bid shall be submitted through the "Line Items" attachment tab in BidSync. BID PROPOSAL.The Bid Proposal is to include the following: DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C • TAB 1 —Cost Proposal Form (Appendix C).The Cost Proposal Form (Appendix C)shall be completed in its entirety.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 NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. • TAB 2 Documentation indicating compliance with Minimum Eligibility Requirements. Balance of Page Intentionally Left Blank DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C APPENDIX A MIAMIBEACH Minimum Requirements , Specifications , and Special Conditions IT B 2022-21 1 -AY PAINTING AND STRIPING OF DEDICATED BICYCLE LANES AND RELATED SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C 1. Minimum Eligibility Requirements. Bidders must submit evidence that they are qualified to perform the specified services satisfactorily. Additionally, the Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements shall be deemed non-responsive and not have their bids considered. 1. Bidder(defined as the Firm)or its principal(s)shall have completed or is completing at least three projects, within the last five years,consisting of painting and striping bicycle lanes, dedicated transit lanes,special color pavement,or other similar work on public right of way. Submittal Requirements: For each project, each bidder shall provide the following: awarding agency,agency contacts, a brief description of the project, project cost(s), if the experience is that of a principal provide the name of the principal. 2. Statement of Work Required. The purpose of this Bid is to establish a contract, by means of sealed bids, with a qualified firm(s), for the City of Miami Beach (the "City), on an as-needed basis, in accordance with the prescribed specifications and requirements. Interested vendors are invited to submit bids in.response to this ITB. A. Work under this Contract includes furnishing all supervision, labor, materials, tools, equipment, and performing all operations required to construct the Work according to the Contract Documents.The improvements will consist of painting green the existing bike lanes as directed by the City. B. If any changes are required due to conflict of design and or field conditions, the Project Manager will make the final determination. C. Under this Contract, the Contractor and all Subcontractors are prohibited from performing any work, other than that specified in the Contract and/or directed by the Project Manager, within the limits of the project site, without prior written notification to the Project Manager. This includes any work for private or commercial entities. D. Project Task Order. Before issuing a Purchase Order required for the commencement of Work, the Contractor shall provide a Task Order for any specific project the Transportation Director considers. No work may commence until the Task Order is approved by the City and accompanied by a Purchase Order. The Work set forth within these bid documents includes furnishing all labor, materials, equipment, services, and incidentals for the construction of the assigned Project. E. Construction Documents. The City shall provide all construction documents pursuant to specifications included herein. The Contractor shall be precluded from giving construction documents,except as authorized herein (e.g.,shop drawings,field or record drawings). 3.SPECIFICATIONS 3.01 FIELD OFFICE A. A local field office is not required. However,the.Contractor will be required to provide the Project Manager with a local (Miami-Dade County)telephone, cellular, or beeper number The Contractor may be contacted 24 hours a day, seven days a week during the Contract's period. DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C 3.02 MAINTENANCE OF TRAFFIC • A. Description. 1. Maintain traffic in accordance with FDOT Index 600 Series of the FDOT Design Standards, or as directed by the Project Manager;within the limits of a work zone until all Work required is completed. Construct and maintain detours. Provide access to residences, businesses, etc., along a work zone. Furnish, install and maintain traffic control and safety devices while working. Furnish and install work zone pavement markings to maintain traffic in work areas. Provide any other special requirements for ' safe and expeditious movement of traffic specified in the FDOT Design Standards and the Public Works Manual of Metropolitan Dade County. Maintenance of Traffic (MOT) includes all facilities,devices,and operations as required for the safety and convenience of the public within the work zone. 2. Do not maintain traffic over those portions of a work zone where no work is to be accomplished or where work operations will not affect existing roads. Do not obstruct or create a hazard to any traffic during the performance of the Work, and repair any damage to existing pavement open to traffic. B. Materials. 1. Meet the following requirements: a. Bituminous Adhesive: FDOT Section 970 b. Work Zone Pavement Markings:Articles FDOT 971-1 and 971-3 c. Paint: FDOT Section 971 d. Glass Spheres: FDOT Section 971 e. Temporary Traffic Control Device Materials: FDOT Section 990 f. Retroreflective and Nonreflective Sheeting for Traffic Control Devices: FDOT Section 994 2. Temporary Traffic Control Devices: Use only the materials meeting the requirements of FDOT Section 990, Design Standards, and the Manual on Uniform Traffic Control Devises(MUTCD). 3. Detour: Provide all materials for the construction and maintenance of all detours.Traffic may be detoured only upon approval of the Director of the Public Works and Waste Management Department. No work shall commence on this Project or any portion thereof without implementing an approved Maintenance of Traffic(MOT)plan. 4. Commercial Materials for Driveway Maintenance: Provide materials of the type typically used for the base, including recycled asphalt pavement material, and have stability and drainage properties that provide a firm surface under wet conditions. C. Specific Requirements. 1. MOT is Contractor's responsibility from Notice to Proceed. • 2. Worksite Traffic Supervisor: Provide a Worksite Traffic Supervisor in accordance with Public Works and Waste Management(PWWM)Construction Specifications Article 105. Provide the Worksite Traffic Supervisor with all equipment and materials needed to set up,take down, maintain traffic control,and handle traffic-related situations. 3. Ensure that the Worksite Traffic Supervisor performs the following duties: a. Performs on site direction of all traffic control in a work zone. b. Is on-site during all setup and takedown and performs a drive-through inspection immediately after set up. c. Is on-site during all nighttime operations to ensure proper Maintenance of Traffic. DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C d. Immediately corrects all safety deficiencies and does not permit minor deficiencies that are not immediate safety hazards to remain uncorrected for more than 1 hour. e. Is available on a 24-hour per day basis and is present within 45 minutes after notification of an emergency and is prepared to positively respond to repair the work zone traffic control or provide alternate traffic arrangements. f. On MOT lasting more than 24 hours: 1) Conduct daily daytime and weekly nighttime inspections of projects with predominately daytime work activities, and daily nighttime and weekly daytime inspections of projects with predominantly nighttime work activities of all traffic control devices, traffic flow, pedestrian, bicyclist, and business accommodations. 2) Advise the project personnel of the schedule of these inspections and give them the opportunity to join in the inspection as is deemed necessary. 3) Accommodate for pedestrians and bicycles with a safe travel path around work sites and safely separated from mainline traffic.Maintain these or existing paths satisfactorily throughout the project limits. 4) Provide existing businesses in work areas with adequate entrances for vehicular and pedestrian traffic during business hours. 5) Take corrective actions when deficiencies are found. 6) The Department may disqualify and remove from the Project a Worksite Traffic Supervisor who fails to comply with the provisions of this Article. 7) The Department may temporarily suspend all activities, except traffic, erosion control, and other activities necessary for project maintenance and safety, for failure to comply with these provisions. D. Alternative Traffic Control Plan. 1. The Contractor may propose an alternative Traffic Control Plan (TCP) to the plan presented in the FDOT Design Standards. Have the Contractor's Project Manager of Record sign and seal the alternative plan. Prepare the TCP in conformance with and in the form outlined in the current version of FDOT Roadway Plans Preparation Manual. Indicate in the plan a TCP for each phase of activities.Take responsibility for identifying and assessing any potential impacts to a utility that may be caused by the alternate TCP proposed by the Contractor and notify the Department in writing of any such possible effects on utilities. Project Manager's approval of the alternate TCP does not relieve the Contractor of sole responsibility for all utility impacts,costs,delays or damages,whether direct or indirect, resulting from Contractor initiated changes in the work activities from those in the original Contract Specifications, Design Standards (including traffic control plans)or other Contract Documents. 2. The Department reserves the right to reject any Altemative Traffic Control Plan. Obtain Project Manager's written approval before beginning work using an alternate TCP. Project Manager's written approval is required for all modifications to the TCP. Project Manager will only allow changes to the TCP in an emergency without the proper documentation. E. Traffic Control. 1. Standards a. FDOT Design Standards are the minimum standards for the development of all traffic control plans.The MUTCD Part VI is the minimum national standard for traffic control for highway construction,.maintenance, and utility operations. Follow the DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C basic principles and minimum standards contained in these documents for the design, application, installation, maintenance, and removal of all traffic control devices,warning devices,and barriers necessary to protect the public and workers from hazards within the project limits. 2. Maintenance of Roadway Surfaces a. Maintain all lanes used for the maintenance of traffic, including those on detours and temporary facilities, under all weather conditions. Keep the lanes reasonably free of dust, potholes, and rutting. Provide the lanes with the drainage facilities necessary to maintain a smooth riding surface under all weather conditions. 3. Number of Traffic Lanes a. Maintain one lane of traffic in each direction. Maintain two lanes of traffic in each direction at existing four(or more)lane crossroads,where necessary to avoid undue traffic congestion. Construct each lane used for maintenance of traffic at least as wide as the traffic lanes existing in the area before commencement of Work. Do not allow traffic control and warning devices to encroach on lanes used for maintenance of traffic. b. Project Manager may allow the Contractor to restrict traffic to one-way operation for short periods. The Contractor employs adequate means of traffic control and does not unreasonably delay traffic. When a work activity requires restricting traffic to one-way operations, locate the flaggers within view of each other when possible. When visual contact between flaggers is not possible,equip them with 2 way radios, official,or pilot vehicle(s), or use traffic signals. 4. Crossings and Intersections a. Provide and maintain adequate accommodations for intersecting and crossing traffic. Do not block or unduly restrict any road or street crossing a work zone unless approved by the Project Manager.Maintain all existing actuated or traffic responsive mode signal operations for main and side street movements for the Contract duration. Restore any loss of detection within 12 hours. Use only detection technology listed on the FDOT Approved Products List(APL)and approved by the Project Manager,to restore detection capabilities. b. Before beginning any work, provide Project Manager with a plan for maintaining detection devices for each intersection and the name(s) and phone numbers of persons that can be contacted when signal operation malfunctions. 5. Access for Residences and Businesses a. Provide continuous access to all residences and all places of business. 6. Protection of the Work from Injury by Traffic a. Where traffic would be detrimental to a base, surface course, or structure constructed as a part of the Work, maintain all traffic outside the limits of such areas until the potential for injury no longer exists. 7. Flagger: a. Provide trained flaggers in accordance with the Public Works Manual. 8. Conflicting Pavement Markings: a. Where the lane use or where normal vehicle paths are altered during work, remove all pavement markings (paint, tape, thermoplastic, raised pavement markers, etc.) that will conflict with the adjusted vehicle paths. Use of paint to cover conflicting pavement markings is prohibited. Remove inconsistent pavement markings using a method that will not damage the surface texture of the pavement and which will DocuSign Envelope ID:236FB507-OC7F-40F7-9FAE-F9B675EFCD7C eliminate the previous marking pattern regardless of weather and light conditions. 1) Remove all pavement markings that will be in conflict with "next phase of operation"vehicle paths as described above, before opening to traffic. 2) Cost for removing conflicting pavement markings (paint, tape, thermoplastic, raised pavement markers,etc.)to be included in the pay items listed in the work document. No separate payment will be made. 9. Vehicle and Equipment Visibility: a. Equip all pickups and automobiles used on the Project with a minimum of one Class 2 amber or white warning light that meets the Society of Automotive Project Managers Recommended Practice SAE J845 dated March, 1992 or SAE J1318 dated April 1986 and incorporated herein by reference, that is unobstructed by ancillary vehicle equipment such as ladders, racks or booms. If the light is obstructed, additional lights will be required. The lights shall be operating when a vehicle is in a work area where a potential hazard exists when operating the vehicle at less than the average speed for the facility while performing work activities, making frequent stops or called for in the plans or Design Standards. 1) Equip all other vehicles and equipment with a minimum of 4 square foot of reflective sheeting or flashing lights. 2) To avoid distraction to motorists, do not operate the lights on the vehicles or equipment when the vehicles are outside the clear zone or behind a barrier. 10. No Waiver of Liability: a. Conduct operations in such a manner that no undue hazard results due to the requirements of this Article.The procedures and policies described herein in no way act as a waiver of any terms of the Contractor's liability or his surety. F. Detours. 1. General:Traffic may be detoured only upon approval of the Director of the Public Works Department. Construct and maintain detour facilities wherever it becomes necessary to divert traffic from any existing roadway or bridge or wherever work operations block traffic flow. Contractor must submit an MOT plan before the closure of roads for review and approval. 2. Construction: Plan, construct, and.maintain detours for the safe passage of traffic in all weather conditions. Provide the detour with all facilities necessary to meet this requirement. 3. Construction Methods: Select and use construction methods and materials that provide a stable and safe detour facility. Construct the detour facility to have sufficient durability to remain in good condition, supplemented by maintenance, for the entire period that the detour is required. 4. Removal of Detours:Remove detours when they are no longer needed.Take ownership • of all materials from the detour and dispose of them. 5. Detours Over Existing Roads and Streets:When the Department specifies that traffic is detoured over roads or streets outside the work area, do not maintain such roads or streets. However, maintain all signs and other devices placed for the purpose of the detour. G. Traffic Control Officer. 1. Provide uniformed law enforcement officers, including marked law enforcement vehicles,to assist in controlling and directing traffic in the work zone when the following types of Work is necessary on projects: DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C a. Traffic control in a signalized intersection when signals are not,in use. b. When FDOT Index 619 of the Design Standards is used on Interstate at nighttime. c. When pacing/rolling blockade specification is used. H. Driveway Maintenance. 1. General: Ensure that each residence and or business has safe,stable, and reasonable access. 2. Construction Methods: Place, level, manipulate,compact, and maintain the material,to the extent appropriate for the intended use. a. As permanent driveway construction is accomplished at a particular location, the Contractor may salvage and reuse previously placed materials that are suitable for reuse on other driveways. I. Temporary Traffic Control Devices. 1. Installation and Maintenance a. Install and maintain temporary traffic control devices as detailed in Index 600 of the FDOT Design Standards and when applicable, in accordance with the approved vendor drawings,as provided on the FDOT Qualified Products List(QPL). Erect the required temporary traffic control devices to prevent any hazardous conditions and in conjunction with any necessary traffic re-routing to protect the traveling public and workers and safeguard the work area. Use only those devices that are on the FDOT QPL or the FDOT APL. Immediately remove or cover any devices that do not apply to existing conditions. b. All temporary traffic control devices must meet the National Cooperative Highway Research Program Report 350 (NCHRP 350) requirements and current FHWA directives. c. Ensure that the FDOT QPL number is permanently marked on the device at a readily visible location. d. Notify the project manager of any scheduled operation that will affect traffic patterns or safety,sufficiently before commencing such operation to permit their review of the plan for the proposed installation of temporary traffic control devices. e. Ensure an employee is assigned the responsibility of maintaining the position and condition of all temporary traffic control devices throughout the Work. Keep the Project Manager advised at all times of the identification and means of contacting this employee.on a 24-hour basis. f. Keep temporary traffic control devices in the correct position, properly directed, clearly visible and clean, at all times. Ensure that all traffic control devices meet acceptable standards as outlined in American Traffic Safety Services Association (ATSSA's) "Quality Standards for Work Zone Traffic Control Devices". Immediately repair, replace or clean damaged defaced or dirty devices. 2. Work Zone Signs a. Provide signs in accordance with the FDOT Design Standards. Meet the requirements of FDOT Sub articles 700 2.6 and 700 5.5. Provide Federal Highway Administration's(FHWA)accepted sign substrate for use with accepted sign stands on the National Highway' System (NHS) under the provisions of the National Cooperative Highway Research Program (NCHRP) Report 350 "Recommended Procedures for the Safety Performance Evaluation of Highway Features." 3. High Intensity Flashing Lights: Furnish Type B lights in accordance with the FDOT Design Standards. DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C 4. Warning/Channelizing Devices: Furnish-warning/channelizing devices in accordance with the FDOT Design Standards. a. Reflective Collars for Traffic Cones: Use cone collars at night designed to fit the taper of the cone when appropriately installed. Place the upper 6 inches collar a uniform 3 1/2 inch distance from the top of the cone and the lower 4-inch collar a uniform 2-inch distance below the bottom of the upper 6-inch collar. Ensure that the collars can be removed for temporary use or attached permanently to the cone in accordance with the manufacturer's recommendations. Provide a white sheeting having a smooth outer surface with the property of a retroreflector over its entire surface. b. Barrier Wall (Temporary): Furnish, install, maintain, remove and relocate a temporary barrier wall in accordance with the Design Standards. Ensure that temporary concrete barrier wall for use on roadway sections, complies with FDOT Index 415 or 414 of the Design Standards. Ensure that temporary concrete barrier walls for use on bridge and wall sections comply with FDOT Index 414 of the Design Standards.Ensure that temporary water filled barrier wall used on roadway sections conforms to the requirements of the pre-approved alternatives listed on FDOT QPL, unless otherwise called for by the Project Manager. Ensure that proprietary barrier walls for use on roadway sections meet NCHRP Report 350 criteria and be identified on FDOT QPL. Barriers meeting the requirements of FDOT Index 415 of the Design Standards or temporary water filled barriers on FDOT QPL will not be accepted as an alternate to barriers meeting the requirements of FDOT Index 414 of the Design Standards. 5. Temporary Vehicle Impact Attenuator (Crash Cushion) (Redirect/Inertia): Furnish, install, maintain and subsequently remove temporary vehicular impact attenuators in accordance with the Design Standards and requirements of, the pre-approved alternatives listed on FDOT QPL.Maintain the attenuators until their authorized removal. Repair all attachment scars to permanent structures and pavements after attenuator removal. Make necessary repairs due to defective material, Work, or Contractor operations at no cost to the Department. Restore attenuators damaged by the traveling public within 24 hours after notification as authorized by Project Manager. 6. Guardrail (Temporary): Furnish guardrail (temporary) in accordance with the plans and Design Standards.Meet the requirements of PWWM Construction Specifications,Article 536. 7. Advance Warning Arrow Panel: Furnish advance warning panels that meet the requirements of FDOT,Section 990'as required by the FDOT Design Standards to advise approaching traffic of lane closures or shoulder work. 8. Portable Changeable (Variable) Message Sign (PCMS): Furnish changeable (variable) message signs that meet the requirements of FDOT Section 990 as required by the Design Standards to supplement other temporary traffic control devices used in work zones. 9. A truck-mounted PCMS may be-used as stand-alone maintenance of traffic device only when used for accident or incident management situations as defined in the MUTCD and is listed on FDOT APL. 10. Portable Regulatory Signs(PRS): a. Furnish portable regulatory signs that meet the requirements of FDOT Section 990 as required by the FDOT Design Standards. DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C b. Activate portable regulatory signs only during active work activities and deactivate when no work is being performed. 11. Radar Speed Display Unit(RSDU): a. Furnish radar speed display units that meet the requirements of FDOT Section 990 as required by the FDOT Design Standards to inform motorists of the posted speed and their actual speed. b. Activate the radar speed display unit only during active work activities and deactivate when no work is being performed. 12. Temporary Traffic Control Signals: a. Furnish, install and operate temporary traffic control signals as indicated in the FDOT Design Standards. Temporary traffic control signals will consist of either portable or fixed traffic signals. b. Provide portable traffic signals that meet the requirements of FDOT Index 603-2 of the Design Standards and are listed on FDOT APL. Project Manager may approve used signal equipment if it is in acceptable condition. 13. Trucks and Truck Mounted Impact Attenuators a. Furnish, install and maintain only those attenuators that meet the requirements of NCHRP 350. Include the cost of trucks and truck-mounted impact attenuators in the pay items listed in the working document. No separate payment will be made. b. Use Truck Mounted Attenuators (TMA) when called for in the FDOT Design Standards. Limit TMA's to those items listed on the FDOT QPL. c. Use truck-mounted attenuator systems designed and installed according to the manufacturer's recommendations. d. Equip the TMA cartridge with lights and reflectors in compliance with applicable Florida motor vehicle laws, including turn signals, dual taillights, and brake lights. Ensure that lights are visible in both the raised and lowered positions if the unit can be raised. e. Ensure that the complete unit is painted DOT yellow(Fed. Std. 595 b, No. 13538). Stripe the rear-facing of the cartridge in the operating position with the alternating 6 inch white and 6-inch safety orange 45-degree striping to form an inverted"V"at the center of the unit and slope down and toward the outside of the unit,_in both directions from the center. Ensure the bottom of the cartridge has the same pattern, covering the entire base with 6-inch white and 6-inch safety orange stripes. Use Type III reflectorized sheeting for striping. f. The trucks and truck-mounted impact attenuators will not be paid for separately but will be included in the items listed in the work document. No separate payment will be made. The. Contractor is responsible for all costs, including furnishing, maintaining, and removal when no longer required, and all materials, labor, tools, equipment, and incidentals required for attenuator maintenance. J. Work Zone Pavement Marking. 1. Description a. Furnish and install Work Zone Pavement Markings for maintenance of traffic in work areas. Meet the requirements of retroreflectivity as stated in FDOT Subarticle 710 4.3. b. Use pavement marking materials that contain no lead or chromium compounds. Manufacturers seeking product approval must furnish certified test reports showing the Work Zone Pavement Marking material meets the requirements of this Article. DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C c. Centerlines, lane lines, edgelines, stop bars and turn arrows in work zones will be required in accordance with the MUTCD with the following additions: 1) Install edgelines on paved shoulders. 2) Place edgelines on all detours where vehicle paths are altered from normal operations and where a lane is narrowed from its normal width for any reason. 3) Apply Work Zone Pavement Markings, including arrows and messages as determined by the Project Manager to be required for the facility's safe operation, before the end of the day if the highway is open to traffic. Channelizing devices may be used to direct traffic during the day before placing the Work Zone Pavement Markings. 4) Unless otherwise approved by the Project Manager, work Zone Pavement Markings shall be water bome paint. d. The most common types of Work Zone Pavement Markings are water-borne paint, and other types of Work Zone Pavement Markings need Project Manager approval. 2. Removable Tape: Removable tape is not allowed.. 3. Work Zone Raised Pavement Markers (WZRPM's): Apply all markers in accordance with FDOT Index 600 of the Design Standards. 4. Paint and Glass Beads: Meet the requirements of FDOT Section 710. K. Method of Measurement. 1. General: Payment shall be full compensation for all Work and costs specified under this Section including furnishing, installing,operating, maintaining and removing all required traffic control devices, signs, warning devices, barriers and other MOT devices or requirements not specifically covered for payment under separate MOT items. Such price and payment shall constitute full compensation for furnishing(including hardware, lights and posts if required), installing, relocating, maintaining, and removing of temporary traffic control devices. Non-regular work may be required on specific Work due to anticipated traffic impacts,and no additional compensation will be made for non- regular MOT work. 2. Basis of Payment. a. Maintenance of Traffic(General Work All): Work under MOT will be paid for under the pay items listed in the bid price proposal.When the proposal does not include a separate item for MOT, all Work and incidental costs specified as being covered under this section will be paid from an appropriate dedicated allowance. b. The City will reimburse the Contractor for the services of City of Miami Beach uniformed law enforcement officers authorized to serve as traffic control officers to control or direct traffic in the work zone as part of the City approved Traffic Control Plan and Maintenance of Traffic provided by Contractor pursuant to the Contract Documents. 1) Payment will be made at invoice cost from an appropriate dedicated allowance established by the City.The necessary invoices and documentation must be submitted to the project manager and payment request. 2) Payment will be made only for those Traffic Control Officers specified in the Traffic Control Plan and authorized by the Project Manager. c. Payment for traffic control devices: 1) Payment will be made under the items listed in the bid price proposal.When the proposal does not include a separate pay item for traffic control devices, all devices and incidental costs specified as being covered under this Section will DocuSign Envelope ID:236FB507-OC7F-40F7-9FAE-F9B675EFCD7C be included for payment under the several scheduled items of the overall Contract, and no separate payment will be made therefore. d. Payment will be made under the following item(s), as approved by the Project Manager: Item No. • Description Unit 102-60A Work Zone Signs EAIDAY 102-74-1 Barricades(Temporary—Types I, II,VP&DRUM EA/DAY 102-75-PH2 Construction Signs EAIDAY 102-76 Advance Warning Arrow Panel EAIDAY 102-77 High Intensity Flashing Lights,Temporary Type BEA/DAY 102-99 Portable Changeable Message Sign EA/DAY 3.03 LIMITATION OF OPERATIONS A. Page 80, Subarticle 8-4—Limitations of Operations: Is expanded to include the following: 1. Night Work. a. At the discretion of the City,the Work for this Project may be done during night time. Minor construction activities not impacting travel lanes on Major Thoroughfares may be performed during day time upon request by the Contractor and subject to approval by the City. Such approval, however, may be revoked at any time by the City if the Contractor fails to maintain adequate equipment, and supervision for the proper execution and control of the Work pursuant to FDOT Subarticle 8-4.1. b. For this Section,the term"night" shall mean the period from 8:00 p.m.to 5:00 a.m. weekdays. 2. Prior written approval from the City, as specified in this Article, is not required for the performance of Work that is necessary for proper care, maintenance, and protection of Work already done,or in cases when the Work would otherwise be endangered or when hazard to life or property would result, in which case the Contractor must inform the Project Manager at the earliest possible opportunity of the same. 3. Work performed without the prior written approval of the Project Manager and an Project Manager's duly authorized inspector may be declared defective solely because it was not properly inspected. • 4. The Contractor shall conform to all applicable laws, regulations, or ordinances with regard to labor employed, hours of Work, and general operations. 3.04 INSTALLATIONS A. Construction 1. Product Submittals: Prior to installation,submit pattern and color samples to the Project Manager for confirmation that the product meets the pattern and color specified in the Plans. Do not begin installation until acceptance by the Project Manager. 2. Pavement Cuts: Complete all utility,traffic loop detector,and other items requiring a cut and installation under the finished surface, prior to product installation. 3. Surface Protection: Protect treated surfaces from traffic and environmental effects until the product is completely installed, including drying and curing according to the manufacturer's instructions. 4. Installation Acceptance: a. For installation on new asphalt roadways, apply patterned pavement a minimum of 14 days after placement of the adjacent pavedment. DocuSign Envelope ID:236FB507-OC7F-40F7-9FAE-F9B675EFCD7C b. Upon completion of the installation, the Project Manager will check the area at random locations for geometric accuracy. If any of the chosen areas are deficient, correct the entire patterned area at no additional cost to the Department. c. Provide certification that the patterned pavement was installed in accordance with the manufacturer's requirements. d. All permanent products installed in accordance with this solicitation shall be guaranteed for a'minimum of 36 months. B. Method of Measurement. a. The quantity to be paid will be the installed quantities in square feet of patterned pavement, completed and accepted. Deductions for unpaved areas will be accounted for in the measurement except for areas occupied by manholes, inlets, drainage structures, or by any public utility appurtenances within the area. C. Basis of Payment. 1. Price and payment will be full compensation for all Work specified in,this Article. 2. Payment will be made under: a. Item No.523 per square feet. 3.05 GREEN-COLORED PAVEMENT(Line items 1 —4) A. Description 1. Green-colored bicycle lanes maybe used when the need to enhance the conspicuity of bicycle/vehicular conflict areas is demonstrated. Use products that meet the specifications published by the Federal Highway Administration (FHWA), Interim Approval IA.14, dated April 15, 2011, for the use of green colored pavement marked bicycle lanes through intersections and other traffic conflict areas. 2. For this Specification, patterned pavements are defined as a post applied surface marking overlay to either the pavement surface or to an imprinted pavement surface. Vehicular traffic areas are limited as those subject to vehicles within the traveled way, shoulders and auxiliary lanes. Non-vehicular travel areas include medians,islands,curb extensions, sidewalks, borders, plazas and other areas typically subject to foot traffic only. 3. Install overlay products in areas subject to vehicular traffic to a thickness not exceeding 180 mils. Do not use products requiring removal of pavement or requiring blackouts or trenches below the top of the pavement. 4. Variations within a pattern shall comply with Americans with Disabilities Act (ADA) requirements. B. Materials 1. Materials used to color the bicycle lane green must be retroreflective and in compliance with: a) FDOT Specification 523 and Patterned Pavement b) For products proposed for use as a bike lane application, independent testing verifying that the material can meet the color as identified in April 15, 2011, Interim Approval for Optional use of Green Colored Pavement for Bike Lanes, Interim Approval (IA-14) Memorandum Valid Under the 2009 MUTCD (http://mutcd.fhwa.dot.gov/resources/interim_approval/ial4/ial4grnpmbiketlanes.p df). c) Material coatings used to achieve the pattern and color shall produce an adherent, weather-resistant, skid-resistant, wear-resistant surface under service conditions. DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C Color shall be integral and consistent throughout the installation. The composition of materials is intended to be left to the manufacturer's discretion. d) Materials shall be characterized as non-hazardous as defined by Resource Conservation and Recovery Act (RCRA), Subpart C, Table 1 of 40 CFR 261.24 "Toxicity Characteristic".Materials shall not exude fumes which are hazardous,toxic or detrimental to persons or property. e) For products proposed for use in vehicular traffic areas, independent test data verifying the material meets the requirements of this Section including verification that the product, installed in accordance with the manufacturer's specifications and procedures, has been tested in accordance with either: • a) ASTM E-274, Skid Resistance of Paved Surfaces using a standard ribbed full scale tire at a speed of 40 mph (FN40R), and has a minimum FN40R value of 35, or b) ASTM E-1911, Measuring Paved Surface Frictional Properties Using the Dynamic Friction Tester(DFT), at a speed of 40 mph (DFT40), and has a minimum DFT40 value of 40. c) Or equivalent friction coefficient f) For products proposed for use in non-vehicular traffic areas, independent test data verifying the material meets the requirements of this Section including verification that the product, installed in accordance with the manufacturer's specifications and procedures, has been tested in accordance with ASTM E-303 using the British Pendulum Tester and has a British Pendulum Number(BPN)of at least 40. 2. Performance Requirements for Products in Vehicular Travel Areas: In addition to the submittal requirements, approval will be contingent on a field service test demonstrating that the patterned pavement product meets the following performance measures at the end of three years from opening to traffic: 1) The average thickness shall be a minimum of 50%of the original thickness. 2) Wearing of the material coating shall not expose more than 15% of the underlying surface area as measured within the traveled way. 3) Friction performance of patterned/textured pavement materials shall meet or exceed one of the following test method values: a) FN40R value of 35 in accordance with ASTM E-274; or, b) DFT40 value of 40 in accordance with ASTM E-1911. Manufacturers shall provide a field service test installation of each product within a marked crosswalk on a roadway with an ADT of 6,000 to 12,000 vehicles per day per lane, on a site approved by the Department. The test installation shall be a minimum six feet wide and extend from pavement edge to pavement edge across all traffic lanes and shoulder pavement at the crosswalk location.The manufacturer shall test the test installation in accordance with FM 5-592. 3.06 RED-COLORED PAVEMENT(Line items 5—8) A. Description 1. Red-colored bicycle lanes may be used when the need to enhance the conspicuity of bicycle/vehicular conflict areas is demonstrated. Use products that meet the specifications published by the Federal Highway Administration (FHWA), Interim Approval IA.14, dated April 15, 2011, for the use of green colored pavement marked bicycle lanes through intersections and other traffic conflict areas. DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C 2. For this Specification, patterned pavements are defined as a post applied surface marking overlay to either the pavement surface or to an imprinted pavement surface. Vehicular traffic areas are limited as those subject to vehicles within the traveled way, shoulders and auxiliary lanes.Non-vehicular travel areas include medians,islands,curb extensions, sidewalks, borders, plazas and other areas typically subject to foot traffic only. 3. Install overlay products in areas subject to vehicular traffic to a thickness not exceeding 180 mils. Do not use products requiring removal of pavement or requiring blackouts or trenches below the top of the pavement. 4. Variations within a pattern shall comply with Americans with Disabilities Act (ADA) requirements. B. Materials 1. Materials used to color the bicycle lane green must be retroreflective and in compliance with: a) FDOT Specification 523 and Patterned Pavement b) For products proposed for use as a bike lane application, independent testing verifying that the material can meet the color as identified in April 15, 2011, Interim Approval for Optional use of Green Colored Pavement for Bike Lanes, Interim Approval (IA-14) Memorandum Valid Under the 2009 MUTCD (http://mutcd.fhwa.dot.gov/resources/interim_approval/ia14/ial4grnpmbiketlanes.p df). c) Material coatings used to achieve the pattern and color shall produce an adherent, weather-resistant, skid-resistant, wear-resistant surface under service conditions. Color shall be integral and consistent throughout the installation. The composition of materials is intended to be left to the manufacturer's discretion. d) Materials shall be characterized as non-hazardous as defined by Resource Conservation and Recovery Act (RCRA), Subpart C, Table 1 of 40 CFR 261.24 "Toxicity Characteristic".Materials shall not exude fumes which are hazardous,toxic or detrimental to persons or property. e) For products proposed for use in vehicular traffic areas, independent test data verifying the material meets the requirements of this Section including verification that the product, installed in accordance with the manufacturer's specifications and 'procedures, has been tested in accordance with either: a) ASTM E-274, Skid Resistance of Paved Surfaces using a standard ribbed full scale tire at a speed of 40 mph (FN40R), and has a minimum FN40R value of 35, or b) ASTM E-1911, Measuring Paved Surface Frictional Properties Using the Dynamic Friction Tester(DFT), at a speed of 40 mph (DFT40), and has a minimum DFT40 value of 40. c) Or equivalent friction coefficient f) For products proposed for use in non-vehicular traffic areas, independent test data verifying the material meets the requirements of this Section including verification that the product, installed in accordance with the manufacturer's specifications and procedures, has been tested in accordance with ASTM E-303 using the British Pendulum Tester and has a British Pendulum Number(BPN)of at least 40. 2. Performance Requirements for Products in Vehicular Travel Areas: In addition to the submittal requirements, approval will be contingent on a field DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C service test demonstrating that the patterned pavement product meets the following performance measures at the end of three years from opening to traffic: 4) The average thickness shall be.a minimum of 50%of the original thickness. 5) Wearing of the material coating shall not expose more than 15% of the underlying surface area as measured within the traveled way. 6) Friction performance of patterned/textured pavement materials shall meet or exceed one of the following test method values: a) FN40R value of 35 in accordance with ASTM E-274;or, b) DFT40 value of 40 in accordance with ASTM E-1911. Manufacturers shall provide a field service test installation of each product within a marked crosswalk on a roadway with an ADT of 6,000 to 12,000 vehicles per day per lane, on a site approved by the Department. The test installation shall be a minimum six feet wide and extend from pavement edge to pavement edge across all traffic lanes and shoulder pavement at the crosswalk location.The manufacturer shall test the test installation in accordance with FM 5-592. 3.07 "OTHER-COLORED" COLOR SURFACE TREATMENT (CST) PAVEMENT (Line items 9— 12) A. Description Under this work, the Contractor shall furnish and apply CST at the location and in accordance with patterns as specified on provided project task order and/or plans or as ordered by the City's project manager and in conformance with these.specifications. B. Materials • Be VOC compliant and lead chromate free. • Not contain 0.1% or more of any chemical listed by the International Agency for Research on Cancer (IARC), the National Toxicology Program (NTP), or regulated by the US Occupational Safety and Health Administration(OSHA)as a carcinogen. • Conform to current Federal,State and Local air pollution regulations, including those for the control(emission)of volatile organic compounds(VOC). • Be packaged and stored in accordance with the manufacturer's instructions and requirements for shelf life and storage conditions in original unopened containers.Shipping documents and containers shall have identification numbers or batch dates for confirmation of when products were manufactured, clearly labeled as to the type material and the ratio of the components to' be mixed by volume as well as showing resin or hardener components, brand name, name of manufacturer, lot or batch number,temperature range for storage, expiration date and the quantity contained. Include any special instructions regarding mixing and the Material Safety Data Sheets. This information shall be made available for inspection at any time. • Colors for each work type shall be approved by the Engineer prior to the material purchase by the Contractor. DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C • Friction aggregate shall be implemented only at the request and approval by the City Project Manager. Friction aggregate shall include only calcined bauxite, corundum, or alternate equal anti-skid aggregate approved by the Engineer.Aggregate used shall have a minimum hardness value of 8.0 per Mohs Hardness Scale and be uniformly applied —providing a surface friction value >60 BPN over the entire surface. • Friction aggregate size shall be between 0.8-1.2mm for bicycle facilities and 1.0-3.0mm for bus facilities and walking facilities. C. Approved Materials Only products with a Manufacturer's certification that the product meets the requirements of this specification, or a Product approved equal as determined by the City, are deemed acceptable for use. All materials shall be pre-approved by City's Project Manager prior to purchase. D. Defective Results, CST, which after application and curing is determined by the City's Project Manager to be defective and not in conformance with this specification, shall be repaired. Repair of defective CST shall be the responsibility of the Contractor and shall be performed to the satisfaction of the City's Project Manager as follows: 1. Insufficient film thickness: Repair Method: Prepare the surface of the CST to the satisfaction of the City's Project Manager. Clean and prepare surface. Repair shall be made by reapplying CST over the cleaned surface in accordance with the requirements of this specification at the full thickness. 2. Uncured or discolored CST and/or insufficient bond (to pavement surface or existing durable marking): Repair Method: The defective CST shall be completely removed and cleaned to the underlying pavement surface to the satisfaction of the City's Project Manager. After surface preparation work is complete, repair shall be made by reapplying color over the cleaned pavement surface in accordance with the requirements of this specification. 3. Insufficient coefficient of friction as determined by the Engineer: Repair Method: The defective CST shall be removed and cleaned to the underlying pavement surface or re-coated with CST and friction aggregate —with both repair method and method approved by the City's Project Manager. After surface preparation work is complete, repair shall be made by reapplying color over the cleaned pavement surface in accordance with the requirements of this specification. DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C Other defects not noted above,but determined by the City's Project Manager to need repair, shall be repaired or replaced as directed by and to the satisfaction of the City's Project Manager. All work in conjunction with the repair or replacement of defective color shall be performed at the Contractor's expense. 3.08 STANDARD PAINT(Line items 13.16) A. Description — Standard paints shall include water-reducible products that are single packaged and ready mixed.The paint shall have the capability of being cleaned and flushed from the pavement marking machines using regular tap water and any required rust inhibitors. The manufacturer shall have the option of formulating the paint according to his own specifications. However, the requirements delineated in the FDOT Specifications Section 710 shall apply regardless of the type of formulation used. The paint shall be free from all skins, dirt and foreign objects. B. Materials — Materials to comply with FDOT specifications section 971-3.2 composition for Standard Paint. 3.09 EDGE LINE MARKING (Line items 17) A. Description 1. The edge line pavement marking defines or delineates the edge of a roadway (MUTCD, Sections 3B.06 and 3B.07)(Figure 9). It provides a visual reference to guide motorists and helps reduce drifting onto the shoulder and roadside area. 2. Edge line markings are a solid white line at the right edge of the travel lane. B. Use only materials that comply with the following FDOT specification sections as applicable, excluding requirements for products to be listed on the FDOT approved products lists(APL): i. Raised Retroreflective Pavement Markers and Bituminous Adhesive Section 970 ii. Standard Paint 971-1 and 971-3 iii. Durable Paint 971-1 and 971-4 iv. Glass Spheres 971-1 and 971-2 v. Patterned Pavement 523 3.10 SPECIAL MARKING (Line Items 18-21): A. Description 1. Green Shared lane markings, or "Green Sharrows" are optional pavement markings used to indicate a shared environment for bicycles and motor vehicles. Install a road marking in the form of two inverted V-shapes above a bicycle, indicating which part of a road should be used by cyclists when the roadway is shared with motor vehicles (sharrow marking)See Appendix B for symbol detail.The symbol shall fit within a green square as shown in Appendix B. The color shall be in compliance with the color as identified in April 15, 2011, Interim Approval for Optional use of Green Colored Pavement for Bike Lanes, Interim Approval(IA-14)Memorandum Valid Under the 2009 MUTCD. 2. Bike-Only Lane Symbol which shall consist of white symbol of a bicycle marked in the center of the lane in advance of a white forward pointing vertical arrow. See Appendix B for symbol detail. DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C 3. Bicycle Detector Symbol. See Appendix B for symbol detail. 4. Red-Colored Pavement for Transit Lanes are used optionally to enhance the conspicuity of station stops, travel lanes, or other locations in the roadway that are reserved for(1)the exclusive use by public transit vehicles or(2) multi-modal facilities where public transit is the primary mode (collectively referred to hereinafter as"transit lanes"). Red-colored transit lanes shall comply with the MUTCD-Interim Approval for Optional Use of Red-Colored Pavement for Transit Lanes (IA-22) (https://mutcd.fhwa.dot.00v/resources/interim approval/ia22/ia22.pdf). 5. Other Application of Colored Pavement may be requested by the City for use in crosswalks, plazas, promenades, bullb-outs,and other special applications. B. Use only materials that comply with the following specification sections as applicable, excluding requirements for products to be listed on the FDOT approved products lists (APL): i. Raised Retroreflective Pavement Markers and Bituminous Adhesive Section 970 ii. Standard Paint 971-1 and 971-3 iii. Durable Paint 971-1 and 971-4 iv. Glass Spheres 971-1 and 971-2 v. Patterned Pavement 523 C. Construction 1. Product Submittals: Prior to installation,submit pattern and color samples to the Project Manager for confirmation that the product meets the pattern and color specified in the Plans. Do not begin installation until acceptance by the Project Manager. 2. Pavement Cuts: Complete all utility,traffic loop detector, and other items requiring a cut and installation under the finished surface prior to product installation. 3. Surface Protection: Protect treated surfaces from traffic and environmental effects until the product is completely installed, including drying and curing according to the manufacturer's instructions. 4. Installation Acceptance: a. For installation on new asphalt roadways, apply patterned pavement a minimum of 14 days after placement of the adjacent pavement. b. Upon completion of the installation, the Project Manager will check the area at random locations for geometric accuracy. If any of the chosen areas are deficient, correct the entire patterned area at no additional cost to the Department. c. Provide certification that the patterned pavement was installed in accordance with the manufacturer's requirements. D. Method of Measurement. 1. The quantity to be paid will be the installed quantities in square feet of patterned pavement,completed and accepted. No deduction will be made for areas occupied by landscaping, manholes, inlets, drainage structures, or by any public utility appurtenances within the area. 3.11. ROADMAP FOR PROJECTS AWARDED ON A TIME AND MATERIALS BASIS (GROUP II Line Items 22-25) A. In order to fully service the requirements of City Departments, the following services are required to be bid for Group 1. DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C B. Material requirements for work awarded on a time and material basis may be consistent with the materials specified herein or may require alternate specifications (to be determined at the time work is needed)at the sole discretion and approval of the City. C. Repairs shall not be performed unless the Contract Administrator or the City designee expressly authorized. D. Project Estimate shall be requested to Contractor prior to performance of any repair work. Cost estimates (quotes) shall be requested to Contractor prior to the performance of any repair work.Quotes will be provided at no additional cost to the City.Cost estimates for Non— Emergency projects shall be provided within two(2)days,and cost estimates for Emergency projects shall be provided within one (1) day. Refer to 3.12 for additional information regarding Emergency Services. E. Repairs shall be performed at the hourly rate specified in the Cost Proposal.The hourly rate specified shall include full compensation for labor,equipment use, and travel time. F. Materials/parts required for repair jobs shall be billed on a percentage above vendor cost or discount off price lists,evidence of said costs shall be submitted with invoice for each repair or service call. Proof of costs shall be printed, properly identified and dated as to issuance and effectiveness. G. Repair services shall be available to the City twenty-four(24)hours a day, seven(7)days a week,year-round.The regular hours shall be from Monday through Friday,8:00 a.m.to 5:00 p.m. Non-regular hours shall be between 5:00 p.m. to 8:00 a.m. weekdays and twenty-four (24)hours on Saturday, Sunday and Legal holidays. H. Repairs cost.All invoices for repairs shall itemize the cost of labor, materials/parts, including the hourly rate,number of work hours required to complete the work,contractor's actual cost for materials,and mark-up or discount. I. All invoices for repairs shall itemize the cost of labor, materials/parts, including the hourly rate, number of work hours required to complete the work, contractor's actual cost for materials, and mark-up or discount. 3.12. EMERGENCY SERVICES. (Line Item 26) Emergency Services are defined as services that are not included within the Regular Response time group. These services may include, but are not limited to, natural disasters, pandemics, or evacuation efforts and shall be based on an as needed basis (per service rate). A two (2) hour response time shall be required for emergency services. Contractors may be contacted on occasion in response to a natural disaster or other disaster at the proposed per service rates.The City reserves the right to exercise its discretion in determining what time the contract will be activated. ALL WORK SHALL BE COMPLETED IN ACCORDANCE WITH FEMA REGULATIONS AND APPLICABLE ENVIRONMENTAL REQUIREMENTS. The City may request additional work subject to mutual agreement.The cost and expenses will be submitted to the City for approval in a cost proposal by the Contractor 4.SPECIAL CONDITIONS 4.1.TERM OF CONTRACT.The Contract(s) entered into with the successful Bidder(s)will have an initial term of three(3)years. DocuSign Envelope ID:236FB507-OC7F-40F7-9FAE-F9B675EFCD7C 4.1.A. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two(2)additional one-year periods subject to the availability of funds for succeeding fiscal years. 4.2. PRICE ADJUSTMENT. On each anniversary of the effective date of the Agreement, the City may consider an adjustment to prices based on the Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the applicable 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. The Contractor's request for adjustment should be submitted 60 days prior to each anniversary of the effective date of the Agreement. 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 to proceed without pricing adjustment. Any adjustment request received after each anniversary of the effective date of the Agreement may not be considered. 4.3.LOCATION OF WORK A. Projects may be assigned at various locations throughout the City,including,but not limited to,Ocean Drive from South Pointe Drive to 5th Street;42nd Street from Pine Tree Drive to Prairie Avenue,and other locations at the City's sole discretion 4.4.PLANS • A. If applicable, plans specific to the Work required will be provided to the Contractor by the City. Standard details are available in the City of Miami Beach Public Works Manual and the latest edition of the Florida Department of Transportation's (FDOT) Design Standards for Design, Construction, Maintenance and Utility Operations on The State Highway System. B. The City through its Project Manager shall have the right to modify the details and/or sketches, to supplement the sketches with additional plans and/or with additional information as work proceeds; all of which shall be considered as plans accompanying these Specifications herein generally referred to as the"Plans."In case of disagreement between the Plans and Specifications,the Project Manager shall make a final determination as to which shall govern. 4.5.TIME OF COMPLETION A. Time for completion will depend on the Work assigned and shall be stipulated in the "Notice to Proceed". B. The effective date of the "Notice to Proceed" will be established during the Preconstruction Coordination Meeting,for each work assignment,which is held after the Award of Contract and which is attended by members of Public Works Department, Transportation Department, the Contractor, representatives of utility companies,and others affected by the Work. 4.6.PERMITS A. Contractor shall be responsible for attaining permits for any work which requires permits. The City will reimburse the Contractor 100%of the cost of the permits only. No administrative fee is allowed to be assessed to the cost of the permits. DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C APPENDIX B M I AM I EAC H SPECIAL MARKINGS ITB 2022-21 1 -AY PAINTING AND STRIPING OF DEDICATED BICYCLE LANES AND RELATED SERVICES- PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C APPENDIX C M I AM I BEACH Cost Proposal Form ITB 2022-21 1 -AY PAINTING AND STRIPING OF DEDICATED BICYCLE LANES AND RELATED SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2022-21 1-AY 31 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C APPENDIX C ELECTRONIC COST PROPOSAL FORM Failure to submit Appendix C, Electronic 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 proposal price form below represents the entire cost,of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein,and that no claim will be made on account of any increase in wage scales, material prices,delivery delays,taxes, insurance,cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix C)shall be completed mechanically.All corrections on the Cost Proposal Form(Appendix C)shall be initialed. GROUP 1 -PAINTING AND STRIPING GREEN BICYCLE LANES,RED-TRANSIT LANES,SPECIAL COLOR PAVEMENT Description Work under this Contract includes furnishing of all supervision, labor, materials,tools,equipment and performing all operations required to Estimated complete these services in accordance Annual Total Item with specifications. Quantity U I M Unit Cost (Quantity_X_Unit_Cost) Permanent Green Paint Up to 10,000 square 1 feet of Work . 10,000 SF $ $ Permanent Green Paint 10,000 to 25,000 2 se uare feet of Work 25,000 SF $ $ Permanent Green Paint 25,000 to 50,000 3 s•uare feet of Work 50,000 SF $ $ Permanent Green Paint Above 50,000 square 4 . feet of Work 100,000 SF $ $ Permanent Red Paint Up to 10,000 square 5 feet of Work 10,000 SF $ $ Permanent Red Paint 10,000 to 25,000 6 s s uare feet of Work 25,000 SF $ $ • Permanent Red Paint 25,000 to 50,000 7 s.uare feet of Work 50,000 . SF $ $ Permanent Red Paint Above 50,000 square 8 feet of Work 100,000 SF $ $ Permanent Other Paint Up to 10,000 square 9 feet of Work 10,000 SF $ $ Permanent Other Paint 10,000 to 25,000 10 s•uare feet of Work 25,000 SF $ $ Permanent Other Paint 25,000 to 50,000 11 s•uare feet of Work 50,000 SF $ $ Permanent Other Paint Above 50,000 square 12 feet of Work 100,000 SF $ $ Standard Paint Up to 10,000 square feet of 13 Work 10,000 SF $ $ Standard Paint 10,000 to 25,000 square feet 14 of work 25,000 SF $ $ Standard Paint 25,000 to 50,000 square feet 15 • of work 50,000 SF $ $ Standard Paint Above 50,000 square feet of 16 Work 65,000 SF $ $ ITB 2022-211-AY 32 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C 17 Edge Line Marking 25,000 SF $ $ 18 Standard Sharrow Symbol 350 EA $ $ 19 _ Green Sharrow Symbol 350 EA $ $ 20 Bike-only Lane Symbol • 100 EA $ $ 21 Bicycle Detector Symbol 60 EA $ $ SUB-TOTAL GROUP 1 (ITEMS 1-21) $ GROUP 2-TIME AND MATERIAL COSTS FOR ADDITIONAL GOODS OR SERVICES NOT SPECIFIED Estimated Total Item Description QuantityU I M Unit Cost (Quantity_X_Unit_ Cost) 22 Hourly Rate(Regular)-Refer to 75 Hourly Rate Section 3.11 $ $ 23 Hourly Rate(Non-regular hours) 50 Hourly Rate —Refer to Section 3.11 $ $ 24 Hourly Rate—Emergency(per 25 Hourly Rate Individual)—Refer to Section 3.12 $ $ (A) (B) (C) (D) State Net Cost If Whether Discount Cost of the% Is offered Item Description Estimated Percentage percentage Listed (A—C=D) No. Annual discount or discount or Or is a Gross Costs mark-up mark-up Discount Net Cost If (A x B.C) or Mark-up Markup is offered (A+C=D) 25 Administrative Mark-up for Parts $5,000 % and Su.'lies $ $ SUB-TOTAL—GROUP 2 (ITEMS 22-25) $ GRAND TOTAL GROUP 1 AND GROUP 2 $ (ITEMS 1-25) ITB 2022-21 1-AY 33 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C APPENDIX D M I AM I BEACH Insurance Requirements ITB 2022-21 1 -AY PAINTING AND STRIPING OF DEDICATED BICYCLE LANES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2022-21 1'-AY 34 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C MIAM BEACH INSURANCE REQUIREMENTS The vendor shall maintain the below required insurance in effect prior to awarding the Contract and for the duration of the Contract. The maintenance of proper insurance coverage is a material element of the Contract and failure to maintain or renew coverage may be treated as a material breach of the Contract,which could result in withholding of payments or termination of the Contract. A. Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this Statute,the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Contractor shall also submit(i)a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this Contract or(ii)a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis,including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence,and$2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile,if vendor has no owned automobiles,then coverage for hired and non-owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Installation Floater Insurance against damage or destruction of the materials or equipment in transit to,or stored on or off the Project Site,which is to be used(installed into a building or structure)in the Project. (City of Miami Beach shall Named as a Loss Payee on this policy,as its interest may appear. This policy shall remain in force until acceptance of the Project by the City.) E. If any excavation work is included in the Contract, it is understood and agreed that Contractor's Liability policy shall not contain exclusion for XCU(Explosion, Collapse and Underground)coverage. Additional Insured-City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies(except Professional Liability and Workers'Compensation)arising out of Work or operations performed on behalf of the Contractor including materials,parts,or equipment furnished in connection with such Work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Contractor's insurance. Notice of Cancellation-Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However,this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers—Insurance must be placed with insurers with a current A.M.Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds(i.e. FWCIGA,FAJUA).Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C Verification of Coverage—Contractor shall furnish the City with original certificates and amendatory endorsements,or copies of the applicable insurance language, effecting coverage required by this Contract. All certificates and endorsements are to be received and approved by the City before Work commences. However,failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements, required by these specifications,at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH c%EXIGIS Insurance Compliance Services P.O. Box 4668—ECM#35050 New York;NY 10163-4668 Kindly submit all certificates of insurance,endorsements,exemption letters to our servicing agent,EXIGIS,at: Certificates-miamibeachla7.riskworks.com Special Risks or Circumstances -The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience,insurer,coverage,or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section.of this agreement. • DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C MIAMI BEACH SOLICITATION TERMS AND CONDITIONS - GOODS (April 13, 2020) 1.GENERAL DISCLAIMERS. a.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 Bids made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Bids,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City.In its sole discretion,the City may withdraw the solicitation either before or after receiving bids,may accept or reject bids,and may accept bids which deviate from the solicitation,as it deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Bids in response to this solicitation. b.The information contained herein is provided solely for the convenience of prospective Bidders.It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation.Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk.Bidders 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 Bid conforming to these requirements will be selected for consideration,negotiation, or approval. c.Bidders are hereby advised that this solicitation is subject to the following ordinances/resolutions(if applicable),which may be found on the City Of Miami Beach website:https://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ •CONE OF SILENCE—SECTION 2-486 •PROTEST PROCEDURES—CODE SECTION 2-371 "DEBARMENT PROCEEDINGS—SECTIONS 2-397 THROUGH 2-485.3 "LOBBYIST REGISTRATION AND DISCLOSURE OF FEES—SECTIONS 2-481 THROUGH 2-406 "CAMPAIGN CONTRIBUTIONS BY VENDORS-SECTION 2-487 "CAMPAIGN CONTRIBUTIONS —SECTION 2-488 "EQUAL BENEFITS FOR DOMESTIC PARTNERS—SECTION 2-373 "LIVING WAGE REQUIREMENT—SECTIONS 2-407 THROUGH 2-410 "FALSE CLAIMS ORDINANCE—SECTION 70-300 •ACCEPTANCE OF GIFTS,FAVORS&SERVICES—SECTION 2-449 2.PUBLIC ENTITY CRIME.A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit a bid on leases of real property to public entity,may not be awarded or perform work as a contractor,supplier,sub-contractor,or consultant under a contract with a public entity,and may not transact business with any public entity in excess of the threshold amount provided in Sec.287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 3.COMPLIANCE WITH THE CITY'S LOBBYIST LAWS.This solicitation is subject to,and all bidders are expected to be or become familiar with,all City lobbyist laws.Bidders shall be solely responsible for ensuring that all City lobbyist laws are complied with,and shall be subject to any and all sanctions,as prescribed therein,including,without limitation,disqualification of their responses,in the event of such non-compliance. 4.DEBARMENT ORDINANCE:This solicitation is subject to,and all bidders are expected to be or become familiar with,the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 5.COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS.This solicitation is subject to,and all bidders are expected to be or become familiar with,the City's Campaign Finance Reform laws,as codified in Sections 2-487 through 2-490 of the City Code.Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions,as prescribed therein,including disqualification of their responses,in the event of such non-compliance. 6.CODE OF BUSINESS ETHICS.Pursuant to City Resolution No.2000-37379,the bidder shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its response or within five(5)days upon receipt of request.The Code shall,at a minimum, require the bidder,to comply with all applicable governmental rules and regulations including,among others,the conflict of interest,lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 7.AMERICANS WITH DISABILITIES ACT(ADA).Call 305-673-7490 to request material in accessible format,sign language interpreters(five (5)days in advance when possible),or information on access for persons with disabilities.For more information on ADA compliance,please call the Public Works Department,at 305-673-7000,Extension 2984. 8.POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will 1 I Solicitation Terms and Conditions—Goods(April 13, 2020) DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C • MIAMI BEACH SOLICITATION TERMS AND CONDITIONS - GOODS (April 13, 2020) make a reasonable effort to give at least three(3)calendar days written notice of any such postponement to all prospective bidders through BidSync. 9.PROTESTS.Any protest concerning the specifications or award of this solicitation shall be in accordance with City Code Section 2-371. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 10.JOINT VENTURES/SINGLE PURPOSE ENTITY.Joint Ventures are not allowed.Bids shall be submitted only by the prime contractor.Bids may,however,identify other subcontractors or sub-consultants to the prime Bidder who may serve as team members. - 11.VETERAN BUSINESS ENTERPRISES PREFERENCE.Pursuant to City Code Section2-374,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 responsive,responsible bidder,by providing such bidder an opportunity of providing said goods for the lowest responsive bid amount(or in this solicitation,the highest 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 solicitation 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.AGREEMENT BY BIDDERS.Any individual that submits a bid in response to this solicitation agrees that any action taken by the City in response to bids made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Bids,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. The City may,at its sole and absolute discretion,reject any and all,or parts of any and all,responses;re-advertise this solicitation;postpone or cancel,at any time,this solicitation process;or waive any irregularities in this solicitation,or in any responses received as a result of this solicitation. Reasonable efforts will be made to either award the bidder the contract or reject all bids within one-hundred twenty(120)calendar days after Bid opening date.In accordance with Section 47 below,a bidder may withdraw itsbid after expiration of one hundred twenty(120)calendar days - - from the date of bid opening,by delivering written notice of withdrawal to the Procurement Department. 13.COSTS INCURRED BY BIDDERS.All expenses involved with the preparation and submission of Bids,or any work performed in connection therewith,shall be the sole responsibility(and shall be at the sole cost and expense)of the bidder,and shall not be reimbursed by the City. 14.OCCUPATIONAL HEALTH AND SAFETY.The bidder warrants to the City that any work,goods,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.My fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 15.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 16.MISTAKES.Bidders are expected to examine the terms,conditions,specifications,delivery schedules,proposed pricing,and all instructions pertaining to the goods relative to this solicitation. Failure to do so will be at the Bidder's risk and may result in the Bid being non-responsive. 17.PAYMENT.Payment will be made by the City after the goods have been received,inspected,and found to comply with contract specifications, free of damage or defect,and are properly invoiced. 18. PATENTS & ROYALTIES. 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. 19.DEFAULT.Failure or refusal of the successful Bidder to execute a contract following approval of such contract by the City Commission,or untimely withdrawal of a bid response before such award is made and approved,may result in a claim for damages by the City,and may be grounds for removing the Bidder from the City's vendor list. 20.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.Lack of knowledge or ignorance by the bidder with/of applicable 2 I Solicitation Terms and Conditions—Goods(April 13, 2020) DocuSign Envelope ID:236FB507-OC7F-40F7-9FAE-F9B675EFCD7C MIAMIBEACH SOLICITATION TERMS AND 'CONDITIONS - GOODS (April 13, 2020) laws will in no way be a cause for relief from responsibility.Bidder agrees that the work and goods provided shall be provided by employees that are educated,trained,experienced,certified,and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation,certification,authorization,license,permit,or registration currently required by applicable laws,rules,and regulations. Bidder further certifies that it and its employees will keep all licenses,permits,registrations,authorizations,or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this.paragraph shall constitute a material breach of this contract. 21.SPECIAL CONDITIONS.Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 22.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, bidder shall prohibit discrimination by reason of race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,disability,marital and familial status,age,ancestry,height,weight,domestic partner status,labor organization membership,familial situation,and political affiliation. 23.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 as described in this solicitation. C. Bidders must be able to demonstrate a good record of performance fora reasonable period of time,and have sufficient financial capacity, equipment,and organization to ensure that they can satisfactorily perform the goods if awarded a contract under the terms and conditions of this solicitation. 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. 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 bidder to show proof that it has 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 comply with contractual obligations 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. 24.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. 25.LAWS,PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses,permits,and inspection fees required to complete the work and shall comply with all applicable laws. 26.OPTIONAL CONTRACT USAGE.When the successful Bidder 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. 27.VOLUME OF WORK.To the extent applicable,it is the intent of the City to purchase the goods specifically listed in this solicitation. However, the City reserves the right to purchase any goods awarded from State or other governmental contracts,or on an as-needed basis through the City's spot market purchase provisions. 26.DISPUTES.In the event of a conflict between the documents,the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation;then • B. Addendum issued for this solicitation,with the latest Addendum taking precedence;then C. The solicitation;then D. The bidder's bid in response to the solicitation. In case of any doubt or difference of opinion as to the items and/or goods(as the case may be)to be furnished hereunder,the decision of the City shall be final and binding on all parties. 29.INDEMNIFICATION.The Bidder shall indemnify and hold harmless the City and its officers,employees,agents and instrumentalities from any and all liability,losses or damages, including attorneys fees and costs of defense,which the City or its officers,employees,agents or 3 l Solicitation Terms and Conditions—Goods(April 13, 2020) DocuSign Envelope ID:236FB507-OC7F-40F7-9FAE-F9B675EFCD7C MIAMIBEACH SOLICITATION TERMS AND CONDITIONS - GOODS (April 13, 2020) 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 Bidder or its employees,agents,servants,partners,principals or subcontractors. The 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 attomey's fees which may be incurred thereon. The Bidder expressly understands and agrees that any insurance protection required by any agreement with the City or otherwise provided by the 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. 30.FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all bids 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,Bidder 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 goods;(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 Bidder upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 31.OBSERVANCE OF LAWS.Bidders are expected to be familiar with,and comply with,all Federal,State,County,and City laws,ordinances, codes,rules and regulations,and all orders and decrees of bodies or tribunals having jurisdiction or authority which,in any manner,may affect the scope of goods and/or project contemplated by this solicitation(including,without limitation,the Americans with Disabilities Act,Title VII of the Civil Rights Act,the EEOC Uniform Guidelines,and all EEO regulations and guidelines).Ignorance of the law(s)on the part of the Bidder will in no way relieve it from responsibility for compliance. 32.CONFLICT OF INTEREST.All bidders must disclose,in their Bid,the name(s)of any officer,director,agent,or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Further,all bidders must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the bidder entity or any of its affiliates. 33.MODIFICATIONIWITHDRAWALS 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 180 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. 34.EXCEPTIONS TO SOLICITATION.Bidders must clearly indicate any exceptions they wish to take to any of the terms in the solicitation,and outline what,if any,altemative is being offered. All exceptions and altematives shall be included and clearly delineated,in writing,in the bid submittal. The City,at its sole and absolute discretion,may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected,the City shall require the bidder to comply with the particular term and/or condition of the solicitation to which bidder took exception to(as said term and/or condition was originally set forth in the solicitation and any exhibits or Addenda thereto). 35.ACCEPTANCE OF GIFTS.FAVORS.SERVICES. Bidders shall not offer any gratuities,favors,or anything of monetary value to any official, employee,or agent of the City,for the purpose of influencing consideration of this Bid. Pursuant to Sec.2-449 of the City Code,no officer or employee of the City shall accept any gift,favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 36.SUPPLEMENTAL INFORMATION.City reserves the right to request supplemental information from bidders at any time during the solicitation process,unless otherwise noted herein. 37.ENVIRONMENTAL REGULATIONS.The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility,and further reserves the right to declare a Bidder not responsible if the history of violations warrants such determination in the opinion of the City:Bidder shall submit with its proposal,a complete history of all citations and/or violations, notices and dispositions thereof.The non-submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations.Bidder shall notify the City immediately of notice of any citation or violation which bidder may receive after the proposal opening date and during the time of performance of any contract awarded to it. 4 i Solicitation Terms and Conditions—Goods(April 13, 2020) DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C MIAMI BEACH SOLICITATION TERMS AND CONDITIONS - GOODS (April 13, 2020) 38.RELATIONSHIP TO THE CITY.It is the intent of the City,and Bidder's hereby acknowledge and agree,that the successful Bidder is considered to be an independent contractor,and that neither the Bidder,.nor the Bidder's employees,agents,and/or contractors,shall,under any circumstances,be considered employees or agents of the City. 39.INSPECTOR GENERAL AUDIT RIGHTS A. Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector General which may,on a random basis,perform reviews,audits,inspections and investigations on all City contracts,throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past,present and proposed City programs,accounts,records,contracts and transactions.In addition,the Inspector General has the power to subpoena witnesses, administer oaths,require the production of witnesses and monitor City projects and programs.Monitoring of an existing City project or program may include a report concerning whether the project is on time,within budget and in conformance with the contract documents and applicable law.The Inspector General shall have the power to audit,investigate,monitor,oversee,inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal)submittals,activities of the Contractor,its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten(10)days written notice to the Contractor,the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor,oversee, inspect and review operations activities, performance and procurement process including but not limited to project design,bid specifications,(bid/proposal)submittals,activities of the Contractor,its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D. The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession,custody or control which in the Inspector General's sole judgment,pertain to performance of the contract,including,but not limited to original estimate files,change order estimate files,worksheets, proposals and agreements from and with successful subcontractors and suppliers,all project-related correspondence,memoranda,instructions,financial documents,construction documents,(bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds,rebates,or dividends received,payroll and personnel records and supporting documentation for the aforesaid documents and records. E. The Contractor shall make available at its office at all reasonable times the records,materials,and other evidence regarding the acquisition(bid preparation)and performance of this contract,for examination,audit,or reproduction,until three(3)years after final payment under this contract or for any longer period required by statute or by other clauses of this contract.In addition: i. If this contract is completely or partially terminated,the Contractor shall make available records relating to the work terminated until three(3)years after any resulting final termination settlement;and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals,litigation,or claims are finally resolved. F. The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. G. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities.The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. Balance of Page Intentionally Left Blank 5 l Solicitation Terms and Conditions—Goods(April 13, 2020) 1 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C ATTACHMENT C SUNBIZ&PROPOSAL RESPONSE TO ITB • DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C Detail by Entity Name DIVISION OF CORPORATIONS "Pk DIVIgION an DIM al 3'tarP.of Florlla wetirlt> Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation ATLANTIC PAVING CO., INC. Filing Information Document Number P97000025547 FEI/EIN Number 65-0737990 Date Filed 03/17/1997 State FL • Status ACTIVE Last Event AMENDMENT Event Date Filed 05/08/1997 Event Effective Date NONE Principal.Address 10640 NW 123 STREET ROAD Unit 103 MEDLEY, FL 33178 Changed:01/05/2017 Mailing Address P.O. Box 552218 Davie,FL 33355 Changed:01/29/2018 Registered Agent Name&Address FERENCIK JR, ROBERT E 150 S PINE ISLAND RD STE 400 FORT LAUDERDALE, FL 33324 Name Changed:03/17/2010 Address Changed:03/14/2008 Officer/Director Detail Name&Address Title President https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=ATLANTI... 1/2 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C Detail by Entity Name CRUZ, RINALDO JR. 801 NW 116 AVE PLANTATION, FL 33325 Annual Reports Report Year Filed Date 2020 02/03/2020 2021 01/12/2021 2022 02/28/2022 Document Images 02/28/2022—ANNUAL REPORT View image in PDF format 01/12/2021—ANNUAL REPORT View image in PDF format 02/03/2020—ANNUAL REPORT View image in PDF format 02/07/2019—ANNUAL REPORT View image in PDF format 01/29/2018—ANNUAL REPORT - View image in PDF format 01/05/2017—ANNUAL REPORT View image in PDF format 03/03/2016—ANNUAL REPORT View image in PDF format 01/12/2015—ANNUAL REPORT View image in PDF format 01/11/2014—ANNUAL REPORT View image in PDF format 01/29/2013—ANNUAL REPORT View image in PDF format 01/31/2012—ANNUAL REPORT View image in PDF format 02/02/2011—ANNUAL REPORT View image in PDF format 03/17/2010—ANNUAL REPORT View image in PDF format 04/20/2009—ANNUAL REPORT View image in PDF format 03/14/2008—ANNUAL REPORT View image in PDF format 03/28/2007—ANNUAL REPORT View image in PDF format 04/12/2006—ANNUAL REPORT View image in PDF format 03/21/2005—ANNUAL REPORT View image in PDF format 03/15/2004—ANNUAL REPORT View image in PDF format 08/07/2003—Reg Agent Change View image in PDF format 04/10/2003—ANNUAL REPORT View image in PDF format 02/24/2002—ANNUAL REPORT View image in PDF format 03/26/2001—ANNUAL REPORT View image in PDF format 01/14/2000—ANNUAL REPORT View image in PDF format 02/10/1999—ANNUAL REPORT View image in PDF format 01/30/1998_ANNUAL REPORT View image in PDF format 05/08/1997—AMENDMENT View image in PDF format 03/17/1997—Domestic Profit Articles- View image in PDF format Florida Department of State,Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaii?inq uirytype=EntityN ame&directionType=Initial&search NameOrder-ATLANTI... 2/2 i DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C APPENDIX C REVISED ELECTRONIC COST PROPOSAL FORM Failure to submit REVISED Appendix C, Electronic 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. ,E Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB,inclusive of its terms,conditions,specifications and Pither 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 provvsion is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix C) shall be completed mechanically.All corrections on the Cost Proposal Form(Appendix C) shall be initialed. GROUP 1 -PAINTING AND STRIPING GREEN BICYCLE LANES,RED-TRANSIT LANES,SPECIAL COLOR PAVEMENT Description Work under this Contract includes furnishing of all supervision,labor, materials,tools, equipment and performing all operations required to Estimated complete these services in accordance Annual Total Item with specifications. Quantity U I M Unit Cost (Quantity_X_Unit_Cost) Permanent Green Paint Up to 10,000 square 1 feet of Work 10,000 SF $ 2 e $ 8 z,o ,, ` Permanent Green Paint 10,000 to 25,000 et) f u� 2 square feet of Work 25,000 SF $ , $Zn. Ow- Permanent Green Paint 25,000 to 50,000 i✓ 3 square feet Work 50,000 SF $ 7e 5 $ 7 5 Dat Permanent Green Paint Above 50,000 square o o t / 4 feet of Work 100,000 SF $ $ ( ®p. -7 Permanent Red:Paint Up to 10,000 square 61:5: 5 feet of Work 10,000 sF. $ 7i ®® $ (i V4 F Permanent Red Paint 10,000 to 25,000 / d� f ii e $/ 6 square feet of Work 25,000 SF $ (fi ;, 06, Permanent Red Paint 25,000 to 50,000 FD _ 7 square feet of Work 50,000 SF $ $3 5-d0D„s Permanent Red Paint Above 50,000 square tip a ,i 8 feet of Work 100,000 SF $ 6.. $e,c li Dm/e Permanent Other Paint Up to 10,000 square 9 feet of Work 10,000 SF $ $ ( :Q�, Permanent-Other Paint 1.0,000 to 25,000 / po 10 square feet of Work 25,000. SF $ ( w ,€ $ , 0 DOD Permanent.Other Paint 25,000 to 50,000 la 0 11 square feet of Work 50,000 SF $ ( _� $3(.26, Ow:- Permanent Other Paint Above 50,000 square -- ° t( 12 feet Work 100,000 SF $ ® $ E0 DOO. Standard Paint Up to 10,000 square feet of 13 Work 10,000 SF $ $ ;QUO, Standard Paint 10,000 to 25,000 square feet 00 / 14 of work 25,000 SF $ $ /0 , Q 00 e Standard Paint 25,000 to 50,000 square feet ," 15. . of work 50,000 SF $. $ 0 000 1 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C i t Standard Paint Above 50,000 square feet of fir© Ovfl �"' 16 Work 65,000 SF $ $ / J al 17 Edge Line Marking-4 Inches-wide 10,000 LF $ .3 63 $ 3b ..30 -18 Edge Line Marking—6 Inches-wide 25,000 LF $ ,, 20 $ `9 c(r Oa -- 19 Edge Line Marking—8 Inches-wide 10,000 LF $ 57, 2 $ , o2060e 20 Standard Sharrow Symbol 350 EA $ 8 56,- $ V. 500,, 21 Green Sharrow Symbol 350 EA $ / 570e— $ >7 gl5'0©/— ' 22 Bike-only Lane Symbol 100 EA _ $ Sia $ g V o oo. . 23 • Bicycle Detector Symbol 60 EA $ S3 5 $ 5� 7 JD . 24 Raised Pavement Markers(RPMs) 1,000 EA $ 5 519 $ •5 I: r .e. SUB-TOTAL GROUP 1 (ITEMS 1.24) $ / ' i �L `'®"e i I GROUP 2-TIME AND MATERIAL COSTS FOR ADDITIONAL GOODS OR SERVICES NOT SPECIFIED Item Description Estimated U/M Unit Cost Total Quantity (Quantity_X_Unit_ Cost) Hourly Rate(Regular)—Refer to. 25 Section 3.11 75 Hourly Rate $37 ' f-; 26 Hourly Rate(Non-regular hours) 50 Hourly Rate IMP—Refer to Section 3.11 $ POJE. Hourly Rate—Emergency(per 27 Individual)—Refer to Section 25 Hourly Rate l I�' '�' 3.12 $(e ____ $ ` � �j (A) (B) (C) (D) State Net Cost If ' Whether Discount Cost of the% Is offered Item Description Estimated Percentage percentage Listed (A—C=D) No. Annual discount or discount or is a Net Or Co If Gross Costs mark-up mark-up Discount (Ax B=C) or Mark-up Markup is offered (A+C=D) 28 Administrative Mark-up for $5,000 �`�,q �/ J /�l Parts and Sue'lies =IIMM $ (OUDo � .�.�. $ l7��f�� SUB-TOTAL—GROUP 2 -- (ITEMS 25-28) $ l 11 GRAND TOTAL GROUP 1 AND GROUP 2 $5. �5-I5-- (ITEMS 1-28) .. ' i DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C BID SUBMITTAL QUESTIONNAIRE • SECTION 1 — BID CERTIFICATION FORM This document is a REQUIRED FORM that must be submitted fully completed and submitted. _ u Solicitation No: Solicitation Title: IIII ITB 2022-211-AY Painting/Striping Green Bicycle Lanes,Red-Transit Lanes,Special Color Paverrmuent BIDDER'S NAME: ATLANTIC PAVING COMPANY.,INC. NO.OF YEARS IN BUSINESS: . NO.OF YEARS IN BUSINESS" NO.OF EMPLOYEE-: 26 LOCALLY: 26 8 OTHER NAME(S).BIDDER.HAS OPERATED UNDER IN THE LAST 10 YEARS: N/A BIDDER PRIMARY ADDRESS(HEADQUARTERS): 10640 NW 123rd'StreetRoad Unit 103 $. CITY: MEDLEY ' STATE: ZIP CODE: FLORIDA _ 33178 l TELEPHONE NO.: • 305 513-8632 TOLL FREE NO.: FAX NO.. 305 513-8633 BIDDER LOCAL ADDRESS: P.O.Box 552218 CITY: Davie' STATE: ZIP CODE: FL 33355 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Rinaldo Cruz II ACCOUNT REP TELEPHONE NO.:. ' 305 513-8632 • ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: ray@atlanticpaving.com FEDERAL TAX IDENTIFICATION NO.: 65-0737990 By virtue of submitting a bid, bidder agrees:a)to complete and unconditional acceptance of the terms,and conditions of this document, inclusive of this solicitation, all specifications, attachments, exhibits and appendices and the contents of any.Addenda released hereto; b)to be bound, at a minimum, to any and all specifications, terms and conditions contained herein or Addenda; c)that the bidder has not divulged, discussed,or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid; d) that bidder acknowledges that all information contained herein is part of the pI.blic domain as defined by the State of Florida Sunshine and Public Records Laws; e)the bidder agrees if[this bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishi 6g a formal contractual relationship between the bidder and the City of Miami Beach,Florida,for the performance of all requirements to which the bid pertains; and f)that all responses, data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief. Name of Bidder's Authorized Representative: Title of Bidder's Authorized f �,.L,r� Rinaldo Cruz Representative: P e 7' ' DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C i1 f , SECTION 2 - ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation, the City may release one or more addendum to i'the. solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the. bidder has received; all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial Enter Initial Enter Initial to to Confirm to Confirm Confirm Receipt Receipt - Receipt RC Addendum 1 Addendum 6 Addendum 11 RC 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. SECTION 3 - CONFLICT OF INTEREST All bidders must disclose the name(s) of any officer,director, agent, or immediate family member(spouse, parent, sibling, and child)who is also an employee of the City of Miami Beach. Further,all bidders must disclose the name of any City employee who owns,eider directly or indirectly, an interest of ten (10%) percent or more in the bidder entity or any of its affiliates. YES x NO If es, •lease disclose the name s FIRST AND LAST NAME OCCUPATION 1 2 3 4 A 5 I . 6 iI { DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C SECTION 4- FINANCIAL CAPACITY When requested by the City, each bidder shall:arrange for Dun & Bradstreet to submt a Supplier Qualification Report (SQR) directly to the. City.. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the bidder. The bidder shall request the SQR.report from D&B at: https://supplierportal.dnb.corn%webapplwcs/stores/servletlSupplierPortal?storeld =11696 r. Bidders are responsible for the accuracy of the information contained in its S R. It is highly recommended that each bidder review the information contained int its SQR for accuracy prior to submittal to the City and as early as possible in he solicitation process. For assistance with any portion of the S.QR submittal process, contact Dun & Bradstreet at 800-424-2495. At time of request, bidder shall request that Dun &Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three (3) days of request. SECTION 5 - MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOODS OR SERVICES FROM MISSISSIPPI Pursuant to Resolution 2016-29375, the City of.Miami Beach, Florida, prohibits official City travel to the state of Mississippi,as well as the purchase of goods or services soured in Mississippi. Bidder shall agree that no travel shall occur on behalf of the City of Miami Beach to Mississippi,nor shall any product or services it provides to the City be sourced from this state. By virtue of submitting bid, bidder agrees it is and shall remain in full compliance.with Resolution 2016-29375 https://www.miamibeachfl.gov/wp-content/uploads/2017/11/201.6-29375-Resolution- Vendor-Moratorium-for-Services-Sources-from-North-Carolina-Mississippi-1.pdf DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C SECTION 6 - REFERENCES AND PAST PERFORMANCE Project No. ITB.2022-211-AY. Project Title Painting/Striping Green Bicycle Lanes, Red-Transit Lanes,Special Color Pavement' Bidder shall submit at least three (3) references for whom the bidder has completed work similar in size and nature as the work referenced in solicitation. � I Reference No.1 Firm Name: The Stout Group Contact Individual Name and Title: JoeySanchez-President Address: 10850 NW 138th STREET I BAY#3 I HIALEAH GARDENS,FL'33018 Telephone: 305.216.8406. Contact's Email:jsanchez©thestoutgroup.com Narrative on Scope of Services Provided: Installation of green bike lane coating on all bike lanes on key biscayne from the toll booth to Crandon marina. Reference No.2 Firm Name: UACGONSTRucnON Contact Individual Name and Title: Andy Diaz Director of Civil Construction Address: 490 NW S River Dr.Miami,FL 33128 Telephone: 305-504-9937 j Contact's Email: acilaz@uagconstruction.com 1 Narrative on Scope of Services Provided: Installation of green bike lane coating on all bike lanes throughout the Downtown Miami corridor. 1 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C SECTION 8 - VENDOR CAMPAIGN CONTRIBUTIONS Bidders are expected to be or become familiar with; the City's Campaign Finance Ref 1 rm laws, as codified in Sections 2-487 through 2-490 of the City Code https://librarv.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAG FOR CH2AD ARTVIISTCO DIV5CAFIRE Bidders shall be solely responsible for ensuring that all applicable provisions of the City's. Campaign Finance Reform laws are complied with, and shall be subject to any ands all sanctions, as prescribed therein, including disqualification of their bid submittal, in the event of such non-compliance. Are there any individuals or entities (including your sub-consultants). with a controlling financial interest which have 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. YES x NO If es, list name first and last name of individuals, occu•ation,:amount and date:. First and Last Name Contributor Occupation Amount Date of Contribution 2 3 4 5, 6 7 8 9 SECTION 9—SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any •ublic sector agency? YES ® NO _ If answer to above is "YES," bidder shall submit a statement detailing the reasons t at led to action(s):. t i DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C SECTION 10 - EQUAL BENEFITS FOR EMPLOYEES WITH SPOUSES • AND EMPLOYEES WITH DOMESTIC PARTNERS When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work we ks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors ding business with the City of Miami Beach,who,are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as- they provid lI to employees with spouses.The Ordinance applies;to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits;who are directly performing work on the contract within the City of Miami Beach. Does bidder provide or offer access to any benefits to employees with spouses or to spouses of employees? YES x . NO Does bidder provide or offer access to any benefits to employees with (same or opposite ex) domestic partners or to domestic artners of em•to ees? YES .® NO Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. Bidder Provides for Bidder Provides for Bidder• does not BENEFIT Employees with Employees with Spouses Domestic Partners Provide Benefit Health Sick Leave • • Family Medical Leave Bereavement Leave If Bidders 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 with all necessary documentation. Your Reasonable Measures Application will be reviewed Ifor consideration by the City Manager, or his designee. Approval is not guaranteed and the pity Manager's decision is final. Further information on the.Equal Benefits requirement is available at http://www.miamibeachfl.eov/city-hall/procurement/procurement-related-ordinance-and- procedures/ DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C SECTION 11 - BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM APPENDIX A,44 C.F.R.PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants, Loans,and Cooperative Agreements The undersigned Contractor certifies,to the best of his or her knowledge,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member. of Congress, an officer or employee of Congress, or an employee if a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a-Member of Congress, an officer or employee of Congress, or an employee of a Member of Congres in connection with this Federal contract,grant, loan, or cooperative agreement, the undersigned I shall complete and, submit Standard Form-ILL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when his. transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed'by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any. In addition,the Contractor understands and agrees t at the provisions of 31 U.S.C. §3801 et seq.,apply to this certification and disclosure, if any. By virtue of submitting,bid, bidder certifies:or affirms its:compliance with the Byrd Anti-Lobbying Amendment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Autho i ed L i Rinaldo Cruz Representative: rr e.s(9 _l7 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C SECTION 12—SUSPENSION AND DEBARMENT CERTIFICATION The Contractor acknowledges that: (1)This Contract is a.covered transaction for purposes of 2 C.F.R.pt. 180 and 2 C.F.R.pt.3000.As such the contractor is required to verify that none of the Contractor, its principals(defined 4t 2 C.F.R. § 180.995),or its affiliates(defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. §180.935). (2)The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City. If it is I ter determined that the Contractor did not comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R.1 pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government I ay pursue available remedies,including but not limited to suspension and/or debarment. (4)The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring slch compliance in its lower tier covered transactions." By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name of Bidder's.Authorized Representative: Title of Bidder's Authorized Rinaldo Cruz Representative: ffe5f /6;ASdo Cazg L_745 SECTION 13 - SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020-31519,the City is tracking the Small and Disadvantaged Businesses, as certified by Miami-Dade County that have been certified as Small or Disadvantaged Busidess by Miami-Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County? YES X NO SECTION 14 - LGBT BUSINESS ENTERPRISE CERTIFICATION Pursuant to Resolution 2020-31342,the City is tracking the utilization of LGBT owned firms tiat have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce(NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? YES x NO - f . DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C 1 SECTION 15 —CONE OF SILENCE Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised Ind until an award recommendation has been forwarded to the City Commission by the City Manal er are under the "Cone of Silence." The Cone of Silence ordinance is available at .https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld""=SPAGEO R CH2AD ARTVIISTCO DIV4PR ,S2-486COSI -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 pros ss for this solicitation providing said communication is limited to matters of process or proced ire regarding the solicitation. Communications regarding this solicitation are to be submittel in writing. to the Procurement Contact named herein with a copy to. the City Clerk at rafaelgranado@miamibeachfl.gov. Vendor attests that they have read, understand,and are in compliance with the Cone of Sile ce , Ordinance, pursuant to Section 2-486 of the City Code? X YES NO I SECTION 16—CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-37879, the.Bidder shall adopt a Code of Business Et°ics ("Code")and submit that Code to the Procurement Division.with its response or withinthree�(3) days upon receipt of request.The Code shall, at a minimum, require the.Bidder,to comply ith all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. Bidder shall submit firm's Code of Business Ethics within three (3) of request by the City. In lieu of submitting Code of Business Ethics,Vendor may indicate that it will adopt, as required in the ordinance, the . City of Miami Beach . Code of Ethics, available at http://www:miamibeachfl.gov/citv-hall/procurement/procurement-related-ordinance-anci= procedures/ I Bidder adopts the City of Miami Beach Code of Business Ethics? X YES NO I Bidder will submit firm's Code of.Business Ethics within three(3)days of request by the City? YES NO DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C SECTION 17 — DRUG FREE WORKPLACE CERTIFICATION The Drug Free.Workplace Certification is available at: https://www.miamibeachfl:gov/wp-content/uploads/2019/04/DRUG-FREE-WORKPLACE- li CERTIFICATION.pdf By virtue of submitting bid, bidder certifies or.affirms it has adopted policies, practices and, standards consistent with:the City's.Drug.Free Workplace Certification. SECTION 18— LOBBYIST REGISTRATION REQUIREMENTS This solicitation is subject to, and all bidders are expected to be or become familiar with, all 'City lobbyist laws. Bidders shall be solely responsible for ensuring that all City lobbyist laws fare complied with, and shall be subject to any and all sanctions, as" prescribed therein, including, without limitation,disqualification of their responses,in the event of such non-compliance. I. t� . By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration Requirements. SECTION 19— NON-DISCRIMINATION The Non-Discrimination ordinance is available at: https://librarv.municode.com/fl/miami" beach/codes/code of ordinances?nodeld=SPAGEO CH2AD ARTVIPR DIV3COPR S2-375NSCCOREWA. By virtue of submitting bid,bidder agrees it is and shall remain in full compliance with Sectio 2- 375 of the City of Miami Beach City Code. SECTION 20— FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No.2016-4012 is available at: https://librarv.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH62HURE ARTVFACHOR By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City ith supporting documentation evidencing its compliance upon request. Bidder further agrees that zany. 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. SECTION 21— PUBLIC ENTITY CRIMES Please refer to Section 287.133(2)(a), Florida Statutes,available at: https://.www.flsenate:pov/Laws/Statutes/2012/287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 1 1 DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C I 1 i i 1 SECTION 22 —VETERAN BUSINESS ENTERPRISES PREFERENCE Pursuant to City of Miami Beach Ordinance No. 2011- 3748, https//library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAG FOR CH2AD ARTVIPR DIV3COPR S2-374PRPRPRVECOGOCOSE 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 ive percent(5%)" of the lowest and best bidder,by providing such bidder an opportunity of proviting 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, RFP, RFQ,ITN or oral or written regL est for quotation, and such bids are responsive, responsible and otherwise equal with respec to quality and service, then the award shall be made to the service-disabled veteran business enterprise. Is the bidder a service-disabled veteran business enterprise certified by the State of Florida YES X NO Is the bidder a service-disabled veteran business enterprise certified by the United States Federal Government? YES X NO { ' f DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C ATTACHMENT D INSURANCE REQUIREMENTS DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C INSURANCE REQUIREMENTS The vendor shall maintain the below required insurance in effect prior to awarding the Contract and for the duration of the Contract. The maintenance of proper insurance coverage is a material element of the Contract and failure to maintain or renew coverage may be treated as a material breach of the Contract,which could result in withholding of payments or termination of the Contract. A. Workers'Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than$1,000,000 per accident for I bodily injury or disease.Should the Contractor be exempt from this Statute,the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Contractor shall also submit(i)a written statement detailing the number of employees and that they are not required to carry Workers'Compensation insurance and do not anticipate hiring any additional employees during the term of this Contract or(ii)a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal&advertising injury with limits no less than $1,000,000 per occurrence,and$2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Installation Floater Insurance against damage or destruction of the materials or equipment in transit to,or stored on or off the.Project Site,which is to be used(installed into a building or structure)in the Project.(City of Miami Beach shall Named as a Loss Payee on this policy,as its interest may appear. This policy shall remain in force until acceptance of the Project by the City.) E. If any excavation work is included in the Contract,it is understood and agreed that Contractor's Liability policy shall not contain exclusion for XCU (Explosion,Collapse and Underground)coverage. Additional Insured—City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of Work or operations performed on behalf of the Contractor including materials,parts,or equipment furnished in connection with such Work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Contractors insurance. Notice of Cancellation— Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required.However,this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers—Insurance must be placed with insurers with a current A.M.Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage—Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Contract. All certificates and endorsements are to be received and approved by the City before Work commences. However,failure to obtain the DocuSign Envelope ID:236FB507-0C7F-40F7-9FAE-F9B675EFCD7C required documents prior to the work beginning shall not waive the Contractor's obligation to provide them.The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications,at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O.Box 947 Murrieta,CA 92564 Kindly submit all certificates of insurance,endorsements,exemption letters to our servicing agent,EXIGIS,at: Certificates-miamibeach(a.riskworks.com Special Risks or Circumstances-The City of Miami Beach reserves the right to modify these requirements,including limits, based on the nature of the risk, prior experience,insurer,coverage,or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement.