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HomeMy WebLinkAboutRemoval & Disposal of Debris ~/or- c,# Miami Beach ***** m AI-ArIB1ca City ~ III J.' - INVITATION FOR BIDS REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT BID # 20-04/05 BID OPENING: JUNE 17,2005 AT 3:00 P.M. C NIGV ~ Outstanding Agency OA4 Accreditation Achievement Award Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach,FL 33139 http:\\www.miamibeachfl.gov F:\PURC\$ALL\MARTA\Bids\04-05\ITB 20-04-05 construction debris removal.doc BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 1 CITY CLERK m CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: REMOV AL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT CONTRACT NO.: 20-04/05 EFFECTIVE DATE(S): September 9, 2005 through September 30, 2006 with three (3) additional one (1) year renewal options. SUPERSEDES: None CONTRACTOR(S): Austin Tupler Trucking, Inc. A. AUTHORITY - Upon affirmative action taken by the City Commission and City Clerk of the City of Miami Beach, Florida, on September 8, 2005, a contract has been approved for award and subsequent execution between the City of Miami Beach, Florida and Austin Tupler Trucking, Inc. B. EFFECT - This contract was entered into to provide Removal and Disposal of Construction Debris and Asphalt for the Public Works Department located at 451 Dade Boulevard, Miami Beach, Florida. Therefore, all required services shall be made under the terms, prices and conditions of this contract, Bid No. 20-04/05, all addenda thereto, and Austin Tupler Trucking, Inc.' s bid response. C. ORDERING INSTRUCTIONS - All standing orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. Standing Order(s) shall show the City of Miami Beach contract number (20-04/05), as applicable. D. CONTRACTOR PERFORMANCE - City of Miami Beach Departments shall report any vendor failure to perform according to the requirements of this Contract to the Public Works Director at 305-673-7080. E. PERFORMANCE AND PAYMENT BONDS - N/ A 1 Page 2 Certification of Contract F. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. G. LIVING WAGE ORDINANCE - N/ A. H. ASSIGNMENT AND PERFORMANCE -Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Contract. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. I. SERVICE EXCELLENCE STANDARDS - N/A. J. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287~133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debannent. K. INDEPENDENT CONTRACTOR - CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture. L. THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. 2 Page 3 Certification of Contract The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. M. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For CITY: Procurement Division 1700 Convention Center Drive Miami Beach" Florida 33139 Attn: Gus Looez" Procurement Director With copies to: City Attorney City of Miami Beach 1 700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Austin Tuoler Truckine" Inc. Attn: Glenn Tuoler 6570 S.W. 47th Court Davie" Florida 33314 N. MATERIALITY AND WAIVER OF BREACH - CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 3 Page 4 Certification of Contract O. SEVERANCE - In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. P. APPLICABLE LAW AND VENUE - This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR, shall specifically bind all subcontractors to the provisions of this Contract. Q. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and CONTRACTOR. R. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. S. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof: The Contract Documents may only be amended, modified or supplemented as provided. 4 Page 5 Certification of Contract AGREEMENT THIS AGREEMENT made this q #> day of~20~ A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and Austin TUDler Truckin2.. Inc. 6570 S.W. 47th Court Davie.. Florida 33314 Estimated Annual Contract Amount: $159..960.00. IN WITNESS WHEREOF the said City has caused this Certification Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed; attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. By (Authorized Mayor David Dermer AUSTIN TUPLER TRUCKING, INC\SEAL) Contractor President ATTEST: Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION llik~ f~ City Clerk Robert Parcher 5 ACORD.. CERTIFICA TE OF LIABILITY INSURANCE OPIDM DATE (MM/DDIVYVY) AUSTJ:-2 09/13/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Greenwich Risk Manaqement ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE a Division of Slaton Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POBox 220537 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. West Palm Beach FL 33422-0537 Phone: 561-683-8383 Fax:561-684-5995 INSURERS AFFORDING COVERAGE NAlC # INSURED Aust1n TU~ler Truck1ni' J:nc. INSURER A Southern-owners J:ns Co 10190 Southern ransport & quipment J:nc, INSURER B Brid9.tield Employer. Xn. Co Glen Contractinq, J:nc INSURER C Auto-owners J:ns Co 18988 M & G Fill Co~oration 6570 S.W. 47th Court INSURER D Davie FL 33314 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN::>K ~t~ POLICY NUMBER 'DATE (MMiDOrWt Il"gk~Y(Mi.vDDiVY)n LIMITS LTR lYPE OF INSURANCE GENERAL LIABILI1Y EACH OCCURRENCE $1,000,000 ~ A X COMMERCIAL GENERAL LIABILITY 20598869-03 03/01/05 03/01/06 UAMP\l;.t: 'v ,,,_,,,......... $ 100,000 PREMISES (Ea occurence) f-- tJ CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10,000 PERSONAL & I>DV INJURY $ 1,000,000 f-- GENERAL AGGREGATE $ 2,000,000 I--- GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS -- COMP10P AGG $1,000,000 II [Xl PRO- nLOC POLICY X JEeT AUTOMOBILE L1ABILllY COMBINED SINGLE LIMIT f-- $ ANY AUTO (Ea accident) I-- k~ ALL OWNED AUTOS 7 BODIL Y INJURY I-- $ SCHEDULED AUTOS (Per person) I--- HIRED AUTOS BODIL Y INJURY - ~ $ NON-OWNED AUTOS ~ ,{I '1/ (Per aCCident) - - PROPERTY DAMAGE $ (Per aCCident) GARAGE LIABILllY AUTO ONLY - EA ACCIDENT $ ~ IWY AUTO OTHER THAN EA ACC $ AUTO ONL Y AGG $ EXCESSIUMBRELLA L1ABILIlY EACH OCCURRENCE $ 6,000,000 C ~ OCCUR D CLAIMS MADE 01211220596425 03/01/05 03/01/06 AGGREGATE $ 6 , 000 , 000 $ ~ DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X rT~1TCHt I IU1H- EMPLOYERS'L1ABILI1Y ER B ANY PROPRIETORIPARTNERIEXECUTIVE 830-27149 03/13/05 03/13/06 E L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below EL DISEASE -- POLICY LIMIT $ 1,000,000 OTHER OESCRIPTlON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Miami Beach is named as an additional insured with respects to qeneral liability. CERTIFICATE HOLDER City of Miami Beach 1700 Convention Center Dr Miami Beach FL 33139 CANCELLATION CJ:TYOrM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILIlY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED R SENT @ACORD CORPORATION 1988 ACORD 25 (2001/08) CERTIFICATE OF INSURANCE IX]ALLSTATE INSURANCE COMPANY OALLSTATE INDEMNITY COMPANY OALLSTATE TEXAS LLOYD'S THIS CERTIFfCATE IS JSSUEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE HOLDER NAIlED INSURED N..,. IIDd Addrns of PartY to Whom ltlta Certificate Is IHued N8IM and Add..... of lnauted CITY OF MIAMI BEACH AUSTIN TUPLER TRUCKING, INC. 1700 CONVENTION CENTER DR M & G FILL CORP & GLEN CONTRACTING, INC. MIAMI BEACH, FL 33139 6570 S.w. 47T" COURT DAVIE. FLORIDA 33314 This 18 to certify that poI.icies of insurance fisted below haw bMIn islUed to the insured ~ Ibo\Ie subject to the expiration date indicated bekM. notwMhat8ndtng any requirement. t8rm or condition d ..,y contr1ct or other document with rwpeet to which" certtflcate mey be Issued or m.y pertain. The insurance efforded by the policies described herein is subject to all the terms. exdulions. and conditions of IUch poJIcies. TYPe OF INSURANCE AND UIIITS COIIMERCIAl GENERAl LIABlUTY Poley EffectfwI Expinltion Number N1A Date 0_ Limit Amount GENERAL AGGREGATE UMIT (Other thin Producta - Compl8ted Operations) S PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT $ PERSONAL AND ADVERTISING INJURY LIMIT S EACH OCCURRENCE LIMIT $ PHYSICAL DAMAGE LIMIT S ANY ONE LOSS MEDICAL EXPENSE LIMIT $ ANY ONE PERSON WORKERS' COMPENSATION & Policy EffectJw expiration E.PlOYERS' LlA8IUTV Number N/A Olte Date Cov..... L....... WORKERS' COMPENSATION STATUTORV - lOa'''' only in the followino stlte8: EMPLOYERS' BODilY INJURY BY ACCIDENT $ EACH ACCIDENT LIAB.LITY BOD.l Y rNJURY 8Y DISEASE S EACH EMPLOYEE BOOIL Y INJURY BY DISEASe $ POUCY liMIT AUTOMOBILE LIABILITY Poley 048875902 EffIICtiw E)CI)lr8tion Number OBte 08108/05 Date 08108/06 COy.... Basis Urnb iii ANY AUTO (iJ OWNED AUTOS IiI HIRED AUTOS C"~"Sm~L_.~L~ (Colllllon & Compna""'slve . $1,000 deductible) BODa. Y INJURY & PROPERTY DAMAGE I S 1.000.000 I EACH ACCIDENT o SPECIFIED AUTOS El NON-OWNED AUTOS 8D111 U_iIIY Limb o OWNED PRIVATE PASSENGER AUTOS BodIly InjUry ftrODertv Dam... !Kh S PERSON o OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ $ ACCIDENT UM8RELU LIABILITY Policy N/A EffedNe ~Iradon Number Olte Date EACH OCCURRENCE I GENERAL AGGREGATE I PRODUCrS . COMPLETED OPERA lIONS AGGREGATE S I s f $ OTtiER(Show Policy EffettMa J.vpe at Pollc." ~ Number Olte Date DE~CRIPTlON OF OPERA TlONSlLOCA TIONSlVEH'CLESlRESTRJCT'ONSlSPECIAL ITEMS RE. BID ao.ows ~ . . CANCELlATION o .'fY-j~ Number of days n" .5 '....... radlav Insurance Grouo SeotembBr 13. 2006 AutftOtized R....entvtM Should ,"y of the mow described pokja be aancetled before . . . DtJte entered lbowe written notice to the c.ertifI te hold the .....ation date. the aasutng company will endBawr to mail within the number of days COInDanv. jb ~ ot f'8D1 ental c. er rwned Ibove. But fMute to mailluch nOtice shill impose no obligation or HebIity of any kind upon the res \'81. ~t:7 '~(# CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY lQ ...... Condensed Title: Request for Approval to Award a Contract to Austin Tupler Trucking, Inc. in the estimated annual amount of $159,960, Pursuant to Invitation to Bid No. 20-04/05 for Removal and Disposal of Construction Debris and Asphalt. Issue: Shall the City Commission approve the award? Item SummarylRecommendatlon: The purpose of this bid is to establish a contract, for the Removal and Disposal of Construction Debris and Asphalt, from a source(s) of supply that will give prompt and efficient service. The debris will consist of materials accumulated from pipe line construction, sidewalk, street repairs and street light projects. The material will be excavated roadway materials such as; asphalt, base rock, sand, flowable fill or broken pieces of concrete, broken slabs of concrete sidewalk, broken pieces of curb/gutter, broken pieces of wire mesh or reinforcing bars, some grass/dirt vegetation and some tree roots, and broken water meter boxes (concrete or fiberglass) stockpiled at 451 Dade Boulevard, Miami Beach, Florida. The Bid was issued on May 20, 2005, with a bid opening date of July 15, 2005. Two Addenda were issued to clarify the specifications, increase vendor outreach, and extend the bid opening date. Bidnet Issued bid notices to thirty-three (33) prospective bidders, and the Procurement Division issued an additional twenty (20) bid notices which resulted in the receipt of three bids. Addendum No.2 revised the specifications by giving the City the option of awarding the asphalt removal together with the construction debris, or separately If the City were to separate the asphalt and receive a lower unit bid price. However the lowest and best bidder was the only one of the three bidders to submit a bid for the asphalt which was more than their bid for the construction debris. By awarding the entire contract at the bid price of$14.50lton for all construction debris and asphaJt, and based onihe estimated annual quantity of 3,000 tons of asphalt removaJ, the City will realize a savings of $1 0,500 a year not taking into consideration additional labor cost to the City to separate the asphalt from the construction debris. Therefore ii's in the City's best economic interest to award a contract based on the bid price for the construction debris which will include the asphalt also. The per unit bid amount of $14.50/ton is higher than anticipated in the 05-06 budget. The $159,960 estimated annual contract amount is the total budgeted. In the event that the City actually needs to use the full amount of the estimated quantity, 18,000 tons of total material, it may be necessary to add funds later in the year for this contract. APPROVE THE AWARD. Financial Information: Source of Funds: $40,000 $40,000 $40,000 $39,960 $159,960 011.0840.000342 425.0410.000342 425.0420.000342 427.0427.000342 D Finance Dept. City Clerk's OffIce Legislative TraCking: I Gus Lopez 81 n-offs: FB DATE 9-r-CX;:- 30 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez 4 City Manager L/"L Date: September 8, 2005 REQUEST FOR APPROVAL TO AWAR A CONTRACT TO AUSTIN TUPLER TRUCKING, INC. IN THE ESTIMATED ANNUAL AMOUNT OF $159,960., PURSUANT TO INVITATION TO BID NO. 20-04105 FOR THE REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT. ADMINISTRATION RECOMMENDATION Approve the Award. BID AMOUNT AND FUNDING Funds are included in the following FY 05106 Proposed Budget Public Works Account Numbers: $40,000 $40,000 $40,000 $39.960 $159,960 ANALYSIS Streets and Lighting: Water: Sewer: Storm Water: 011.0840.000342 425.0410.000342 425.0420.000342 427.0427.000342 The purpose of this bid is to establish a contract, for the Removal and Disposal of Construction Debris and Asphalt, from a source(s) of supply that will give prompt and efficient service. This contract shall remain in effect from the date the contract is entered into by the contractor and the City, until September 30, 2006, and may be renewed by mutual agreement between the two parties for three (3) additional years. The contract prices shall remain fixed and firm during the initial term of this contract at which time they will be reconsidered for adjustment. Change shall not be more than the percentage increase or decrease in the Consumer Price Index CPI-U (all urban areas) computed 60 days prior to the anniversary date of the contract. 31 Commission Memorandum Invitation to Bid No. 20-04105 Page 2 ANALYSIS (Continued) The debris will consist of materials accumulated from pipe line construction, sidewalk, street repairs and street light projects. The material will be excavated roadway materials such as; asphalt, base rock, sand, flowable fill or broken pieces of concrete, broken slabs of concrete sidewalk, broken pieces of curb/gutter, broken pieces of wire mesh or reinforcing bars, some grass/dirt vegetation and some tree roots, and broken water meter boxes (concrete or fiberglass) stockpiled at 451 Dade Boulevard, Miami Beach, Florida. The contractor's price will include all dump trucks, drivers, fuel, maintenance, repairs, insurance, license tags, current inspection stickers, permits, licenses, dumping fees, mileage and all incidentals necessary for the legal operation of the removal and disposal of all construction debris and asphalt. The contractor will be responsible for compliance with all Federal, State, County and municipal regulations and will be fully accountable for all costs and penalties resulting from infractions thereby. The trucks will be of a maximum 22 ton capacity. A minimum of five (5) trucks will be supplied each day the work is required. The contractor will be available to provide this service between the hours of 8:00 a.m. to 3:00 p.m. Monday thru Friday until all of the debris and/or asphalt is loaded. Each truck will be required to make a minimum of three (3) trips per day. A minimum of two (2) trucks will be at the above mentioned site between the above mentioned times/days. The City will load trucks utilizing a fuff size loader and provide warehouse personnel to verify capacities of trucks, and issue '.'Debris Removal Receipts" for the number of tons hauled. The removal receipt will be a three part carbon less copy individually numbered in ascending order. The contractor will be supplied with one (1) copy of the removal receipt and two (2) copies will be retained by the City. Invoices for material hauled shall include receipt copy by number, date hauled, cubic yards per receipt and total yards hauled. The Contractor is to provide the City with proof that all materials mentioned above are. being disposed of in a proper manner and at a disposal site legally allowed to accept said materials. The Bid was issued on May 20, 2005, with a bid opening date of July 15, 2005. Two Addenda were issued to clarify the specifications, increase vendor outreach, and extend the bid opening date. Bidnet issued bid notices to thirty-three (33) prospective bidders, and the Procurement Division issued an additional twenty (20) bid notices which resulted in the receipt of three bids. 32 Commission Memorandum Invitation to Bid No. 17-04105 Page 3 ANALYSIS (Continued) Addendum No. 2 revised the specifications by giving the City the option of awarding the asphalt removal together with the construction debris, or separately if the City were to separate the asphalt and receive a lower unit bid price. However the lowest and best bidder was the only one of the three bidders to submit a bid for the asphalt which was more than their bid for the construction debris. By awarding the entire contract at the bid price of $14.50Iton for all construction debris and asphalt, and based on the estimated annual quantity of 3,000 tons of asphalt removal, the City will realize a savings of $10,500 a year not taking into consideration additional labor cost to the City to separate the asphalt from the construction debris. Therefore it's in the City's best economic interest to award a contract based on the bid price for the construction debris which will include the asphalt also. The per unit bid amount of $14.50Iton is higher than anticipated in the 05-06 budget. The $159.960 estimated annual contract amount is the total budgeted. In the event that the City actually needs to use the full amount of the estimated quantity. 18,000 tons of total material, it may be necessary to add funds later in the year for this contract. References have been secured by the Procurement Division and this contractor comes highly recommended. This contractor currenUy has a Miami-Dade County contract for Emergency Debris Removal and had provided. this service for the City of Miami Beach approximately five years ago with excellent results. BID TABULATION Contractor RemovaUDlsposal Est. Tons Price Total Grand Total Austin Tupler Construction 18,000 $14.50 $261,000 $261,000 DebrislAsDhaIt Mea Construction Construction Debris 15,000 $41.50 $622,500 MOO Construction Asphalt $41.50 $124,500 $747,000 3,000 Trompex Corp. Construction Debris 15,000 $150.00 $2,250,000 Trompex Corp. Asphalt 3,000 $115.00 $345,000 $2,595,000 CONCLUSION Based on the analysis of the bids received, it is recommended that the City award a contract to Austin Tupler Trucking Inc. in the estimated annual amount of $159,960 for the removal and disposal of construction debris and asphalt. T:\AGENDA\2005\Sep0805\Consent\DEBRISREMOV ALCommission Memo.dot 33 CITY OF MIAMI BEACH to 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\www.miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 PUBLIC NOTICE INVITATION TO BID NO. 20-04/05 Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 17th day of June, 2005 for: REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT Scope of Work: The work specified in this bid consists offumishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the removal and disposal of construction debris which consist of materials accumulated from pipe line construction, sidewalk, street repairs and street light projects. The material is sandy soil, concrete, with small amounts of vegetation mixed together and stockpiled at 451 Dade Boulevard, Miami Beach, Florida. Asphalt to be stockpiled separately for removal and disposal at the same location. Minimum Requirements: Prospective bidders must have been in business for a minimum of3 years and must submit with their bids a minimum of six references, of which at least three separate references must be for contracts over $ 15,000/year. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Bid Conference will be held at 10:00 a.m. on June 1st, 2005 at the City of Miami Beach City Hall, 4th Floor, in the City Manager's Small Conference Room located at 1700 Convention Center Drive. Attendance at the Prebid Conference is highly encouraged and recommended as a source of information but is not mandatory. The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid notification system created exclusively for state and local agencies located in South Florida. BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 2 Created in conjunction with BidNet(r), this new South Florida Purchasing system has replaced the DemandStar system and allows vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.com/scripts/southflorida/oublic/home l.asp. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COpy OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-3363. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR BID IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE LOCAL PREFERENCE ORDINANCE NO. 2003-3413. RESPONSIVE AND RESPONSIBLE MIAMI BEACH-BASED VENDORS THAT ARE WITHIN 50A> OF THE LOWEST AND BEST BIDDER, WILL BE GIVEN AN OPPORTUNITY OF PROVIDING SAID GOODS OR GENERAL SERVICES CONTAINED HEREIN, FOR THE LOWEST RESPONSIVE BID AMOUNT. BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 3 Detailed representation of all these ordinances can be found on the City of Miami Beach WebSite at http://www .m iam ibeachtl.gov /newcity/depts/purchase/bid intro.asp CITY OF MIAMI BEACH /?:?,../O'J l .:....~.......---- I, Gus Lopez, CPPO Procurement Director BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 4 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 I NOTICE TO PROSPECTIVE BIDDERS NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: _Our company does not handle this type of product/service. _ We cannot meet the specifications nor provide an alternate equal product. _Our company is simply not interested in bidding at this time. _Due to prior commitments, I was unable to attend pre-proposal meeting. _OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a bid m: this completed form, may result in your company being removed from the City's bid list. BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 5 REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT BID # 20-04/05 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: Original copy of Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Facsimile bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, . draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F .O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award ofbid(s). 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 04-00097-09-23. BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 6 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS'LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item( s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number ifbidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication ofintent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1.11 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 7 purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.12 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 1.13 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 1.14 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. Fax (305) 673-7851. 1.15 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be returned, unopened. 1.16 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.17 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.18 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 8 decision of the City shall be final and binding on both parties. 1.19 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.20 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees 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. 1.21 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida 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 considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.22 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.23 ANTI-DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.24 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305.673.7080. 1.25 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 1.26 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 9 assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Dade County and City of Miami Beach building code requirements and the South Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.27 BID GUARANTYIPAYMENT AND PERFORMANCE BOND: N/A 1.28 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list 1.29 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.30 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. 1.31 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. 1.32 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.33 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.34 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed stamped envelope with the bid. BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 10 1.35 BID PROTEST PROCEDURES: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 1.36 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, ifmade, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids are required. A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the Solicitation. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. 1.37 DEMONSTRATION OF COMPETENCY: 1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 11 3) The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's Proposal may render the Bid non-responsive. 4) 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 insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. 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 this demonstration of competency section. 1.38 TERMINATION OF AWARD The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 1.39 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. 1.40 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.41 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 12 Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. 1.42 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be Spot Market Purchased may be purchased by other methods, i.e. Federal, State or local contracts. 1.43 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.44 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.45 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.46 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or proposal for any contract, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.47 DISPUTES In the event of a conflict between the documents, the order of priority of the documents shall be as follows: . Any agreement resulting from the award of this Bid (if applicable); then BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 13 . Addenda released for this Bid, with the latest Addendum taking precedence; then . The Bid; then . A wardees Bid. 1.48 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the RFP opening because of a disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. 1.49 GRATUITIES Proposers 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 proposal. 1.50 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bibber or contractor, which offer shall be deemed accepted upon approval by the- City Commission of the City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. Additionally, the City may take such action. 1.51 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERB ALL Y OR AFTER SAID DEADLINE. 1.52 TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at that time. 1.53 PUBLIC ENTITY CRIMES (PEC): 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 or services 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 bids 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 of36 months from the date of being placed on the convicted vendor list. BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 14 1.54 DETERMINATION OF RESPONSIVENESS: Determination of responsiveness taken place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. 1.55 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges will be accepted, Le.; 12-14 days. 1.56 CONE OF SILENCE This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No. 2002-3378. A copy of all written communication(s) regarding this bid must be filed with the city clerk. 1.57 TERMINATIONFORDEFAULT If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful bidder of such termination which shall become effective upon receipt by the successful bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the Agreement for all services performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. 1.58 TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful bidder in accordance with the Agreement for all services actually performed by the successful bidder and reasonable direct costs of successful bidder for assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 15 of the Agreement. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this section. 1.59 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability . Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverage's required by the Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. A copy of the endorsement(s) naming the City of Miami Beach as an additional insured is required and must be submitted to the City's Risk Manager. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. BID NO: 20-04/05 DATE: 05/18/05 CITY OF MIAMI BEACH 16 Original signed Certificates of Insurance, evidencing such coverage's and endorsements as required herein shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 17 Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City. shall have the right to consider the contract breached and justifying the termination thereof. Ifbidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 18 XXX 1. XXX 2. XXX 3. XXX 5. XXX 7. XXX 8. XXX 9. INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. Comprehensive General Liability (occurrence form), limi ts of liability $ 1.000.000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $1,000,000 each occurrence - ownedlnon-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. AUSTIN TUPLER TRUCKING, INC. ~~ - Bidder Signature of Bidder BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 19 REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT BID # 20-04/05 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, for Removal and Disposal of Construction Debris and Asphalt as specified herein, from a source(s) of supply that will give prompt and efficient service. 2.2 TERM OF CONTRACT: This contract shall remain in effect from the date the contract is entered into by the successful bidder( s) and the City, until Septem ber 30, 2006, and may be renewed by mutual agreement for three (3) additional years. 2.2.1 Orders will be placed to vendors on an as-needed basis to meet City usage requirements. 2.2.2 Providing the successful bidder will agree to maintain the same price, terms and conditions of the current contract, this contract could be extended for an additional three (3) years, on a year to year basis, ifmutually agreed upon by both parties. 2.3 METHOD OF A WARD Award of this contract will be made to primary and secondary lowest and best bidders, as defined in General Conditions 1.48, whose bid will be most advantageous to the City of Miami Beach. Should the primary vendor fail to comply with the Terms and Conditions of this Contract, the City reserves the right to award to the secondary vendor, if it is deemed to be in the best interest of the City. 2.4 PAYMENT: Invoices for payment will be submitted on a monthlv basis for the duration of the contract. Invoices will be subject to verification and approval by the Public Works Director or designated representative. 2.5 ADDITIONS/DELETIONS OF FACILITIES: N/A 2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the bid on the Bid Form shall remain fixed and firm during the initial term of this contract at which time they will be reconsidered for Adjustment prior to renewal as follows: Change shall not be more than the percentage increase or decrease in the Consumer Price Index CPI-U (all urban areas) computed 60 days prior to the anniversary date of the contract. 2.7 PRE-BID CONFERENCE/SITE INSPECTION: A Pre-Bid Conference will be held at 10:00 A.M on June 1st, 2005 at the City of Miami Beach City Hall, 4th Floor, City Manager's Small Conference Room, Miami Beach Florida 33139. BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 20 2.8 VENDOR APPLICATION The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet@, this new South Florida Purchasing system has replaced the DemandStar system and allow vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.com/scriots/southflorida/oublic/home I.aso. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. 2.9 CONTACT PERSON: The contact person for this Invitation to Bid is John Ellis. The contact person may be reached by phone: 305.673.7490; fax: 305.673.7851; or e-mail: iohnellis@miamibeachfl.aov . Communications between a proposer, bidder, lobbyist or consultant and Procurement Staff is limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the contact person, with a copy to the City Clerk, no later than ten (10) calendar days prior to the scheduled Bid opening date. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written addendum to this Bid. Bidders should verify with the Procurement Division prior to submitting a proposal that all addenda have been received. YOU MUST FAMILIARIZE .YOURSELF WITH GENERAL CONDITION 1.66, ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS. 2.10 SAMPLES: N/A 2.11 RESPONSE TIME: Weekday Service Calls (Monday-Thursday): a not to exceed 24-hr response time is required; Weekend Service Calls (Friday-Sunday): service shall be provided on the following work day (i.e. Monday A.M.); unless otherwise agreed at the time of the service call. 2.12 LIQUIDATED DAMAGES: Failure to respond to a service call within the specified time may result in the successful bidder being assessed the additional cost incurred by the City (liquidated damages) for any and all costs associated with the service performed by a secondary vendor. 2.13 DISCOUNTS (From published price lists): N/A 2.14 ESTIMATED QUANTITIES: 'Quantities stated are for bidders' guidance only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous needs and estimated usage for one (1) period. Said estimated quantities may be used by the City for the purpose of evaluating the low bidder meeting specifications. 2.15 HOURLY RATE: N/A BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 21 2.16 WARRANTY: N/A 2.17 PRODUCT/CATALOG INFORMATION: N/A 2.18 REFERENCES (pROVIDE REFERENCES IN THE CUSTOMER REFERENCE FORM) Each bid must be accompanied by a minimum of six (6) references, of which three (3) separate references must have been for contracts in the annual amount of$15,000 or Higher. Reference shall include the name of the company, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.19 COMPLETE PROJECT REQUIRED: These specifications describe the various items or classes of work required, enumerating or defining the extent of same necessary, but failure to list any items or classes under scope of the several sections shall not relieve the contractor from furnishing, installing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the project. 2.20 FACILITY LOCATION: Public Works Yard located at 451 Dade Boulevard, Miami Beach, Florida. Removal and disposal of debris and/or asphalt from other locations within the City limits may be requested. 2.21 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has experience in the type of service included in this scope of work; and has provided similar type, size and complexity of such work. The evidence will consist of listing of work that has been provided to public and private sector clients, ei. nature of WORK within the last three (3) years. 2.22 LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 2.23 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 22 2.24 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COPY of the Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.25 MAINTENANCE AGREEMENT: N/A 2.26 EQUAL PRODUCT: N/A BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 23 REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT BID # 20-04/05 3.0 MINIMUM SPECIFICATIONS BULK HAULING The debris consist of materials accumulated from pipe line construction, sidewalk, street repairs and street light projects. The material is sandy soil, concrete, with small amounts of vegetation mixed together and stockpiled at 451 Dade Boulevard, Miami Beach, Florida. Asphalt to be stockpiled separately for removal and disposal at the same location. The contractors' bid shall include all dump trucks, drivers, fuel, maintenance, repairs, insurance, license tags, current inspection stickers, permits, licenses, dumping fees, mileage and all incidentals necessary for the legal operation of the removal and disposal of all construction debris and asphalt. The contractor shall be responsible for compliance with all Federal, State, County and municipal regulations and shall be fully accountable for all costs and penalties resulting from infractions thereby. The trucks shall be ofa maximum 22 ton capacity. A minimum offive (5) trucks shall be supplied each day the work is required. The contractor shall be available to provide this service between the hours of 8:00 am to 3:00 pm Monday thru Friday until all of the debris and/or asphalt is loaded. Each truck will be required to make a minimum of three (3) trips per day. A minimum of two (2) trucks shall be at the above mentioned site between the above mentioned times/days. The City will load trucks utilizing a full size loader and provide warehouse personnel to verify capacities of trucks, and issue "Debris Removal Receipts" for the number of cubic yards hauled. The removal receipt will be a three part carbonless copy individually numbered in ascending order. The contractor will be supplied with one (1) copy of the removal receipt and two (2) copies will be retained by the City. Invoices for material hauled shall include receipt copy by number, date hauled, cubic yards per receipt and total yards hauled. The Contractor is to provide the City with proof that all materials mentioned above are being disposed of in a proper manner and at a disposal site legally allowed to accept said materials. BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 24 CITY OF MIAMI.BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\www.miamibeachfl.gov lQ PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 20-04/05 ADDENDUM NO.2 July 5, 2005 REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT is amended as follows: CHANGE: The Bid Opening Date from July 8, 2005 to July 15,2005 at 3:00 p.m. CHANGE: The City is hereby requesting bid prices per ton for the following: 1) Construction Debris which will consist of: a. Excavated roadway materials such as; asphalt, base rock, sand, flowable fill or broken pieces of concrete. b. Broken slabs of concrete sidewalk c. Broken pieces of curb / gutter. d. Broken pieces of wire mesh or reinforcing bars. e. Some grass / dirt vegetation and some tree roots. f. Broken water meter boxes (concrete or fiberglass). 2) Asphalt only, to be separated by the City. CHANGE: The deadline for the receipt of questions to July 7, 2005. ADD: Currently the City is paying the current vendor (Aggregate Solutions) as follows: 1) $100.00 per 22 ton truck load for "clean construction debris". 2) $135.00 per 22 ton truck load for "mixed materials, which include wood, tree branches, broken meter boxes, asphalt, concrete, and mixed in construction debris. 3) However, the current vendor has submitted a price increase request which is being evaluated by the City's Public Works Department. ADD: Bidders shall provide the name and address of the location(s) they intend to dump all materials with their bid submittal or within 5 calendar days from a written request from the City's Procurement Division. ADD: Based on the bids received the City reserves the right to award separate contracts (one for the Construction Debris and one for the Asphalt) or ONLY one for the Construction Debris, whichever is deemed to be in the best economic interest of the City . REVISE: The Bid Form as Amended below. Bidders are reminded to please acknowledge receipt of this addendum with their bids or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT BID # 20-04/05 Bid Proposal Page 1 of 2 COMPANY NAME: We propose and agree, if this Bid is accepted to contract with the City of Miami Beach, Florida to furnish all necessary dump trucks, drivers, fuel, maintenance, repairs, insurance, license tags, current inspection stickers, permits dumping fees, mileage, supervisors, and all incidentals necessary for the legal operation of the removal and disposal of all construction debris and asphalt in accordance with the bid specifications, from the date the contract is executed through September 30, 2006 with an option to renew on an annual basis for up to three (3) additional one year periods. Price per ton, hauled to a legal dump site utilizing 22-ton dump trucks: DescriDtion Price oer Ton Est. Quantities Total Removal/Disposal of Construction Debris $ /Ton 15,000 Tons $ Removal/Disposal of Asphalt (only) $ /Ton 3,000 Tons $ GRAND TOTAL: $ WRITTEN AMOUNT NOTE: Based on the bids received the City reserves the right to award separate contracts (one for the Construction Debris and one for the Asphalt) or ONLY one for the Construction Debris, whichever is deemed to be in the best economic interest of the City. BID NO.: 20-04/05 DATE: 07/05/05 (AMENDED) CITY OF MIAMI BEACH 25 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\www.miamibeachfl.gov lQ PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 20-04/05 ADDENDUM NO.1 June 13, 2005 REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT is amended as follows: ADD: An additional Pre-Bid Conference/Site Visit is scheduled for June 24 2005 @ 10:30 a.m. at the City of Miami Beach, City Hall, 4th Floor, in the City Manager's Small Conference Room located at 1700 Convention Center Drive. CHANGE: The deadline for receipt of questions to June 28, 2005. CHANGE: The Bid Opening Date from June 17, 2005 to July 8, 2005 at 3:00 p.m. Inasmuch as this change does not materially affect the bid document, bidders are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director 305 673 7851 REMOVAL AND :DISP()SAL OF CONSTRUCTION DEBRIS AND ASPHALT )lID # 20-04/05 Bid Proposal Page 1 of 2 COMPANY NAMIl',-: AUSTIN TUPLER TRUCKING, INC. We propose and agre ~" if this Bid is accepted to contract with the City of Miami Beach, Florida to furnish all necessary dunl{:' trucks, drivers, fuel, maintenance, repairs, insurance, license tags, current inspection sl:i~;kersf permits dumping fees, mileage, supervisors, and all incidentals necessary for the lE~ ~:al operatioD of the removal and disposal of all construction debris and asphalt in accordance 'with the bid specifications, from the date the contract is executed through September 30, 2001(i; witil an OP~OD to renew on an annual basis for up to three (3) additional one year periods. Price per ton, hauled to ,I aegal dump site utilizing 22-ton dump trucks: Descriotion Price Def Ton Est. Ouantities !!n!! RemovallDisposal oi' S 14.50 Construction Debris: rron 15,000 Tons $ 217,500.00 RemovaJ/Disposal of 54,000.00 Asphalt (only) S 18.00 rron 3,000 Tons S GRAND TOTAL: $ 271,500.00 TWO HUNDRED SEVENTY ONE THOUSAND FIVE HUNDRED AND 00/100 DOLLAas WRITTEN AMOUNT NOTE: Based on the bids received the City reserves the right to award separate contracts (OIl ':~ for l!he Construction Debris and one for the Asphalt) or ONLY one fOf tbe COD'!rtruction Debris, whiche,'er is deemed to be in the best economic interest of th dO! Cit) '. BID NO.: 20-04/05 DATE: 07/05/05 (AM ENDl1tD) CITY OF MIAMI BEACH 25 REMOV AL AND DISPOSAL OF CONSTRUCTION DEBRJS AND ASPHALT BID # 20-04/05 Bid Proposal Page 2 of 2 PAYMENT TERMS: NET 30. Ifother, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: GLEN TUPLER, President COMPANY NAME: AUSTIN TUPLER TRUCKING, INC. SIGNED: .~~ (I certify that. authorized to execute this proposal and commit the bidding firm) Bidders ~ acknowledge receipt of addendum (if applicable). ADDENDUM No. 1: 6/13/05 Insert Date ADDENDUM No. 2: 7/5/05 Insert Date ADDENDUM No.3: Insert Date ADDENDUM No.4: Insert Date NAME/TITLE (Print): GLEN TUPLER, President ADDRESS: 6570 S.W. 47th Court CITY 1ST ATE: Davie, FL ZIP: 33314 TELEPHONE NO: (305) 949-4148 (954) 583-0844 9954) 583-0801 FACSIMILE NO: FEDERAL I.D.#: 59-1426412 BID NO: 20-04/05 DA TE: 05/) 8/05 CITY OF MIAMI BEACH 26 MIAMI (305) 949.41.48 HOMESTEAD (305) 374-0261 -~.)~ _~\. . J:;~3lr.."" - ~ ~ I"~';:-;"'~ _J..l-- .~~. - I~:f--' - - - _. I '. ~_ _. m, _ ~ ~ I ., - ~.""'r I . ~ ,.,' ~.. ~,... ~ (' :' .... " . ___..~.l.'~ BOYNTON BEACH (561) 732-3602 BOCA RATON (561) 243-0133 I \ AUST IN ~~.; INC. 6570 S.W. 47th COURT DAVIE. FLORIDA 3~314 PHONE (954) 583-0801 FAX (954) 583-osu. FACSIMILE TRANSMISSION COVER SHm TO: J.ohn DATE: Sl- \Q-05 C TOTAL PAGES TRANSMlnED COMPANY: . i+{ C>P m ; a;n:, (INCLUDING THIS PAGE): VIA FAX # 305 - '(o-r~.1~51 J RE:.Kem()val 0)1& ~O~ 0+ COOS1rU.~cY1 and A5PhCL\+c B\b~'Z.D-olt\D5 MESSAG~ we ,^,,'~Ll be -\a lUng pl~br;S ::to ~~jn9@ 1951 &:..awf::\i~ J<Qo.dJ 'H>moano. t\nd we 'Ni~l b~ ::tg\(iV1~ asphaJUo fV\ecJ~o.nd+ill ~ q~o ~~ ~9 (We J M~ FROM: The information contained in this facsimile message is confidential. If the reader of this message is not the intended recipient. you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have moeivad this in error, pIM~! ~~fy U~ by t~ll!phora. jM~ediately. REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT BID # 28-03/04 BID CHECK LIST To ensure that your bid is submitted in conformance with the Contract Documents, please verify that the following items have been completed and submitted as required. X Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.25 X Execution of Bid General Conditions Section 1.2 N/A Equivalents/Equal Product General Condition Section 1.67 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.33 Special Conditions Section 2.8 Bid/Performance Bond X General Condition Section 1.34 N/A Warranty Special Conditions Section 2.17 N/A Product/Catalog Information Special Conditions Section 2.18 X References Special Conditions Section 2.19 / Page 26 X Bidder Qualifications Special Conditions Section 2.22 X Exceptions to Specifications Special Conditions Section 2.24 X Contractor's Questionnaire (Page 28) BID NO: 20-04/05 DA TE: 05/18/05 CITY OF MIAMI BEACH 27 REMOV AL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASPHALT Bid # 28..03/04 CUSTOMER REFERENCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of six (6) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. (See "2.18 References", page 21, and "Minimum Requirements, page 2) 1) Company Name American Engineering Address 11765 W. Okeechobee Road, Hea1eah Gardens, FL 33018 Contact Person/Contract Amount Paul Wanamaker $500,000 Telephone No. (305) 825-9800 Fax No. (305) 825-9806 2) Company Name Palm Beach Grading, Inc. Address 1250 Gateway Road, Lake Park, FL 33403 Contact Person/Contract Amount Bob Richardson $250,000 Telephone No. (561) 842-9551 Fax No. (561) 842-9824 3) Company Name W. Jackson & Sons Const. Co. Address 1888 N.W. 21st St., Pompano Beach, FL 33069 Contact Person/Contract Amount Lane Burg $50,000 Telephone No. (954) 973-3060 Fax No. (954) 960-1679 4) Company Name City of Miami Beach '. Address 1700 Convention Center Drive, Miami Beach, FL 33139 Aggregate Hauling Contact Person/Contract Amount Ron $50,000 Telephone No. (305) 673-7490 Fax No. (305) 673-7851 BID NO: 20.04/05 DATE: 05118105 CITY OF MIAMI BEACH 28 CUSTOMER REFERENCE LISTING (CONTD.) 5) Company Name Broward County Address 115 S. Andrews Ave., Suite 212, Fort Laud., FL 33301 Contact Person/Contract Amount Liz Overton $25,000 TelephoneNo. (954) 357-6065 Fax No. (954) 357-8535 6) Company Name City of Coral Springs Address 9551 West Sample Road, Coral Springs, FL 33065 Contact Person/Contract Amount Arthur Resnick $50,000 Telephone No. (954) 344-1100 Fax No. (954) 344-1186 7) Company Name Sonic Engineering Address 1302 NW 33rd St., Pompano Beach, FL 33064 Contact Person/Contract Amount Ron $100,000 Telephone No. (954) 972-1698 Fax No. (954) 972-1611 8) Company Name Address Contact Person/Contract Amount Telephone No. Fax No. Bm NO: 10-04/05 DATE: 05/18105 CITY OF MIAMI BEACH 29 REMOV AL AND DISPOSAL OF CONSTRUCTION DEBRIS AND ASBP AL T Bid # 28-03/04 C9NTRACTOR'S OUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By AUSTIN TUPLER TRUCKING. INC. Principal Office 6570 S.W. 47th Court, Davie, FL 33314 How many years has your organization been in business under your present business name? 43 Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? yes Davie Dec. License #05-00097 State of Florida occupational license - state type and number: Broward Cty. Dec. License #379- 0012915 Dade County certificate of competency - state type and number: N / A City of Miami Beach occupational license - state type and number: no Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? 43 Have you ever had a contract terminated due to failure to comply with contractual specifications? no If so, where and why? In what other lines of business are you financially interested or engaged? Supplying and hauling of aggregates, removal of water or waste sludge from water plants or waste treatment plants. Give references as to experience, ability, and fmancial standing See pages 28 and 29 with references given. BID NO: 10-04/05 DATE: 05/18/05 CITY OF MIAMI BEACH 30 CONTRACTOR'S OUESTIONNAIRE (CONTD.) What equipment do you own that is available for the proposed work and where located? We have over 200 tandem, triax1e and dump trailers leased to our company which are owner-operators (independent contractors) with various makes and models. Please list the names and addresses of subcontractors to be used, if any. Vendor Campaign Contribution( s): a. You must provide the names of all individuals or entities (including your sub...consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. Glen Tup1er owns 33% Austin Tup1er Trucking, Inc. Glen~Tup1er owns 33% of M & G Fill Corp. Glen Tup1er owns 100% of Glen Contracting, Inc. AustinW. Tup1e~ owns 33% of Austin Tup1erTrucking, Inc. Marc Tup1er owns 33% of Austin Tup1er Trucking, Inc. b. Individuals or entities (including our sub-consultants) with a controlling financial interest: have have not 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. Please provide the name( s) and date( s) of said contributions and to whom said contribution was made. None BID NO: 20-04/05 DATE: 05/18/05 CITY OF MIAMI BEACH 31 CONTRACTOR'S QUESTIONNAIRE (CONTD.) I HEREBY CERTIFY that the above answers are true and correct. >l~ ~ GLEN TUPLER,. esident (SEAL) (SEAL) BID NO: 20-04/05 DATE: OS/18/05 CITY OF MIAMI BEACH 32