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Florida Superior Sand, Inc. COCm MIAMIBEACH C a e' ~j~/~8' CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For the Purchase and Delivery of Rock, Soil, and Sand CONTRACT NO.: 22-07/08 EFFECTIVE DATE(S): September 1, 2008 through August 31, 2009, with two (2) additional one (1) year renewal options. SUPERSEDES: 30-03/04 CONTRACTOR(S): Florida Superior Sand, Inc ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on July 16, 2008, for approval to award contracts, upon execution between the City of Miami Beach Florida and Contractor(s). B. EFFECT -This Contract is entered into to provide electrical supplies for the City of Miami Beach, pursuant to City Invitation to Bid (ITB) No. 22-07/08 and any addenda thereto, and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number (22- 07/08), with the current expiration date of August 31, 2009, 2010, or 2011 as applicable. D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any failure of Contractor to provide rock, soil, and sand supplies according to the requirements of the Contract Documents to Michael Alvarez, City of Miami Beach Public Works Assistant Director at 305-673-7000 ext. 6629 or Kevin Smith, City of Miami Beach Parks and Recreation Director at 305-673-7000 ext 6643. E. INSURANCE CERTIFICATE(S) -The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager prior to delivery of supplies, and/or commencement of any services/work by Contractor. CITY CLEF;K Page 2 Certification of Contract F. ASSIGNMENT AND PERFORMANCE -Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work, and/or services required by the Contract Documents without the prior written consent of the City. Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) provided to or on behalf of City shall meet the City's cleanliness standards for City facilities and parking garages. G. SERVICE EXCELLENCE STANDARDS -Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times and adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR -Contractor is an independent contractor under this Contract. Supplies, work and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 2 Page 3 Certification of Contract THIItD PARTY BENEFICIARIES Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. K. NOTICES - .Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Gus Lopez, Procurement Director With copies to: Michael Alvarez Public Works, Assistant Director Public Works Department 1700 Convention Center Drive Miami Beach, Florida 33139 Kevin Smith Parks and Recreation, Director Parks and Recreation Department 2100 WashinEton Avenue Miami Beach. Florida 33139 For Contractor: Florida Suuperio Sand, Inc. P.O. Box 5901 Lighthouse Point, FI 33074 Attn: Marion A. Jefferson L. MATERIALITY AND WAIVER OF BREACH -City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. 3 Page 4 Certification of Contract City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. N. APPLICABLE LAW AND VENUE -This Contract and/or the Contract Documents shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurances) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and all addenda issued, and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; (iii) contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 Page 5 Certification of Contract IN WITNESS WHEREOF the City d Contractor have caused this Certification of Contract to be signed and attested on this ~ day of 200', by their respective duly authorized representatives. ,T l-c ~-Y CITY OF MIAMI BEACH ,.~'`f ATTES a Secretary/ Sign re Print Name By ayor ATTEST: ~~~~ City Clerk F:\PURC\$ALL\Maria\Bids\07-08\ITB-22- 07-08 For the Supply and Delivery of Rock, Soil, and Sand\Contracts\Florida Superior Sand.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ,`~ ,ti.~..6~[ ity tto 4, ate 5 Print Name CrUMM15~lUN I i tM SUMMAKY Cnndpncprl Titlpe Request For Approval To Award Primary and Secondary Contracts To The Following Vendors: Austin Tupler Trucking, Inc; Florida Superior Sand Inc; Allied Trucking of Florida; Cemex/Rinker Materials '. Corporation; Golf Agronomics; Chin Diesel, Inc; and Pro-Grounds Productions, Inc. Pursuant To Invitation to Bid (ITB) No. 22-07/08 For The Purchase and Delivery of Rock, Soil, and Sand, In The Estimated Annual Amount Of $239 118. Ke Intended Outcome Su orted: Ensure Well-Maintained Facilities and Ensure Well-Maintained Infrastructure. Supporting Data (Surveys, Environmental Scan, etc.): The 2007 Community Satisfaction Survey indicates that 49% of residents and 54% of businesses feltthat the condition of the sidewalks was good or excellent; 76% of the residents and 75% of the businesses felt that the rks maintenance were ood or excellent. Issue: Shall the Mayor and City Commission approve the bid award? item Summa /Recommendation: The purpose of invitation to Bid No. 22-07!08 (the °Bid") is to establish a contract, by means ofsealed bids, for the supply and delivery of rock, soil and sand on an as needed basis, from a sources} of supplythatwill give prompt and efficient service. Invitation to Bid (ITB) No. 22-07/08 was issued on April 09, 2008, with an opening date of May 29, 2008. A pre-bid meeting to provide information to the suppliers submitting a response was held on April, 25, 2008. BidNet issued bid notices to 55 prospective bidders, RFP Depot issued bid noticesfio 24 prospective bidders, and 30 additional bidders were notified bythe Procurement Division via mail, a-mail, and faxtransmission, which resulted in the receipt of eight (8) bids. The User Group participants presented their ndividual perceptions of the bidder's qualifications, experience, competence, and ranked the bidders being evaluated accordingly. tt was decided to be in the best interest of the City to recommend independent primary and secondary awards for each user department. The outcome of this bidding process would result in a considerably reduction of the overall expenditures on the acquisitbn of Rock, Soil, and Sand; approximately 10% overall savings to the Public Works Department and 20% overaN savings to the Parks and Recreations Department ', THE ADMINISTRATION RECOMMENDS APPROVING THE AWARDS. Advisory Board Recommendation: Financial Infnrmatinn• Source of Ju~E .<::. l~,ccour>x - Funds: 1 $38,000 Parks and Recreation Department, Miami Beach Golf Course Account No. 011-0970-000-343 2 $33,950 Parks and Recreation Department, Normandy Shores Golf Course Account No. 011-0975-000-343 3 $42,292 Public Works Department Sewer Account No. 425-0420- 000-343 $42,292 Public Works Department Streetlights Account No. 011- 0840-000-343 5 .: $42,292 Public Works Department Water Account No. 425-0410- - 600-343 g $42,292 Public Works Department Storm Account No. 427-0427- 000-343 OBPI Tot$t~ $239,118 Financial Impact Summary: Ci Clerk's Office Le Islative Trackin Gus Lopez extension 8641 C • ~..._Aiic • / v~ •rv i~patttnet~t Victor : l~-ss)sta~~k ~ r~ r :. ~1~, . ~r GL J FB KS RCM JMG T:IAGENDA120081Ju1y 161ConsentllTB-22-07-08 Rock, Shc, and Sand - 3u-rxnary.doc &l3EAli?A 3TE~il G°~ ~ ~~~~ ~~~ 21 CiJ4TE ~'~(/-t7 City of Miami 8eaeh, 1700 Convention Center Drive, Miami Beach, Fbrida 33139, www.miamibeachfl.gov COMMISSfON MEMORANDUM To: Mayor Matti Herrera Bower and Members of a City Commission FROM: Jorge M. Gonzalez, City Manager DATE: July 16, 2008 SUBJECT: REQUEST FOR APPROVAL TO AWARD PRIMARY AND SECONDARY CONTRACTS TO THE FOLLOWING VENDORS: AUSTIN TUPLER TRUCKING INC, FLORIDA SUPERIOR SAND, INC, ALLIED TRUCKING OF FLORIDA, CEMEX/RINKER MATERIALS CORPORATION, GOLF AGRONOMICS, CHIN DIESEL, INC, AND PRO-GROUNDS PRODUCTIONS INC. PURSUANT TO INVITATION TO BID NO. 22-07/08, FOR THE PURCHASE AND DELIVERY OF ROCK, SOIL, AND SAND IN THE ESTIMATED ANNUAL AMOUNT OF $ 239,118. ADMINISTRATION RECOMMENDATION Approve the award of contracts. BID AMOUNT AND FUNDING Funds in the amount of $ 319,642 are available from the budgeted accounts of Public Works Department and Parks and Recreation Department as follows: $ 36,000 from Parks and Recreation Department, Miami Beach Golf Course Account No. 011-0970-000-343 $ 33,950 from Parks and Recreation Department, Normandy Shores Golf Course Account No. 011-0975-000-343 $ 42,292 from Public Works Department Sewer Account No. 425-0420-000343 $ 42,292 from Pubiic Works Department Streets and Streetlights Account No. 011-0840-000343 $ 42,292 from Public Works Department Water Account No. 425-0410-000343 $ 42,292 from Public Works Department Storm Account No. 427-0427-000343 KEY INTENDED OUTCOME SUPPORTED Ensure Well-Maintained Facilities and Ensure Weil-Maintained Infrastructure. ANALYSIS The purpose of Invitation to Sid No. 22-07/08 (the "Bid") is to establish a contract, by means of sealed bids, for the supply and delivery of rock, soil and sand on an as needed basis, from a source(s) of supply that will give prompt and efficient service. Invitation to Bid (ITB) No. 22-07/08 was issued on April 09, 2008, with an opening date of May 29, 2008. Apre-bid meeting to provide information to the suppliers submitting a 22 Commission Memorandum - ITB-22-07/08 July 76, 2008 Page 2 of 6 response was held on April, 25, 2008. BidNet issued bid notices to 55 prospective bidders, RFP Depot issued bid notices to 24 prospective bidders, and 30 additional bidders were noted by the Procurement Division via mail, a-mail, and fax transmission, which resulted in the receipt of following eight (8) bids: 1. Cemex/Rinker Materials Corporation, Aggregate Division 2. Austin Tupler Trucking, Inc 3. Chin Diesel, Inc 4. Pro-Grounds Products Inc 5. Allied Trucking of Florida fi. ABC Transfer Inc 7. Golf Agronomics 8. Florida Superior Sand, Inc The contract entered into by the City and the rock, soil, and sand suppliers shall remain in effect for a period of for one (1) year from the time of award by the Mayor and City Commission. Providing the successful bidder(s) will agree to maintain the same price, terms and conditions of the current contract, this contract could be extended for an additional two (2) years, on a year to year basis, if mutually agreed upon by both parties. The responsiveness test performed by the Procurement Deparkment resulted in all bids deemed responsive. The following individuals (the "User Group"} reviewed responsive bids and made a recommendation. • Martha Torres, Warehouse Supervisor, Public Works Department • Carlos Da Cruz, Office Associate V, Parks and Recreation Department Pursuant to Section 2-369 of the Miami Beach City Code, the City shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, the User Group considered the following Evaluation Criteria to rank the bidders: 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, yvithout delay or interference. c. The character, integrity, reputation, judgment, 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. The User Group participants presented their individual perceptions of the bidder's qualifications, experience, competence, facilities, and ranked the bidders being evaluated accordingly. It was decided by the user group's participants to be in the best interest of the City to recommend independent primary and secondary: awards for each user department. 23 Commission Memorandum -ITB-22-07/08 July 16, 2008 Page3of6 The Parks and Recreation Department received from Florida Superior Sand, Inc, an aitemate product (FSS #100 Bunker Sand) for the material currently utilized for the maintenance of the Miami Beach Golf Course (G-Angle Bunker Sand}. Samples were requested in order to prove the suitability of the components and ingredients of said aitemate materials. Additionally, information regarding the golf courses that currently purchase those products from Florida Superior Sand, Inc was also requested. Based on the examination of the samples received on June 26, 2008 from Florida Superior Sand, Inc, the Parks and Recreation Department concluded the following: Parks and Recreation Materials Item # 2 - G-Angle Sand -Bunker Sand: The Parks and Recreation Department has decided to select the current provider of this product Goff Agronomics at $34.50/ton and reject the proposed FSS # 100 bunker sand proposed by Florida Superior Sand, Inc at $23.50. According to the Miami Beach Golf Course Superintendent, the FSS #100 bunker sand does not meet the same specifications as the G-Angle sand, which is used consistently at the Miami Beach Golf Club since its construction completed in December of 2002. The same conditions occur on the new Normandy Shores GotF Course, both courses designed by Arthur I-lills /Steve Forrest and Associates, Golf Course Architect. In comparison, the FSS #100 will change color to a darker tone, provide less drainage, and create more of a fried egg effect (golf term) in comparison to the specfied G-Angle sand. Parks and Recreation Materials Item # 3 -304 Top DressingSand USGA Medium Dressn4: The Parks and Recreation Department has decided to select the current provider of this product, Goff Agronomics at $25.75/ton and reject the proposed product by Florida Superior Sand, Inc at $23.00, based on the opinion of the golf course consultant as follows: As recommended by Dr. Ronny R. Duncan, industry expert and application founder of Seashore Paspalum turfgrass, "Always use the same sand that the original greens were constructed with and never go finer in particle size since that will create a layer that could result in a complete greens construction sooner than desired". This is also in concurrence with Arthur Hiiis /Steve Forrest and Associates, Golf Course Architect for Miami Beach Golf Club, and Normandy Shores Golf Club (currently completing construction and in grow in stage). The following chart summarizes the primary and secondary prices by line item for each user department as resulted from the ITB# 22-07/08 Bid Opening dated on May 29, 2008: P BLI WORK DEPA RTMENT MATERIA L Item Descri lion Prima Vendor Unit Cost iper ton) Seconds Vendor Unit Cost(psr ton) 1 Concrete Screening Austin Tupler $25.24 Chin Diesel, Inc $27.50 Sand Truckin Inc 1 da 2 da s 2 Crushed Lime Rock Austin Tupler $15.14 Allisd Trucking of $16.30 Base Truckin Inc 1 da Florida Next da 3 Ballast Rock #4 Cemex/Rinker $22.88 Austin Tupler $23.09 Materials Co 3 da s Truckin Inc Next da 4 Pea Rock Austin Tupler $24.04 Chin Diesel, Inc $26.50 Trucidn Inc 1 da 1 da 5 A.S.T.M. Rock #,57 Austin Tupler $22.54 Allied Trucking of $25.40 Truckin Inc 1 da Florida Next da 24 Commission Memorandum -ITB-22-07/08 July 16, 2008 Page 4 of 6 PARKS AND RECREATION DEPARTMENT MATERIALS Item Description Primary Vendor Unit Cost Secondary Vendor Unit Cost r ton r ton 1 Green Sand with nutrient Florida Superior $37 ~ Golf Agronomics $39.00 charge 4 Ibs 6-9-15 per ton of Sand, Inc 2 days 2 days sand 2 G- Angle- Golf Agronomics Golf Agronomics $34.50 No Award -No vendor Bunker Sand 2 da s meet apectticattons 3 304 top Dressing Sand Golf Agronomics 75 $25 No Award -No vendore USGA Medium Dressing . ' 2 days meatspecftications ' 4 Coquina Cemex / Rinker $28.88 Allied Trucking of $30.95 Materials 3 da Florida Next da 5 Divot mix 50 #bags USGA No award- Bes: buy No award-ease buy at at current pries of current price of 1210.00 as opposed 1210.00 as opposed to to 1800.00 as oted 1800.00 as noted 6 Drain Rock Allied Trucking of $25.40 Florida Superior Sand $32.85 Florida Next da 2 da 7 304 single dye (green) top Florida Superior $35.50 Goif Agronomics $39.00 dress for divots Sand 2 da s 2 da s 8 50150 sand with peat to fill in Pro-Grounds $28.65 Florida Superior Sand $32.95 wash outs Products, Inc 4 da s 2 da s BENCHMARK_ANA~YSIS The Procurement Office conducted a benchmark analysis which compared the unit prices resulted from ITB#22-07/08 and the unit prices available under the Miami-Dade County Contract No. 4056-0/11(See attached). The Miami-Dade contract 4056-0/11 prequalification vendor list includes the following four (4) vendors: Austin Tupler Trucking Inc, Allied Trucking of Florida, Truck Brokerage, and Cason Investments. The terms and conditions of the aforementioned Miami-Dade County Contract require a Spot Market Quarterly Quote, which consequently amends the primary and secondary vendors and adjusts the unit pricing every 90 days. The vendor shall make deliveries within two (2) calendar days after the date of the order. Additionally, The County User Access Program (UAP) -User Access Fees applies to this Miami-Dade County Contract, which pursuant to Miami-Dade County Budget Ordinance 03- 192, any quotes or orders referring this contract is subject to an additional two (2}percent to defray the cost of the Miami-Dade Procurement Department. The following chart summarizes the unit price comparison, including the 2% UAP, of the materials that were lower in cost under the Miami-Dade County contract, if compared with the City bid: Item Deecriptton Primary Vendor under Miaml-Dade Contract Secondary Vendor under MIamFDade Contract Crly of Mlami Beach ITB/ 22-071~ 1 Ballast Rock #4 $21.63 $22.03 $22.88 2 Pea Rock $21.63 $22.03 $24.04 3 A.S.T.M. Rock #57 $21.63 $22.03 $22•~ 25 Commission Memorandum -ITB-22-07/08 July 16, 2008 Page 5 of 6 The Administration has concluded that it would be in the Cit}rs best interest to award materials that would result in the lowest possible cost to the City. Consequently, the materials resulting in a lower cost under the Miami-Dade County Contract will be rejected under the City of Miami Beach ITB No. 22-07!08 and acquired under the authority of the Miami-Dade County No. 4056-0111. Therefore, awarding the above materials will be awarded under the County Contract is recommended as the price is lower. RECOMMENDATION FOR AWARD The following chart summarizes the City recommendation for award. All recommendations are the lowest price. Therefore, the resulted awards under the authority of City of Miami Beach Contract No. 22-07!08 are as follows: Item Description Primary Vendor Unit Coat Secondary Unit Cost rton Vendor erton 1 Concrete Screening Sand Austin Tupler $25.24 Chin Diesel, Inc $27.50 Truckin Inc 1 da 2 da s 2 Crushed Lime Rock Base Austin Tupler $15.14 Allied Trucking $16.30 Truckin Inc 1 da of Florida Next da 3 Green Sand with nutrient Florida Superior 00 $37 Golf $39'~ charge 4 Ibs 6-9-15 per ton Sand, lnc . 2 days pgr~omics 2 days of sand. 4 G- Angle- Golf Agronomics Golf Agronomics $~} 50 No Award -No Bunker Sand - 2 days vendor meet s Ificatlone 5 304 top Dressing Sand Golf Agronomics $25 75 No Award -No USGA Medium Dressing 2 days vendors meet specHications 6 Coquina Csmex / Rinker $28.88 Allied Trucking $30.95 Materials 3 da s of Florida Next da 8 Drain Rock Allied Trucking of $25.40 Florida Superior $32.85 Florida Next da Sand 2 da s 9 304 single dye {green) top Ftorida Superior $35.50 Golf $39.00 dress for divots Sand 2 da s A ronomics 2 da s 10 50!50 sand with peat to fill Pro-Grounds $28.65 Florida Superior $32.95 in wash outs Products, Inc 4 da s Sand 2 da s The outcome of this bidding process would result in a reduction of the overall expenditures on the acquisition of Rock, Soil, and Sand. The new unit pricing would result in an approximately 10% overall savings to the Public Works Department if compared to the current existing unit prices. Furthermore, the new unit pricing wiU result in an approximately 16% overall savings to the Parks and Recreation Department if compared to the current existing unit prices. The contract entered into by the City and the rods, soil, and sand suppliers shall remain in effect for a period of for one (1) year however, this contract could be extended for an additional two (2) years, on a year to year basis. In order to maintain the competitiveness of these prices, the Administration is recommending the requirement of a annual spot market quote among all the vendors awarded contracts from ITB#22-07/08 (primary and secondary) by the time that the City has to exercise its renewal authority. 26 Commission Memorandum -ITB-22-07/08 July 76, 2008 Page 6 of 6 CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission accept the City Manager's recommendation to award contracts to the aforementioned suppliers for the purchase and delivery of rock, soil, and sand pursuant to ITB No. 22-07/08 in the estimated annual amount of $ 239,118. T:WGENDA120081Ju1y 161ConsentllTB-22-07-08 Rock, Sai, and Sand - Memo.doc 27 c0~`/ rlcQ,~,A S~Pe~.~o SAN~~ ~L, INVITATION TO BID SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB# 22-07/08 BfD OPENING: MAY 9, 2008 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director PRC>CUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov m MIAMIBEACH ~ MI/~MIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH.gov PROCUREMENT DIVISION Tel: 305-b73- 7490, fax: 78b-394,4002 invitation to Bid No. 22-07108 PUBLIC .NOTICE 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 May 9, 2008 for: SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND At time, date, and place above, bids will be publicly opened. Any bids or bids received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/bid before the stated time and date is solely and s#rictly 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. Purpose: The purpose of this bid is to establish a contract, by means of sealed bids, forthe supply and delivery of rock, soil and sand on an as needed basis, from a source(s) of supply that will give prompt and efficient service. Minimum Requirements: Prospective bidders must have been in business for a minimum of 3 years and must submit with their bids, or within five (5) calendar days upon receipt of a request from the Procurement Office, six (6) references, of which at least three (3) separate references must be for contracts over $20,000/year. Estimated`A~nuaf Budget Amount: $160,000. A Pre-bid conference will be held on April 25, 2007 at 10:00 a.m. in the City Manager's Small Conference Room, 4th Floor, City Halt, and 1700 Convention Center Drive, Miami Beach, Florida 331'39. Attendance (in person or via telephone) to this Pre-bid meeting is encouraged and recommended as a source of information, but is not mandatory. Bidders interested in participating in the pre-bid submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: "'2659980" (note that number is preceded and followed by the star ("} key). The City has contracted with B1dNet as our electronic procurement service for automatic notification of bid opportunitiesand documentfulfillment. We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notifications or to obtain a copy of this Bid, go to www.aovbids.com/scripts/southflorida/publiclhome1.asp or cab toll-free 1-800-677- 1997 ext. 214. The City of Miami Beach is using RFP Depot, a central bid notification system which provides bid notification services to interested vendors. RFP Depot allows for vendors to register online and receive notification of bids, amendments and awards. Vendors with Internet access should review asrzooa City of Miami Beach 2 of 38 !TR-22-07i08 the registration options at the following website: www.rfpdepot.com If you do not have Internet access, please call the RFP Depot's vendor support group at 800-990- 9339 or 801-765-9245. Any questions or clarifications concerning this Bid shall be submitted in wri#ing by mail orfacsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (786) 394-4000. 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 bid or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any bid or bid. The City of Miami Beach may reject any and all bids or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BiD IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAYBE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: httpa/www.miamibeachfl.govMewcity/depts/purchase/bidintro.asp • CONE OFSILENCE --ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION N0.2000-23879. • DEBARMENT PROCEEDINGS --ORDINANCE N0.2000-3234. PROTEST PROCEDURES -ORDINANCE N0.2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OFFEES -ORDINANCE N0.2002-3363 • LOCAL PREFERENCE ORDINANCE NO. 2003-3413 • EQUAL BENEFITS ORDINANCE -ORDINANCE N0.2005-3494 Detailed representation of all these ordinances can be found on the City of Miami Beach website at http:l/www. miamibeachfl.gov/newcity/depts/purchase/bidintro.asp Sincerely, i~ Gus Lopez, CPPO Procurement Director 4/9/2008 City ofMiami Beach ~ of 38 [T13-2..-07:08 m MIAMIBEACH City of Miami Beath, 1700 Convention Center Urive, Miami Beach, Florida 33139, www.miamibeachfl.gov fROCUREMENT DIVISION NOTICE TO PROSPECTIVE BIDDERS Tel: 305b73-7490, fax: 786.394.4002 ITB 22A7/07 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 ANDfOR 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, we are unable to bid at this time -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 or this completed form, may result in your company being removed from the City's bid list. 4/912008 City of Miami Beach 3 of 38 fIB-22-07/08 SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-07108 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: An Original and five (5) copies of the 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, electronic, ar e-mailed 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 conections 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 of bid(s). 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Cert~cate Number is 04-00097-09-23. 1.8 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 n~snooa s of 38 City of Miami Beach rra-2~o~ros 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 fumished. 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 if bidding 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 BEDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent 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 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 fumished 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 fumished 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 bidderto eitherdeliverrequiredsamples orto 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. asrzooa 6 of 38 City of Miami Beach ITB-2~07~U8 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 shalt 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. E-mail mestevezCc~miamibeachfl.gov with a copy to GusLopezCa~miamibeacfl.gov. 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 8 TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the 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. 1.1T 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 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 noway be a cause for relief from responsibility. 1.20 PATENTS 8 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. arsrzooa ~ ot~:~s City of Miami Beach I'I'8-22-07iU8 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: To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305- 673-7524 (fax) or 305fi73-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 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 LIABfLITY, 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 assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami-Dade County and City of Miami Beach municipal code requirements as well as the 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 BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. After acceptance of bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in Special Conditions 1.28 DEFAULT: Failure or refusal of a bidderto execute a contract upon award, orwithdrawal 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, orwhere surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list. 4192008 8 of 38 City of Miami Beach ITf3-22-07/O8 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 to the ordering department; with a copy to the Accounts Payable Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. 1.31 NOTES 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 aself- addressed stamped envelope with the bid. 1.35 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, if made, 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 BidNet~ via a-mail orfacsimile to each Bidder receiving the Solicitation that is a subscriber to the Bidnet® notification system. Bidders who are not subscribers to the Bidnet~ system are responsible for ensuring that they have received all addenda. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall 4192008 Gtity of Miami Beach 9 of 38 ITB-22-07/08 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 Bid 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 pertarmance (experience) with the City in making the award in the best interest of the City. 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 ofthe 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 Bid 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 pertormance 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 pertormance 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 DETERMINATION 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 pertorm the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgment, 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. asaooa City of Miami Beach 10 of 38 ITB-22-07/0$ 1.39 ASSIGNMENT: The cantractor 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 biddershall obtain and pay fora!! licenses, permits and inspection fees required forthis 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 pravided in Section 287.Q42 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of 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 purohase the items specifically listed in this bid from the awarded vendor. However, items that are to be a 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.orfirm 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 Gity 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 bid for - any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in -the preparation and submittal of such bids or bids. Related parties mean bidders orproposers orthe principals thereof which have a direct or indirect ownership interest in another bidder or proposer forthe same contractor 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. 4!92008 11 of 38 City of Miami Beach 1TB-22-07/08 Bids or bids 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 maybe 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 Addenda released for this Bid, with the latest Addendum taking precedence; then The Bid; then Awardee's Bid. 1.48 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid 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 bid. 1.50 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bidder 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. 1.51 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail orfacsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, Florida, 33139 via a-mail: mestevez(a~miamibeachfl.gov with a copy to GusLopezCa~~miamibeachfl.crov. The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prorto the scheduled bid opening date. All responses to questionslclarificationswill besent toall prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY 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 the time of Bid submission. 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 contractwith a public entity forthe construction arsrzooa t2ot s City of Miami Beach t•t•g_,~,2_07ipg 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 of 36 months from the date of being placed on the convicted vendor list. 1.54 DETERMINATION OF RESPONSIVENESS: Determination of responsiveness will take place at the time of bid opening and evaluation. In orderto be deemed a responsive bidder, yourbid 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, i.e.; 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 TERMINATION FOR DEFAULT 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 bidderforthe 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 Gity may, far 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 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. 4!92008 13 of 38 City of Miami Beach ITB-22-07/©8 1.59 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract} The contractor shall be responsible far 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 Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. 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. Original signed Certificates of Insurance, evidencing such coverages 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 orself-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 properly 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. 4J92008 14 of 38 City of Miami Beach ITB-22-07/08 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 contractorwill obtain and maintain contractual liability insurance inadequate limits for the sole purpose of protecting the City of Miami Beach underthe 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. 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. If bidder 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 forthe exclusive use of occupancy of the insured against whom claim is made or suit is filed. 1.60 MODIFICATIONIWITHDRAWALS OF BIDS: A Bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will not be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of Bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will not be considered. 1.61 EXCEPTIONS TO BID Bidders are strongly encouraged to thoroughly review the qualification requirements set forth in this ITB, specifically the minimum specifications found on page 21, ident~ed by the words "must°, "shall', and "will". Bidders who fail to satisfy the requirements set forth, may be deemed non-responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this ITB and you are proposing alternatives to said requirements, you must notify the Procurement Office in 4192008 15 of 38 City of Miami Beach 1TB-22-07/08 writing at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via addendum prior to the deadline for receipt of bids. 4192008 16 of 38 City of Miami Beach TTB-22-07/O8 SUPPLY AND DELIVERY OF ROCK, SC11L, AND SAND ITB # 22-07108 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employers Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form}, limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability.. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. automobile Liability - $1,000,000 each occur-ence -owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the l iability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value $ .00 _ Liquor Liability $ .00 _ Fire Legal Liability $ .00 Protection and Indemnity $ .00 _ _ Employee Dishonesty Bond $ •00 Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of t se specifications a d that evidenc . of this insurance may be required within five {5).days aft bi openin f ~_.. ~'lAf/i~~ ~. J~FF~2S o~ Bidder Sig ature of Bidder 4!92008 17 of 38 City of Miami Beach ITB-22-07/08 SUPPLY AND DELIVERY 4F ROCK, SOIL, AND SAND ITB # 22-07!08 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, for the Supply and Delivery of Rock, Soil and Sand as specified herein, from a source(s) of supply that will give prompt and efficient service. 2.2 TERM OF CONTRACT: This Contract/Purohase Order shall remain in effect for one (1) yearfrom the time of award by the Mayor and City Commission. 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(s) will agree to maintain the same price, terms and conditions of the current contract, this contract could be extended for an additional twa (2) years, on a year to year basis, if mutually agreed upon by both parties. 2.3 METHOD OF AWARD Award of this contract may be made to the primary and secondary Lowest and Best Bidders, as defined in General Conditions 1.38. 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. Award of orders will be based on the vendor's pricing and availability of materials at the time the need arises. It shall be the sole prerogative of the City as the total amount of awarded vendors on this contract. During the term of this contract, the City reserves the right to add or delete vendors as it deems necessary, in its best interest. 2.4 PAYMENT: Invoices for paymentwrill be submitted upon delivery. Invoices will be subject to verification and approval by the ordering Department's designated representative. 2.5 SHIPPING TERMS: Prices shall include freight to City's premises, and shall be F.O.B. Destination. Vendor shall hold title to the goods until such time as they are delivered, installed and accepted by an authorized City representative. 2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the Bidder is awarded a contract under this bid solicitation, the prices quoted by the Bidder on the Bid Form shall remain fixed and firm during the term of this contract; provided, however, that the Bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. The City is also interested in receiving bids that include flexible pricing terms that provide the City with maximum options and flexibility as regulatory and marketplace changes take place. 4192008 18 of 38 City of Miami Beach 1TB-22-07/08 2.7 PRE-BID CONFERENCE: A Pre-bid conference will be held on April 25, 2008 at 10:00 a.m. in the City Manager's Small Conference Room, 4th Floor, City Hall, and 1700 Convention Center Drive, Miami Beach, Florida 33139. Attendance (in person or via telephone) to this Pre-bid meeting is encouraged and recommended as a source of information, but is not mandatory. Bidders interested in participating in the pre-bid submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: "2659980` (note that number is preceded and followed by the star ("") key). 2.8 SITE INSPECTION: N/A 2.9 CONTACT PERSON: The contact person for this Invitation to Bid is Maria Estevez. The contact person may be reached by phone: 305.673.7234; fax: 786.394.4002; or a-mail: mestevez@miamibeachfl.gov. Communication 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 con'ections 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 bid that all addenda have been received. YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.55, ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS. _ 2.10 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 fumished 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 Bidderto either deliver required samples orto 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 2.11 DELIVERY TIME: ' Vendors shall specify on the attached Bid Form the estimated delivery time (in calendar days) for each item. Upon delivery, all materials shall be unloaded by vendor. Delivery shall be prior to 3:30 PM, Monday through Friday with-in the City of Miami Beach. 2.12 LIQUIDATED DAMAGES: NlA 2.13 PERCENTAGE ABOVE VENDOR COST: N/A arsrzooe t 9 of ~x City of Miami Beach ~•i•y_~2_07;pg 2.14 DISCOUNTS (From published price lists): Bids shall be submitted on the basis of a discount from a manufacturer's published price list(s). Such published price list(s) must be common to, and accepted by, the industry in general. The lists must be printed, properly identified, and dated as to issuance and .effectiveness. Revised published prices list(s) may be used as a means of price adjustments. However, all bids are to be firm through September 30, 2008, and revised price list(s) will not be accepted by the City until after that date. Revised published price list(s) will be accepted only in the event of an industry-wide price change, as evidenced by the issuance of revised price lists by the manufacturer. Revised prices will not. become effective until revised list(s) are submitted to the City under the vendor cover letter identifying the applicable bid number. Vendor cover letter and pricing list(s) must be dated, signed and submitted to the Procurement Director. 2.15 ESTIMATED QUANTITIES: Quantities, if 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. Said estimated quantities maybe used by the City for the purpose of evaluating the low Bidder meeting specifications. 2.16 WARRANTY: The successful bidder will be required to warranty all equipment and parts supplied. The successful bidder must accept return for full credit for items shipped in en-or or damaged in shipment. The City of Miami Beach shall retum items in °as received' condition. 2.17 GUARANTEE: The successful bidderwill be required to guarantee all work performed for Installation for a minimum of one {1) year. 2.18 REFERENCES (PROVIDE REFERENCES, IN THE CUSTOMER REFERENCE - FORM) Each bid must be accompanied by a minimum of five {5) separate references for contracts, of which each contract annual cost was twenty thousand dollars ($20,000) or higher. Reference shall include the name of the company, a contact person, contact person's E- MAILADDRESS, the telephone number and facsimile number. 2.19. COMPLETE PROJECT REQUIRED: N!A 2.24 FACILITY LOCATION: N/A 2.21 PURCHASE OF ITEMS NOT LISTED WITHIN THIS SOLICITATION: NlA 2.22 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, or within five {5} calendar days upon request from the Procurement office, evidence that they are qualified to satisfactorily perform the specified work/services. Evidence shall incude all information necessary to certify that the bidder: maintains a permanent place of business; has technical knowledge and practical experience in the type of equipment to be repaired; has available 4192008 20 of 38 City of Miami Beach 1TB-22-07/08 the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; and is regularly engaged in providing this type of commodities. 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. 2.23 LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or bids received after time and date specified will be retumed to the bidder unopened. The responsibility for submitting a bid/bid before the stated time and date is solely and strictly the responsibility of the bidderlproposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 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 FIVE (5] COPIES of the Bid Form pages and all required submittal information must be retumed, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.25 MAINTENANCE AGREEMENT: N1A 2.26 EQUAL PRODUCT: Manufacturer's name, brand name and model number are used in these specifications for the purpose of establishing minimum requirement of level of quality, standards of performance and design required and is in noway intended to prohibit the bidding of other manufacturer's items of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory .information sheets (specificatians, brochures, etc.) and test results of unit bid as equal. 2.27 USAGE REPORTS: . The City may request Annual Usage Reports from successful bidder(s), to include: item number, item description, quantity ordered/supplied, unitfextended costs and total dollar amount citywide and per department. 2.28 MIAMI-DADEISTATE CONTRACTS: The City reserves the right to purchase supplies such as the ones specified in this contract from Miami Dade County or State Contract Vendors should it be determined that it is in the City's best interest. 2.29 CUSTOMER. SERVICE: Excellent customer service is the standard of the City of Miami Beach. As contract employees of the City, all employees will be required to adhere to the City's °Service Excellence° standards and expected to conduct themselves in a professional, courteous and ethical manner in all situations. The successful bidder's employees must work as a cooperative team ofwell-trained professionals, and must serve the public with dignity and respect. All business transactions with the City will be conducted with honesty, integrity, and dedication. 4/9R008 21 of 38 City of Miemi Beach ITB-22-07/08 SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-07108 3.0 MINIMUM SPECIFICATIONS 3.1 GENERAL The purpose of this bid is to establish a contract, by means of sealed bids, for the supply and delivery of rock, soil and sand for the City of Miami Beach, on an as needed basis. 3.2. MATERIALS All materials supplied to the City of Miami Beach under this contract shall meet the requirements of the FDOT Standard Specifications for Road and Bridge Constnaction, most recent edition. Division III -Materials Section 901 (All) -Coarse Aggregate: #4 Ballast Rock, Pea Rack and # 57 Rock Section 902 (All) -Fine Aggregate: Screenings (sand) Section 911 (All) -Limerock Material for Base and Stabilized Base: Crushed Limerock Base 3.3. SCOPE OF SERVICES Successful bidder(s) will be required to supply and deliver rock, soil and sand to the Public Works Department. The City will issue Standing Orders to the selected vendor(s) for the purchase of materials on an as needed basis throughout the year. 3.3.1 Orders shall be placed by Public Works personnel, as needed. Employees from other City Departments may utilize this contract should the need arise. 3.3.2 Prices shall include freight to City's premises, and shall be F.O.B. Destination. Vendor shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized City representative. 3.3.3 Vendors shall specify on the Bid Form the estimated delivery time (in calendar days) for each item. Upon delivery, all materials shall be unloaded by vendor. Delivery shall be prior to 3:30 PM, Monday through Friday with-in the City of Miami Beach. 3.3.4. Minimum order requirements, if any shall be indicated in the Bid Form. 3.3.5 Invoices and packing slips shall include adequate information including: department's name, location, full item description, unit prices, Standing Order number, receiving signature, quantities, delivered and backorder status. 4192008 ~ of 38 City of Miami Beach TfB-21.07/08 SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-0718 BID PAGE 1 OF 2 COMPANY NAME: We propose to furnish all labor, material, equipment, supervision and transportation necessary to supply and deliver on an as-needed basis, Rock, Soil and Sand throughout the City. Item Descriution 1. Concrete Screening Sand 2. Crushed Lime Rock Base 3. Ballast Rock #4 4. Pea Rock 5. A.S.T.M. Rock #57 Est. Annual Qtv. 3,400 Tons 2,000 Tons 600 Tons 600 Tons 1,100 Tons Unit Cost $ /Ton $ /Ton $ /Ton $ /Ton $ /Ton Total $ Guaranteed delivery (in calendar days after receipt of order): calendar days. Minimum acceptable order, if any: asrzooa City of Miami Beach 23 oF38 ITB-21r07/O8 SUPPLY AND DELIVERY OF ROCK, S41L, AND SAND ITB # 22-07108 BID PAGE 2 OF 2 PAYMENT TERMS: NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: '"I ~ ~•.~ ~ 0 ~ ~ - J ~ ~ ~ E ~' COMPANY NAME: ~~~~~ ~~"' ~`~ l'.~'`C '1 ~- SIGNED: ~`~`l (I certify that I am authorized to execute this bid and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). Addendum No. 1: '~ ~ Addendum No. 2: I se Date Insert Date Addendum No. 3: Insert Date Addendum No. 5: Insert Date Addendum No. 4: Insert Date Addendum No. 6: Insert Date M~~~,n,~ ~..~~F~~~s~~ , S~~r~E~-~y I-r~~~s~~~cn NAME/TITLE(Print): ADDRESS: ~ ~ ~ ~ ~~ X CITY/STATE: TELEPHONE NO: FACSIMILE NO: FEDERAL SIGNED: -._.__. '~ o--~~-1-~32~~ .~ t - ~ (~ -- 3 I l ~~-o ~g 52.'f Z _.. q/g~008 24 of 38 City of Miami Beach ITB-22-07/08 SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-07108 BID FORMAT Bids must contain the following documents, each fully completed, and signed as required. If any items are omitted, Bidders must submit the documentation within five (5) calendar days upon request from the City, or the bid shall be deemed non-responsive. The City will not accept fee/cost information after deadline for receipt of Bids. 1. Table of Contents Outline in sequential order the major areas of the Bid, including enclosures. All pages must be consecutively numbered and con-espond to the table of contents. 2. Bid Paints to Address: Bidder must respond to all minimum requirements listed below. Bids which do not contain such documentation may be deemed non-responsive. a) Introduction letter outlining the bidders' professional specialization; provide past experience to support the qualificatians of the Bidder. Bidders shall submit documents that provide evidence as to the capability to provide and implement the services as outlined in this ITB. b} Bidders must provide documentation which demonstrates their ability to satisfy all of the requirements detailed in this ITB. c) References: List at least five (5) client references, to include contact name, title, company, address, telephone number, a-mail address, fax number. d) Qualifications of Bidder: Outline in detail the experience and qua+ifications of the business and individual members of the Bidder entity and experience of Bidder and/or Bidder members in providing similar projectslprograms as the one proposed. e) Past Performance Client Survey Information: Past performance information will be collected on all Bidders. Bidders are required to identify and submit their best projects. Bidders will be required to send out Performance Evaluation Surveys to each of their clients. Please provide your client with the Performance Evaluation Letter and Survey attached herein, and request that your client submit the completed survey to Maria Estevez, at (Fax) 786-394-4002 or (e-mail) mariaestevezCa7miamibeachfl.crov; and a copy to Gus Lopez, at (Fax) 786-394-4007 or (e-mail) puslopez(a~miamibeachfl.gov. The City will not accept Client Surveys sent to the Procurement Division from the office of the Bidder. Surveys must be sent to the Procurement Division directly from your client's office(si. Bidders are responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. f) Cost Information: Cost Information must be submitted with bid. 4/912008 25 of z8 City of Miami Beach ITB-22-07/08 g) Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM} and Bid Information forms. 6. Any other Documents Required by this ITB. 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 five copies of bid {including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.22 X Execution of Bid General Conditions Section 1.2 NIA EquivalentslEqual Product General Conditions Section 1.10 Special Conditions Section 2.24 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.26 General Conditions Section 1.58 Bid GuarantylPerformance Bond NIA General Condition Section 1.27 X Warranty General Condition Section 2.17 NIA ProducttCatalog Information Special Conditions Section 2.15 X References Special Conditions Section 2.18 and Page 27 X Bidder Qualifications Special Conditions Section 2.22 X Minimum to Specifications Special Conditions Section 3.0 Contractor's Questionnaire X (Page 31,32) Declaration: Non-discrimination in Contrats and Benefits X Past Performance Client Survey Information (sent to clients) X 4192008 26 of 38 City of Miami Beach ITB-22-07/08 CUSTOMER REFERENCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of five (5) separate references for contracts, of which each contract annual cost was twenty thousand dollars ($20,000) or higher. The bidder must provide appropriate documentation to prove the $20,000 business relationship value with each customer by presenting signed contracts, purchase orders, purchasing card transactions, accounts receivables or payables records, or any other relevant documentation. 1) Company Name ~.a-k~' YV 0t~ ~0 ~ ~ ~) U Address ~ ~ ~ ~~~~~ ~ `~ d ~ ~" i Contact Person/Contract Amount ~ ~ e-V 2 ~ S~i? ~ I Telephone No. 5W ~ ~ ~? 3J ' ~ 3~ ~ Fax No. ~ ~ ( "' S ~~ '~J 3~ / E-mail 2) Company Name ~QC(7`. 1~0~,~ ~ ~ "1 v ftiL~-t- Via- l'' l~ Address ~ ~ ~ ~ l7 Q l~ U V Sk. ~~ ~ ~ CGt ~ (~--t t~" ~ JJ ~"~ Contact Person/Contract Amount '_ 1 l C~11~ ~- ~ {~'I Cllr' ~ I ~ Telephone No. ~ ~ ~ _ "l ~~- ~ ~~ ~ _ Fax No. ~~ ~ ' "C 0 ~ J3~ ~3 E-mail ff -- /~~. 3 Gompany Name ~ Q ~(~ e ~ ~ ~~ C'~1(~.0`-T~l d 41 ~ ~~~a~ "~u } _ Address ~ t Qa l~ (A-V~d 0 Ul ~ ~~ ~ l G1.~/V~t, . ~`Z- 33' Contact Person/Contract Amount ~/ ~ 0 S ~GL\ ~ 0 Vl Telephone No.~~ ~~ 3b ~ _ t ~ Z-- I Fax No. ~ ~~ -3~ ~ "" I ~~% ~ E-mail 4192008 27 oF38 Gtity of Miami Beach 1Tg.22.p7/pg CUSTOMER REFERENCE LISTING (CONTD.) 4) Company Name Address t~~ ~,aq ~ ~Jl~ Tvty c~~6 ~~ l ~ 33 `f3~ Contact Person/Contract Amount ~ X ~~~-~3~-23~~ Telephone No.~~~ "~~~" ~~~~ Fax No. E-mail 5) Company Name ~ ~ `-' Address ~a ~~-~~~' ~t ~' ~P • ~ ~ 3 3`T ~ D ~,1 I Contact Person/ContractAmount ~"\G~C Telephone No. ~~ - ~~~~~ ~~~ Fax No. .~ ~ ~" ~~~ '~ ~ 3'~ E-mail z 6 Com an Name D~ ~3 ~Y1,r~-VYI,I,~f~'19/1,~5 ~~-ll'1~ ~~~~" tl~~ ) p y J~~~ ~i/1C~ a J Address ,,:Z*t ~ ~-^ lkv e • U {~- (.~(~.k2 ~ ~ ~ ~ I Contact Person/Contract Amount ~ ~e`~~ i T Telephone No. , }r(p (" ~ ~ ~ - ~~ ~3 Fax No. 5~ C ~ 1 ~ ~ ~ l~ ~~ ~'f E-mail 4192008 28 of 38 G1ry of Miami Beach TI'B-22-07/08 SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-07/08 CONTRACTOR'S/ BIDDER'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is sub%ect fo verification. Inaccurate or incomplete answers maybe grounds for disqualifrcafion from award of this bid. Sub ~tted to The By ~tyrir~~~ Principal Office ~~ ~~ How many years has your organization been in business under your present business name? Does your organic ion have current occupational licenses entitling it to dothe work/service contemplated in this Contract? ~ Please state license(s) type and number: Include copies of above licenses and certificates with bid. Have you ever ~~ a contract terminated due to failure to comply with contractual specifications? If so, where and why? In t er fines of business are ou financially interested or engaged? lJ(.~ ~(I _ ~~-~'~ Give r ferenres as t experience, ability, and finan ial standi ~tn~.G~a JU 2P~..c9~J~"~"-a~ 0 C,0 U 4r S ~'. S ~ a- i, ~ ~.,~"h ~ n . ~ p !a. Q, ~ ~, ` V, and Cityr~'COmmissiPn of the City of Miami Beach, Florida: ~~~ IT&48-06/07 City of Miami Beach 29 of 39 CONTRACTOR'S /BIDDER'S QUESTIONNAIRE (CONTD.} Vendor Campaign Contribution(s): n. 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 orany-legal entity other than a natural person. 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. ~" r' ~ I HERE Y C TIFY that th bove veers are nd correct. (SEAL) ~~~~ IT&48-06107 City of Miami Beach 30 of 39 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl_gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 786.394.4002 April 9, 2008 To: Phone: Fax: E-mail: Subject: Pertormance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past pertormance information on companies that provide Supply and Delivery of Rock, Soil, and Sand. The information will be used to assist City of Miami Beach in the procurement of Rock, Soil, and Sand The group or individual listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both, the group or individual and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to Maria Estevez by May 9, 2008 at 3:00 p.m. by fax: 786,394.4002; or a-mail m e stevez@ m i a m i beachfl . g ov Thank you for your time and effort. ~~ Gus Lopez, CPPO Procurement Director 4/9/2008 ITB-48-06107 City of Miami Beach 31 of 39 m MIAMIBEACH City of Miami Beaeh, 1700 Convention Center Drive, Miami Beach, Florida 33139, wvrw.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490, Fax: 786.394.4002 PERFORMANCE EVALUATION SURVEY Group or individual Name: Point of Contact: Phone and c-mail: Please evaluate the performance of the group or individual (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). if you don't know, please leave blank. NO CRITERIA UNIT 1 Ability to fill purchase orders accurately (1-10) 2 Ability to maintain delivery schedule (on-time /conforming to re ulated delivery hours or earl (1-10) 3 Professionalism and ability to manage (includes responses and rom l avments to su Tiers and subcontractors (1-10) 4 Professionalism of delivery services 1-10 Condition of products at delivery (1-10) 6 ualitti~ of Products 1-10 7 Abili • to rovide roducts undereme encv conditions 1-lU ~ Overall customer satisfaction based on performance and qualih- of products (1-1(-) Overall Comments: Agency or Contact Reference Busuiess Name: Contact Name: Contact Phone and c-mail: Date of Services: Dollar Amount for Services: Please fax this questionnaire to Maria Estevez at 786-394-4002 4/9/2008 ITB-48-06/07 City of Miami Beach 32 of 39 N11AM1 BEACH CITY OF MIAMI BEACH DECLARATfON: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Z Name of Company: ~GLJsJ ~J~~~, ~me oof Company Contact Person: ~~©~1 V ~-~ ~S8 t'1 Phone Number: ~ ' t "I' i '~~~ Fax Number: ~ (~'1 lU~ ' ~ ~ ~ ~ E-mail: ~S-~ f U ~ ~ ~©~ . L a~ Vendor Number (if known}: ~ / Federal ID or Social Security Number: ~ ~~ Q ~ ~ ~~ 2' 7 Z Approximate Number of Employees in the U.S.: (if 50 or less, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes_No Union name(s): Section 2. Compliance Duestions Question 1. Nondiscrimination -Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category: Race _Yes _ No Sex _Yes _ No Color _Yes _ No Sexual orientation _Yes _ No Creed _Yes _ No .Gender identity (transgender status) _Yes _ No _ Religion _Yes _ No _ Domestic partner status _Yes _ No _ National origin _Yes _ No _ Marital status _Yes _ No Ancestry _Yes _ No _. Disability _Yes _ No Age _Yes _ No _ AIDS/HIV status _Yes _ No Height _Yes _ No Weight _Yes _ No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. _Yes _ No 4/9/2008 ITB-48-06!07 City of Miami Beach 33 of 39 Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? _ Yes _ No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or`to domestic partners of employees? _ Yes _No `The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partnerswith a govemmentbody pursuantto state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow forthe provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringentthan those required for domestic partnership registration by the City of Miami Beach If you answered 'NO' to both Questions 2A and 2B, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If you answered "YES° to either or both Questions 2A and 2B, please continue to Question 2C below. Question 2. (continued) C. Please check all benefits that apply to your answers above and list in the "other° section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Employees with S ousel Yes for Employees with Domestic Partners No, this Benefit is Not Offered Documentation o~'this Benefit is Submitted with this Form Health ^ ^ ^ Dental ^ ^ ^ Vision ^ ^ ^ Retirement (Pension, 401 k etc. ^ ^ ^ ^ Bereavement ^ ^ ^ ^ Famil Leave ^ ^ ^ ^ Parental Leave ^ ^ ^ ^ Employee Assistance Pro ram ^ ^ ^ ^ Relocation ~ Travel ^ ^ ^ ^ Company Discount, Facilities & Events ^ ^ ~ ^ Credit Union ^ ^ ^ ^ Child Care ^ ^ ^ ^ Other ^ ^ ^ ^ Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic asrzoos ira-as-osro~ Gity of Miami Beach 34 of 39 partner coverage) you maybe eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefid does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? Yes _ No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and ct, and that I aq~ authorizedp~to bind this entity contractually~.p ~j Exe ed is 1 ~-l day of ' ", ,.in the year ~~ v , at ~ ,~ t L City Statf; - Q. ~. ~©x sq~ 1 Signature Name of Signatory please print) S~r~~ ~CY e.~-sUr~ Title Mailing Address L,~ -~ ~ fit-. IZ X307 ~ ity, State, Zip Code asrmos City of Miami Beach ira4a-osA~ 35 of 39 M~A1~1! BEACH CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: a. Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3: Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print} Mailing Address of Company Signature Name of Signatory (please print) Title 4/9/2008 City of Miami Beach City, State, Zip Telephone Number Date ITB-48-06707 36 of 39 Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractorthat demonstrates that it is not passible forthe City Contractorto end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefds providers willing to offer equal benefits to the City Contractor, and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner {or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. asr~a irB-as-osA7 City of Miami Beach 37 of 39 ~~~~~ I r"~,i BEACH ~~;rUICK REFERE(~ICE vtJIDE TO EC~UAL BENEFITS COMPLIANCE STEP 1: UNDERSTANDING THE LAW What does this law require? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a cnnhad purwant to competifive bids, to provide "Equal Benefits" to their employees with domestic parfiers, as they provide ro employees with spouses Who is cowered by this Ordinance? competitively bid City contracts valued at over E100,000 whose ronhaclors maintain St or more full time employees on their pcryrolls during 20 or more calendar work weeks. For mare informahon, see Equal Benefits Ordinance Summary. STEP 2: HOW TO COMPLETE 7HE DECLARATION: NON-DISCRIMINATION IN CONTRACTS AND BENEFITS FORM tion 1 asks for information about your company. ff the company empbys SO or kss empbyess in the U.S., skip to Section 4, date and sign. Sechan 2. Question lA asks whether ycwr company prohibits discrimination against people based on the categories fisted. • Answer "YES" if your company does have such a P~ ~Y • Answer "NO" if your company does not hove such a polity. What benefits are covered? The Ordinance applies to all benefits offered by a conhactor to its employees who have spouses or domeshr. partners and all benefits offered directly to wch spouses ar domestic partners, even when the employee pays the enhre cost of the benefit. This includes but is not limited to: sick leave, bereavement leave, family medical leave, and health benefits What is a Domestk Partner? A "Domestic Partner" shall mean any hvo (21 aduUs of the same or different sex who have registered as domestic parfiers with a government body pursuant to state and local law authorizing such registration, ar with an internal registry maintained by the employer of al least ono of the domestic partners. What if a contractor is unable to offer benefits equally? Some contractors are unable to find an insurance company willing to o$er domestic. partner coverage. When a comractor takes all reasonable measures to stop discriminating, but can't for reasons outside its conho~l. it can comply with the Equal benefits Ordinance if it agrees to pay a cash equivalent. A cash equivalent is the amount of money paid by an employer for the spousal benefit that is unavailable for domestic partners, or vrce versa. for more information, see Reasonable Measures Application. What if o company wiU comply but needs time to da ir? Once a contractor makes it clear that it will comply wish the Declaration. in certain situations ending discrimination in benefits may be delayed.. For instance, offering medical insurance may be delayed until the contractor's next enrollment period; other benefits, such as bereavement leave, may be delayed until the contractor's personnel policies can be revised. For more mFormafion, see Rules of Procedure of the Substantial Compliance form 4/9/2008 City of Miami Beach Question 1 B asks whether your company agrees to include a nondiscrimination clause in all subcontracts entered into for the performance of a substantial portion of the any contracts you have with the City. This clause must indude all of the categories listed in question lA. You must answer this question even if your company will not be entering into any subcontracts associated with work performed #or the Ciry_ • Answer "YES" if you will agree to include a nondiscrimination clause in subcontracts. • Answer "NO" if you will not agree -o include a nondiscrimirialion clause in subcontracts. Question 2A asks whether your company offers benefits (such as medical insurance} to employees' spouses or to employees because they are married (such as bereavement leave which can be reken because of the death of a spOUS@, or Family medical leave which can be taken because of a spouse hawing a serious medical condition}. • Answer "YES" if you offer any such benefits. • Answer "NO" if you do not offer any such benefits. NC-TiE: You are considered as offering a benefit even # you don't pay for it. tf access to the benefit is offered, but the cost must be paid in whole or in part by the employee, you should stilt answer "YES" C~uestion 2B asks whether you company offers benefits {such as medical insurance) to employees' domestic partners or to employees because they are in a domestic partnership (wch as bereavement leave which can be taken because of the death of a' domestc partner, or family medical leave which can be token because of a domestic partner having a serious medical cond'+tion) • Answer "YES" if you offer any such benefits. • Answer "NO" iF you do not offer any such benefits IT&48-06107 38 of 39 Nd7Et To comply, your answers to questions 2A and 2B should be the same. In very limt-ed cireumsbrtees, you may camfly without offering benefits squally. Ses Reasonobls Measures Application Form. CJuesrion 2(' should be filled out ONLY B you have answered "YES" to question 2A and/or 2B. It asks you ro indicate which benefits you. offer ro spouses (or employees because Iheey ore rnarriedl, whtds benefits you offer to domestic partners (or employees because they are in a domestic parhxrship}, and which benefih you do not offer. Please indicate only those benefits offered. tf you offer benefib not already listed, write Them in where . it says `other". Remember, ot~ering ocxess b a beneh7 is skA considered a berrefif, even if your company does na pay for Jt. Note: If you mn't offer aU berreflt to a nondiscrlminabry manner because of reasons outside your control, fag. thane aro no inwranca praviden wdNing b affir domestic portrser oavarageJ you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree b pay a cash egvivaisn>, submit a completed Reasonable Measures Application Form with aR necessary attachments and hwe your application approved by the Procurement L)iivision of the City of Mlomi Beach. Step 3: ATTAt~I THE NECESSARY DOCUMENTATION Section 3 ahstes That you must submit documentation that verifies all benefits mocked in your answer to C,~uuestion 2C are offered in a nortdtxrtminatory manner. When possible, it is best ~ you submit this documentation along with your Dadaration Form... For polities that ore unwritten, submit a letter to the Procurement Divtaion ind'~catimg this. Use the list below as a guide for the type of documentation needed. Medical insurance A statement kom yaw medical fnwrance provider that confirms spouses and domestic partners (as defined under this Ckdinoncej receive equal coverage to your medical plan. This may be in a letter kom your insurance provtder, ar reflected in the eligibility section of your official insuronu plan document. Similar documentation is needed far alien types ,of insurance plans. Rairsrswsst Rlans (indudfng 401 k i. passion platssJ The sections of your pension plan detailing how ampksyeas recehre I»nsHls. This should cover (oiM amuity options and pre retirement death benefits. Documentation should indicate that employees with domestic partnws and employes: with spouses receive the same benafih and payment options. Benavament Leave Your bereavement leave of funeral ksaw polity indicating the benefit is offered equally. If your polity allows employees time off Fram work because of ilia death of o spouse, it sl,ovld also allow for time off because of the deadr of a domestic partner. IF the policy allows for time off due ro the death of a parent indaw or other nlrstiw of a spouse, it must include time off for the death of a domestic partner's equlvoknt relative. 419/2008 City of Miami Beach Family Lsaw Yow company's Family dnd Medical leave Act policy. AU companies vrith 50 or more employees must offer this benefit Your polity should indicate that empksyaes may Take (caw because of the serious medical condition of their spouse or domestic partner. Patwsta) Leksve Your company's policy indk~oting that employees may Coke leave for the birch or adoption of a child, ro~are- for a child who is ill, and/« to attend school appointments. N leave is available for stepchildren (the spouse s child} then leave also should be available for the child of a domestic partner. Employee Assistance Program Your company's employes assistance prrsgram policy eonftrmfng that spouses, domestic parirwn and their parents and children are equally eltgibb (or ineligible] for such benefits. R.beation Ri Trove) Yow company's policy confirming thaF expenses for trawl or rekxation will be paid on the same basis far spouses and domestic partners of employees. Discounts, Facifrties & Events Yow wmpany's polity confirming that discounts, facilities (e.g. gym} and evenb (e.g. holiday party) ore equally ovaUoble ro spouses and domestic partners of mnployees. CnrLt Union Documentation kom ~Se credit union indicating that spouses and domestic partner have equal access ro credit union services. Child Can D'ocurtwntaion that the children of spouses (step.children) and children of domestic parh~ers have equal access ro child care services. Other Betseiits Documentation of any other benefts listed to indicate that they are offered equally. . For medical insurance companies providing domestic partner wverage in the State of Florida, refer ro the Domestic Partner insurance Coverage Search available online at: www.mlamibeachfl.aov under (3usineaa, Procuroment drop down 11st. For any questions on the Cify of Mlarni Beach Equal 8ertefils ~rdinanca or how to wmplete the opplicabk forma, please contact: Gistisse Qias, Corerocts Con~amr Spaciafist PROCUT€EAAEhIT VISION 1700 Convention CenNr Drive, Miami geaeh, Fl 33f39 Tek 305.673,7446 /Fax: 7tt6344d000/ ctl Wnadias®mlomibaoehfl.aav Wi aro mmmiMsd fe provldinU excellrnf pui>6c aervirx and safey b aA wino iw, work and play in our vibranr, dopicaf, hissork comewruly. ITB-48-06A7 39 of 39 m MIAMIBEACH City of Migmi Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786-394-4002 May 2, 2008 RE: ADDENDUM NO. 1 TO INVITATION TO BID (ITB) NO. 22-07!08 FOR THE SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ("the ITB"). In response to questions received by prospective Bidders and the Administration's additional review of the requirements set forth in the ITB, the ITB is hereby amended as #ollovv: The deadline for receipt of bids and Performance Evaluation Surveys has been changed from May 9, 2008 to May 29, 2008 at 3:00 p.m. Revised Performance Evaluation Letter and Survey to reflect the new deadline for receipt of bids has been attached to Addendum No.1. Please be reminded that the past performance information will be collected on all Bidders. Bidders are required to identify and submit their best projects. Bidders will be required to send out Performance Evaluation Surveys to each of their clients. Please provide your client with the Performance .Evaluation Letter and Survey ,y attached herein, and request that your client submit the completed survey to Maria Estevez, at (Fax) 786-394-4002 or (e-mail) mestevezCc~miamibeachfl.gov; and a copy to Gus Lopez, at (Fax) 786-394-4007 or (e-mail) 'guslopezCa)miamibeachfl.pov. The Citv will not accept Client Surveys sent to the Procurement Division from the office of the Bidder. Surveys must be sent to the Procurement Division directly from your client's office(s1. Bidders are responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking wi#h current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. The deadline for receipt of questions is May 13, 2008 at 3:00 p.m. III. The Pre-Bid Meeting Sign-In Sheet has been attached to Addendum No.1. IV. The Word format documents to. be submitted with yogr bid and the Evaluation Performance Survey are available upon request. Please send an a-mail to mestevezCa~miamibeachfLgov . V. The revised cost proposal to include additional materials has been attached to Addendum No. 1. ITB No. 22-07/08 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 1 of 11 VI. The current providers to the Public Works Department of the following materials are: Rinker Materials and Austin Tupler. The City is currently paying the following prices: Description VII Concrete Screening Sand Crushed Lime Rock Base Ballast Rock #4 Pea Rock A.S.T.M. Rock #57 Unit Cost $ 28.02 !Ton $ 20.621 Ton $ 25.67 /Ton $16. 271 Ton "'"`'Price has not been update since 2004 $ 25.42 !Ton The current providers to the Parks and Recreations Department of the following materials are: Golf Agronomics, Florida Superior Sand, and Rinker Materials. The City is currently paying the following prices: Description Unit Cost Green Sand $36.00 /Ton G-Angle $32.001 Ton 304 top dressing sand USGA spec. $22.75 /Ton Coquina $54.00 /Ton Concrete Screenings $30.80 /Ton Divot mix 50# bag USGA spec $ 6.50 /Ton Grain Rock N/A Special Conditions Section 2.3 entitled "Method of Award° on page 18 is clarify as follows: Award of this contract may be made to the primary and secondary Lowest and Best Bidders, as defined in General Conditions 1.38. 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. Award of orders will be based on the vendor's pricing and availability of materials at the time the need arises. Bidders are not required to submit offers for all materials included in this bid. The Gity reserves the right to award per line item, should it be determined it is in the City's best economic interest. ITB No. 22-07/08 Supply and Delivery of Rock, Soil, and Sand Addendum #1 512!2008 Page 2 of 11 VIII. Unless otherwise specified, any and all delivery of materials purchase by the Public Works Department Warehouse will be made to the following location: Public Works Warehouse 451 Dade Boulevard Miami Beach, FL 33139 Attn: Martha Torres, Warehouse Supervisor Unless otherwise specified, any and all delivery of materials purchase by the Parks and Recreations Department will be made to the following location (s): Miami Beach Golf Club Maintenance Facility 2800 Meridian Avenue Miami Beach Florida 33139 Normandy Shores Golf Course Maintenance Facility 801 Hagen Street Miami Beach Florida, 33141 ~ 9 vim- 30 ~~`' ~ q- 3s~.~=.~.,~ Bidders are reminded to please acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. CITY OF MIAMI BEACH ~z Gus Lopez, CPPO Procurement Director ITB No. 22-07/08 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 3 of 11 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beoch, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 786.394.4002 May 2, 2008 To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on companies that provide Supply and Delivery of Rock, Soil, and Sand. The information will be used to assist City of Miami Beach in the procurement of Rock, Soil, and Sand The group or individual listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both, the group or individual and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please. return this questionnaire to Maria Estevez by May 29, 2008 at 3:00 p.m. by fax: 786.394.4002; ore-mail mestevez@miamibeachfl.gov Thank you for your time and effort. Gus Lopez, CPPO Procurement Director ITB No. 22-07/08 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 4 of 11 m MIAMIBEACH City of Miami Beach, 1700 Convention Center prive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490, Fax: 786.394.4002 PERFORMANCE EVALUATION SURVEY Group or individual Name: Point of Contact: Phone and a-mail: Please evaluate the performance of the group or individual (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). If you don't know, please leave blank. NO CRITERIA UNIT 1 Ability to fill purchase orders accurately (1-10) 2 Ability to maintain delivery schedule (on-time /conforming to re Mated delive hours or earl (1-10) 3 Professionalism and ability to manage (includes responses and prompt payments to suppliers and subcontractors (1-10) 4 Professionalism of delive services 1-10 5 Condition of products at delivery (1-10) 6 Quali of Products 1-10 7 Abilit to rovide roducts under eme en conditions 1-10 $ Overall customer satisfaction based on performance and quality of products (1-10) Overall Comments: Agency or Contact Reference Business Name: Contact Name: Contact Phone and a-mail: Date of Services: Dollar Amount for Services: Please fax this questionnaire to Maria Estevez at 78fi-394-4002 ITB No. 22-07/08 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 5 of 11 MIAIVII BE,A-~H CITY OF MIAMI BEACH PRE-BID MEETING SIGN-IN SHEET nArE: April zs, aoos RFP Na.: ITS-22-07/08 11TLL': SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND NAME (PLEASE rRrivz') COMPANY NAME - E-MAII. ADDRESS PHONE# FAX# Maria Estevez CMB - Procure~a~t Division 305-673-T234 786-394-4002 mestev 'aau'beachfl. v Cristina Diaz CMB - Pmcutcment Division ~ 305-673-?A~90 305-673-7851 crisbinadiaz(a~miacm`beacl~fi:gov (~ f~t.C...' (U{~(, ~ ~•~'t~`1 ~ti c.~ ~ cam" 1 C'vCrG ' r5 6.r~S3cr.tlSo.r1'h.t~ yCj- c'f"~~G GI ~~~~~' /P8`RAri ~ ~ F $N~Jp M 3d 9 ~`"r' C~ % f"M~N ~tr1G~ ~~ 4bet~ ` ,cae~ 6 ~ ~r~~a-'7~1~R~ CMB T' N/. S05^ X73. ~tGB~ - ~ CEktN ~t~., ~aG. 'f8t,.•u~,333)'o gpf yam, SiN ~,J 'Der;"rcar~, @ poi,. ~ Q4~i•i32~ ~•T M ~T( r~'' ~-PrX~~ ~ ~ rrs-ZZ-o7-os T" ITB No. 22-07108 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 6 of 11 1~/I IANII B-EAC H CITY OF MIAMI BEACH PRE-BID MEETING SIGN-IN SHEET NAME (p~psE PRIlrrTj COMPANY NAME -E-MAIL ADDRBSS PHONE# FAX# ~`~/~-` ~blfbr7~ f 7 ~i ~f~1 I~~ ~`` ~ i~1K7~ _ -- ITB-22-07-08 ITB No. 22-07/08 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 7 of 11 SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ' ITB # 22-07!08 --ii _ BID PAGE OF 3 COMPANY NAME: ~ ~C~~ [1 Ui~NNi.~~' ~ (~-Ul~'. lr1C- We propose to furnish all labor, material, equipment, supervision and transportation necessary to supply and deliver on an as-needed basis, Rock, Soil and Sand throughout the City. REGULAR PRICES FOR PUBLIC WORKD DEPARTMENT Item Description Est. Annual Qtv. Unit Cost Total 1. Concrete Screening Sand 3,400 Tons $ ~3, 3.5! Ton $ ~ 1 3,390 • d ~° 2. Crushed Lime Rock Base 2,000 Tons $ ~ ~ , ~~l Ton $ ~~~ ~~~ ~ ~~ 3. Ballast Rock #4 600 Tons $ 3 ~=1~~/Ton $~~ 00 4. Pea Rock 600 Tons $JJ. (~-s I Ton $ ~ ~,~ ~ ~ ~ ~ ~ 5. A.S.T.M. Roek #57 1,100 Tons $ 3 ~~ ~~/ Ton $ ~ 3~ Guaranteed delivery (in calendar days after receipt of order): ~ calendar days. Minimum acceptable order, if any: ~ ~ •}nIS "After 3:30 p.m. on Friday, Saturday and Sunday delivery Item Description Est. Annual Qty. Unit Cost Total 1. Concrete Screening Sand 3,400 Tons $ !Tan $ 2. Crushed Lime Rock Base 2,000 Tons $ !Ton $ 3. Ballast Rock #4 600 Tons $ /Ton $ 4. Pea Rock .600 Tons $ /Ton $ 5. A.S.T.M. Rock #57 1,100 Tons $ /Ton $ Guaranteed delivery (in calendar days after receipt of order): calendar days. Minimum acceptable order, if any: ITB No. 22-07108 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 8 of 11 /%/~ SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-07108 BID PAGE 2 OF 3 e• COMPANY NAME: ~ ~(~~~~~ ~~ ~~ 1 f~-V1~ ~~. We propose to furnish all labor, material, equipment, supervision and transportation necessary to supply and deliver on an as-needed basis, Rock, Soil and Sand throughout the City. REGULAR PRICES FOR PARKS AND RECREATION DEPARTMENT Item Descriation Est. Annual Qtv. Unit Cost Total 1. Green Sand with nutrient charge 304 Tons $ 3'~• ©~ /Ton $ ~ ~ ~ ~ ~~ ~ ~~ 41bs 6-9-15 per ton of sand 2. G-Angle- Golf Agronomics Bunker Sande 800 Tons 3. 304 top Dressing Sand USGA Medium Dressing, 1080 Tons $ ~C3.501Ton $ .~3, QO !Ton '•`*MUST be equal to same sand used to build the Miami Beach Golf Course Greens, to maintain consistent percolation $ ~_~S~Gb oa $ ~~, ~`~~`Ua T 4. Coquina 200 Tons $ ~~• i~Q J Ton $ (©~~ 5. Concrete Screenings 200 Tons $ 33,.E I Ton $ 6. Divot mix 50 #bags USGA 3 Tons $ / Ton $ 7. Drain Rock 30 Tons $~/ Ton $ ~'~~ 8. 304 single dye (green) top dress for divots .300 Tons $ 3ti ~ ~Q I Ton $ I~~~ 9. 304 top dressing sand for the greens & tees 700 Tons $ -4 3 ~ d®/Ton $ ~ ~_T ' Q`~ 10. 50150 sand with peat to fill in wash outs 100 Tons $ .~2 , ~5 I Ton $ 3 2- ~5' ©~ 11. G -angle bunker sand ~`" 1,000 Tons $ a3 j ~ ®! Ton $ ~31 Qe ~ 12. Cement screening utility paths 150 Tons $ 33: 3S I Ton $ ~J' (~~2- •S~ 13 Rice rock for drainage 100 Tons $ 33~G~ !Ton $ 3~~~~` Guaranteed delivery (in calendar days after receipt of order): ~ calendar days. Minimum acceptable orcler, if any: ~~''~ ITB No. 22-07108 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 9 of 11 S ~ ~ 1 ~G 1~uv~~ev S~.v\~~ (~ I +ear na~~ ~ ~ * After 3:30 p.m. on Friday, Saturday and Sunday delivery ~_ Item Qescription Est. Annual Qtv. Unit Cost Total 1. Green Sand with nutrient charge 304 Tons $ /Ton $ 41bs 6-9-15 per ton of sand 2. G-Angle- Golf Agronomics Bunker Sand 800 Tons $ /Ton $ 3. 304 top Dressing Sand 1080 Tons $ /Ton $ USGA Medium Dressing, /~ *•** ame sand used to build the Miami Beach Golf Course Greens, MUST be equal to s / " to maintain consistent percolation 4. Coquina 200 Tons $ /Ton $ 5. Concrete Screenings 200 Tons $ /Ton 6. Divot mix 50 #bags USGA 3 Tons $ /Ton $ 7. Drain Rock 30 Tons $ /Ton $ 8. 304 single dye (green) top dress for divots 300 Tons $ /Ton $ 9. 304 tap dressing sand for the greens & tees 700 Tons $ /Ton $ 10. 50150 sand with peat to fill in wash outs 100 Tons $ /Ton $ 11. G -angle,. bunker sand .1,000 Tons $ /Ton $ 12. Cement screening utility paths 150 Tons $ /Ton $ 13. Rice rock for drainage 100 Tons $ !Ton $ (in calendar days after receipt of order): d delive t calendar ry ee Guaran days. Minimum acceptable order, if any: ITB No. 22-07/08 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 10 of 11 SUPPLY AND DELIVERY OF ROCK, SAIL, AND SAND ITB # 22-0710$ BID PAGE 3 OF 3 PAYMENT TERMS: NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE GONSIDERED PART OF THE BID MUST BE SUBMITTED IN UPLIGATE. l~ ~~~ ~ ~1 ~S~~ SUBMITTED BY: 1~~ ~V~ 1 ~ J~ COMPANY NAME: ,~ ~0~~ d0. S~l~e~/ ~~~ Ja-~~" , ~ hC- SIGNED: (1 c~rti1~'that 1 afm authorized to execute this bid and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable. Addendum No. 1: .~ Z Q Insert Date Addendum No. 3: Insert Date Addendum No. 5: Insert Date NAMEITITLE(Print): ADDRESS: CITYISTATE: TELEPHONE NO: FACSIMILE NO: FEDERAL LD.#: ~" j: SIGNED: Addendum No. 2: Insert Date Addendum No. 4: Insert Date Addendum No. 6: Insert Date ~fk.Uc(~~ ~ • J~T,~vsO~ ~ 5~~-r2 ~7~v~ ~fi~e~~~e4! U ~.~. ~~x S~oI ~(~~i`-r v'LOU~ ~~. ~ IL ZIP- J30r~ ITB No. 22-07/08 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 11 of 11 ~~ yJQERIpR ~ Q~ 'I 90 ~v, • .n ~~~~?~ August 8, 2008 VIA FACSIMILE City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attn: Cristina Diaz Re: Bid No. 22-07/08 FOR THE SUPPY AND DELIVERY OF ROCK, SOIL AND SAND Dear Ms. Diaz: As per our phone conversation of today, attached please find page 24 of the above- referenced contract. Please note that Dr. Duncan quotes "Always use the same sand that the original greens were constructed with and never go finer in particle size since that will create a layer that could result in a complete greens construction sooner than desired". Normandy Shores Golf Club is currently being built with Florida Superior Sand's golf course contruction greensmix. Therefore, according to Dr. Duncan's recommendation the City of Miami Beach should award Item #3 USGA Medium Top Dressing to Florida Superior Sand for material supplied to Normandy Shores Golf Club. Note also, the City can save $2.75/ton. Should you have any questions or require any additional information, please do not hesitate to contact me at 800-741-8258. Very truly yours, DLO A SUPERIOR SAND, INC. ~,.,.--~ ;' i L, 0 Marion A. Jefferson :mad Attachment Florida Superior Sand Inc. P.O. Box 5901 Lighthouse Point, FL. 33074 Phone: 1-800-741-8258 Fax: 561-969-3114 Commission Memorandum - iT8-22-07/08 Jufy 76, 2008 Page 3 of 6 The Parks and Recreation Department received from Florida Superior Sand, Inc, an alternate product (FSS #100 Bunker Sand) for the material currently utilized for the maintenance of the Miami. Beach Gott Course (G-Angle Bunker Sand). Samples were requested in order to prove the suitability of the components and ingredients of said alternate materials. Additionally, information regarding the golf courses that currently purchase those products from Florida Superior Sand, Inc was also requested. Based on the examination of the samples received on June 26, 2008 from Florida Superior Sand, Inc, the Parks and Recreation Department concluded the following: Parks and Recreation Materials Item # 2 - G-Angle Sand -Bunker Sand: The Parks and Recreation Department has decided to select the current provider of this product Golf Agronomics at $34.50/ton and reject the proposed FSS # 100 bunker sand proposed by Florida Superior Sand, Inc at $23.50. According to the Miami Beach Golf Course Superintendent,. the FSS #100 bunker sand does not meet the same specifications as the G-Angle sand, which is used consistently at the Mami Beach Golf Club since its construction completed in December of 2002. The same conditions occur on the new Normandy Shores Golf Course, both courses designed by Arthur Hills /Steve Forrest and Associates, Golf Course Architect. In comparison, the FSS #100. will change color to a darker tone, provide less drainage, and create mare of a fried egg effect (golf term) in comparison to the specified G-Angle sand. 1-011 RS C111U f\Gld vpuv~ ~ ,v,caw~ ~cu . v... .. The Parks and Recreation Department has decided to select the current provider of this product, Goff Agronomics at $25.75/ton and reject the proposed product by Florida Superior Sand, Inc at $23.00, based on the opinion of the oif course c ultant as follows: `A's recommended by Dr. Ronny R. Duncan, industry expert and application founder of Seashore Paspalum turfgrass, Always use the same sand that-the original greens were constructed with and never go finer in particle size since that will create a layer that coald result in a complete greens construction sooner than desired". This is r#Iso in concurrence with Arthur Hllis /Steve Forrest and Associates, Golf Course Architect for Miami Beach Golf Club, and Normandy Shores Golf Club (currently completing construction and in grow in The following chart summarizes the primary and secondary prices by line item for each user department as resulted from the ITB# 22-07/08 Bid Opening dated on May 29, 2008: Item Desc 1 Conc Sand 2 Crosl Base 3 Balls 4 ' I Pea I Trucking Inc. CemexlRinke Materials Col Austin Tupie Trucking Inc Austin Tuple Trucking Inc 1 da Florida _ -$22.88 Austin Tupler 3 da s Truckin Inc $24,04 Chin Diesel, Inc 1 da $22.54 Allied Trucking 1 day Florida 24 Next Next OP ID TA CERTIFICATE OF LIABILITY INSURANCE A~ORD DATE (MMIDDM/wy . FLORI-2 08/08/08 PRODUCER THIS CERTIFICATE t5 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SLATON INSURANCE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . O. Box 220537 ALTER THE COVERAGE AFFORQED BY THE POLICIES BELOW. West Palm Beach FL 33422 Phone:561-683-8383 Fax: 561-6.84-5995 INSURERS AFFORDING COVERAGE NAIC# INSURE INSURER A: SCOttsdale IIIS CO INSURER B: ry~..p~a~ wuzanoe coapany 18988 Florida Superior Sand Inc ATT: Marion Jefferson INSURER C: Aatlon IInion Piz Slreuzanae Co PO BOX 5901 hthouse Point FL 33D74 Li INSURER D: 9zidgaSi~ld S~plepara zna. ca. g INSURER E: Fireman ~ s. Fund IIIS CO . COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSI~D TO THE INSU2ED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING PNY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSI~D OR MAY PERTAIN. THE INSURANCE AFFORDED BY TFiE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDfTIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR SR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MMfDDfIY) LMRS GENERAL LU461LITY EACH OCCtA2RENCE S 1 , 000 , 000 A X coMMERC1ALC~ENERALUABIUTY CPS0885391 10/16/07 10/16/08 PREMISES (Esoccurence) 1100,000 CLAIMS MADE ~ OCCUR MED EXP (Any one Person) S 5 , 000 PERSONAL & ADV INJURY S 1, 000 , 000 GENERAL AGGREGATE $ 2 , OOO ,ODD GEN'L AGGREGATE L IMIT APPLIES PER: PRODUCTS -COMP/OP AGG >F 1 , 000 , DD D X POLICY ~LaT LOC AUT OMOBILE LUIBIL(TY COMBINED SINGLE LIMB ; 1 000 OOD $ ANYALRO 4658359800 10/16/07 10/16/08 (Eaecciderrt) , , ALL OWNED AUTOS BODILY IN,A R2Y X SCHEDULED AUTOS . (Fer ~~) S X HIRED AUTOS /~/ BODILY INJURY _ X NOtd-OWNED AUTOS / / D~ (Peraccider~ p~ `( / A /~ PROPERTY O~NrWGE (Per accidentY _ GARAGE LU1811-IT1' AUTO ONLY - EA ACCIDENT i ANY AUTO EA ACC aniER THaN i AUTO ONLY: AGG S E%CESS/UMBRELLA. LIABILITY EACH OCCURRENCE i 2 , D OO ,ODD C X occLlR ~ cLAIMSMaDE EBU6850525 10/16/07 10/16/D8 AGGREGATE S S - DEDUCTIBLE ; REfENfION a = WORKERS COMPENSATION AND eaPLOYERS'L I Y TORY LIMITS x ER D WB LR ANY PROPRIETOR/PARTNER/EXECUTIVE 83034755 07/22/08 07/22/09 E.L. EACH ACCIDENT s 1 060 000 r r OFFICER/MEMBER EXCLUDED? If es ribe de d E.L. DISEASE - EA EMPLOYEE S 1 , OOO , 0 D D y , sc un er SPECIAL PROVISIONSbebw E.L. DISEASE-POLICY LIMIT S1,ODD,ODO OTHER E Equipment Floater MXI97506433 10./16/07 10/16/08 Sch Equip $934,OOD Rent/Leas $100,000 DESORPTION OF OPERATONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDEDBY ENDORSEMENTI SPECUIL PROVISIONS Certificate Holder is listed as an additional insured with respects to general liability only. GtK fIFIGATE MOLDER CANCELLATION CITYOFM SHOULD ANY OF THE ABOVE DESCRSED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING-INSURER WLL ENDEAVOR TO MAIL 1 O DAYS WRITTEN NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FALURE TO DO SO SHALL City of Miaml Beach IWPOSE NO OBLIGATION OR LWB~IfY OF ANY KIND UPON THE INSURER, trs AGENTS OR 1700 COIIVeIIt10II Center Drive REPRESENTATIVES. Miami Beach FL 33139 AlITF10Rl~ R SENT ~w.vna~ ~J (GVV IfV0/ !f \/ ~/""~- ®ACORD CORPORATION 1988