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Pro-Grounds Products, Inc.
MIAMIBEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT bac 7/0 r 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): Pro -Grounds Products 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. 1 CITYCLERK 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. 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 J. THIRD PARTY BENEFICIARIES Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. 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 For Contractor: Kevin Smith Parks and Recreation, Director Parks and Recreation Department 2100 Washington Avenue Miami Beach, Florida 33139 GD! Ag onn m :es- urrp1_ _d 14a Pry Or `l s 8834 SW 131 Street Miami. F133176 Attn: Bruce Bates 6'., ,"C, 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. 0. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and 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 and Contractor have caused this Certification of Contract to be signed and attested on this 1G tt day of 'Tu t y , 200 $ , by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH 0;;&? By President/ Signature ayor n4 r tocJeS Print Name ATTEST: I )1 :1\ _ 1 E4t4.x a Siseiretary/ Signatur rC- 1�1 La�tetu 1a� e G Print Name ATTEST: rcatc13- Paitd„,_ City Clerk F:\PURC\SALL\Maria\Bids\07-08\ITB-22- 07-08 For the Supply and Delivery of Rock, Soil, and Sand\Contracts\Pro-Grounds Products.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION t\\7A§, Ci Atto e / Date V 5 COMMISSION I I EM SUMMARY Condensed Title: 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. Key Intended Outcome Supported: 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 felt that the condition of the sidewalks was good or excellent; 76% of the residents and 75% of the businesses felt that the parks maintenance were aood or excellent. Issue: Shall the Mayor and City Commission approve the bid award? Item Summary/Recommendation: The purpose of Invitation to Bid 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 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 notices to 24 prospective bidders, and 30 additional bidders were notified by the Procurement Division via mail, e-mail, and fax transmission, which resulted in the receipt of eight (8) bids. The User Group participants presented their individual perceptions of the bidder's qualifications, experience, competence, and ranked the bidders being evaluated accordingly. It 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 acquisition of Rock, Soil, and Sand; approximately 10% overall savings to the Public Works Department and 20% overall savings to the Parks and Recreations Department THE ADMINISTRATION RECOMMENDS APPROVING THE AWARDS. Advisory Board Recommendation: N/A Financial Information: Source of Funds: d: 'Ac+`oO it •: $36,000 $33,950 $42,292 $42,292 $42,292 $42,292 OBPI I Total. $239,118 Financial Impact Summary: Parks and Recreation Department, Miami Beach Golf Course Account No. 011-0970-000-343 Parks and Recreation Department, Normandy Shores Golf Course Account No. 011-0975-000-343 Public Works Department Sewer Account No. 425-0420- 000-343 Public Works Department Streetlights Account No. 011- 0840-000-343 Public Works Department Water Account No. 425-0410- 000-343 Public Works Department Storm Account No. 427-0427- 000-343 City -Clerk's Office Legislative Tracking: Gus Lopez extension 6641 Sion -Offs: bia ltttnent;l ir+iecto > .;: �1ssi ihi ana er GL FB KS RCM T:\AGENDA\2008\July 181ConsentilTB-22-07-08 Rock, Soil, and Sand - Summary.doc MIAMIBEACH 21 JMG AGENDA ITEM GC` DATE -AI& g a BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members oft1"ie 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 Public 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 Well -Maintained Infrastructure. ANALYSIS The purpose of Invitation to Bid 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. A pre-bid meeting to provide information to the suppliers submitting a 22 Commission Memorandum — ITB -22-07/08 July 16, 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 notified by the Procurement Division via mail, e-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 6. 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 Department 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, rithout 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 1 Item 1 Commission Memorandum — ITB -22-07/08 July 16, 2008 Page3of6 The Parks and Recreation Department received from Florida Superior Sand, Inc, an altemate 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 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-Anale Sand - Bunker Sand: The Parks and Recreation Department has decided to select the current provider of this product Gotf 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 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 more of a fried egg effect (golf term) in comparison to the specified G -Angle sand. Parks and Recreation Materials Item # 3 - 304 Ton Dressina Sand USGA Medium Dressing: The Parks and Recreation Department has decided to select the current provider of this product, Golf 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 Hills / 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: PUBLIC WORKS DEPARTMENT MATERIAL Description Primary Vendor Unit Cost (per ton) Concrete Screening Austin Tupler $25.24 Sand Trucking Inc 1 day 2 Crushed Lime Rock Austin Tupler $15.14 Base _ ___ Truckinj Inc 1 day 3 Ballast Rock #4 CemexlRinker $22.88 Materials Corp. 3 days 4 Pea Rock Austin Tupler $24.04 Trucking Inc 1 day 5 A.S.T.M. Rock #57 Austin Tupler $22.54 Trucking Inc 1 day 24 Secondary Vendor Chin Diesel, Inc Allied Trucking of Florida Austin Tupler Trucking Inc Chin Diesel, Inc Allied Trucking of Florida Unit Cost(per ton) $27.50 2 dans $16.30 Next day $23.09 Next day $26.50 1 day $25.40 Next day Commission Memorandum — ITB -22-07/08 July 16, 2008 Page 4 of 6 PARKS AND RECREATION DEPARTMENT MATERIALS Item Description 1 Green Sand with nutrient charge 4 lbs 6-9-15 per ton of sand 2 G- Angle- Golf Agronomics Bunker Sand 3 304 top Dressing Sand USGA Medium Dressing 4 Coquina 5 Divot mix 50 #bags USGA 6 7 8 Drain Rock 304 single dye (green) top dress for divots 50/50 sand with peat to fill in wash outs Primary Vendor Florida Superior Sand, Inc Golf Agronomics Golf Agronomics Unit Cost (nertoi) $37.00 2 days $34.50 2 days $25.75 2 days Comex/ Rinker $28.88 Materials 3 days No award- Best buy at current price of $ 210.00 as opposed to $600.00 as 9uoted Allied Trucking of Florida Florida Superior Sand Pro -Grounds Products, Inc $25.40 Next day $35.50 2 days $28.65 4 days Secondary Vendor Golf Agronomics No Award -No vendor meet specifications No Award -No vendors meet specifications Unit Cost (per ton) $39.00 2 days Allied Trucking of $30.95 Florida Next day No award- Beet buy at current price of $ 210.00 as opposed to $600.00 as quoted Florida Superior Sand Golf Agronomics Florida Superior Sand $32.85 2 days $39.00 2 days $32.95 2 days BENCHMARK ANALYSIS 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 1 1 2 I3 Description Ballast Rock #4 Pea Rock A.S.T.M. Rock #57 Primary Vendor under Miami -Dade Contract $21.63 $21.63 $21.63 25 Secondary Vendor under Miami -Dade Contract $22.03 $22.03 $22.03 City of Miami Beach ITB# 22-07100 $22.88 $24.04 $22.54 Commission Memorandum — ITB -22-07/08 July 16, 2008 Page 5 of 6 The Administration has concluded that it would be in the City's 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 Mami-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. 4056-0/11. 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 1 Concrete Screening Sand 2 Crushed Lime Rock Base 3 Green Sand with nutrient charge 4 lbs 6-9-15 per ton of sand. 4 G- Angle- Golf Agronomics Bunker Sand 5 304 top Dressing Sand USGA Medium Dressing 6 Coquina Drain Rock 9 304 single dye (green) top dress for divots 10 50/50 sand with peat to fill in wash outs Primary Vendor Austin Tupler Trucking Inc Austin Tupler Trucking Inc Florida Superior Sand, Inc Golf Agronomics Golf Agronomics Cemex / Rinker Materials Allied Trucking of Florida Florida Superior Sand Pro -Grounds Products, Inc Unit Cost (per ton) $25.24 1 day $15.14 1 day $37.00 2 days $34.50 2 days $25.75 2 days $28.88 3 days $25.40 Next day $35.50 2 days $28.65 4 days Secondary Vendor Chin Diesel, Inc Allied Trucking of Florida Golf Agronomics No Award -No vendor moot aoecificeUons No Award -No vendors meet specifications Allied Trucking of Florida Florida Superior Sand Golf Agronomics Florida Superior Sand Unit Cost (per ton) $27.50 2 days $16.30 Next day $39.00 2 days $30.95 Next day $32.85 2 days $39.00 2 days $32.95 2 days 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 will 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 rock, 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 16, 2008 Page6of6 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:IAGENDA12008UuIy 161ConsentlITB-22-07-08 Rock, Soil, and Sand - Memo.doc 27 RO-GR Nas Pr®ducts Inc. +ter: MATERIALS AND EQUIPMENT - 8834 SW 131 Street • Miami, FL 33176 Tel: (305) 235.5101 • Fax: (305) 235-5186 Toll -Free: 1-866-556-6156 Toll -Free Fax: 1-866-556-2892 progrounds @bellsouth. net INVITATION TO BID SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB# 22-07/08 BID OPENING: MAY 9, 2008 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov MIAMIBEACH CA MAMBEACH 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 Invitation to Bid No. 22-07/08 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 strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 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 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 Annual 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 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). The City has contracted with BidNet as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. 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/public/homel .aso or call 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 4/9/2008 City of Miami Beach 2 of 38 ITB -22-07/08 the registration options at the following website: wvvw.rfodebot.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 writing by mail or facsimile 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 MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: htto://www.miamibeachfLoovinewcitvideots/ourchase/bidintro.aso • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234. • PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES ORDINANCE NO. 2002-3363 • LOCAL PREFERENCE ORDINANCE NO. 2003-3413 • EQUAL BENEFITS ORDINANCE — ORDINANCE NO. 2005-3494 Detailed representation of all these ordinances can be found on the City of Miami Beach website at htto://www.miamibeachfLoovinewcitvideots/ourchase/bidintro.asb Sincerely, Gus Lopez, CPPO Procurement Director 4/9/2008 City of Miami Beach 3 of 38 ITB -22-07/08 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 NO BID NOTICE TO PROSPECT BIDDERS ITB 22-07/07 If not submitting a bid at this time, please detach this s ' et from the bid documents, complete the information requested, and return to the .ddress listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AN ► OR INDICATED: _Our company does not handle this type of •roduct/service. _We cannot meet the specifications no provide an alternate equal product. _Our company is simply not intere _Due to prior commitments, we OTHER. (Please specify) d in bidding at this time. re unable to bid at this time We do do not _ want • be retained on your mailing list for future bids for the type or product and/or service. Signature: Title: Comp. y: Note: allure to respond, either by submitting a bid or this completed form, may result in your company being removed from the City's bid list. 4/9/2008 City of Miami Beach 4 of 38 !TB -22-07/08 SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-07/08 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: An Original and five (5) copies copies of the Bid Form as weU 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, or e-mailed bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature ofan authorized representativein 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 correeted figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BUD: If not submitting a bid, respond by returning the endooed bid form queotonnmvo, and exptain the reason. Repee1edfmUuto bid without sufficientjustification 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 pronlpt payment. Award, if made, will be in accordance xvith1ermmaand unditionsato0edhena|n. 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 Certificate Number is 04-00097-09-23. 1.6 MISTAKES: Bidders anatoenonlimothe specifications, delivery schedules, bid prices and extensions a��aUinstructionmpertaining 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 w9/2008 City of Miami Beach 5 of 38 bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number 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 BIDS 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. 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 furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 4/9/2008 City of Miami Beach 6 of 38 ITB -22-07/08 1.13 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 1.14 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. E-mail mestevezamiamibeachfl.aov with a copy to GusLoDezamiamibeacfl.aov. 1.15 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be returned, unopened. 1.16 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title 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. 1.17 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.18 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. 1.19 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.20 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 4/9/2008 City of Miami Beach 7 of 38 ITB -22-07/08 1.21 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects bmthe standards set forth in the Occupational Safety and Health Act of 1970. as amended, and the failure to compy 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, co|or, no||gion, sex or national origin. 1.24 AMERICAN WITH DISABILITIES ACT: To request this material in accessible format, sign language intmrprebyre, information on access for persons with disabilities, and/or any accommodation to review any document or participate inany city -sponsored proceeding, please contact 305-6O4-248B(voioe).3O5- 673-7524(fax)or3O5-873'7218/TTY\five days inadvance toinitiate your request. TTY users may also caII 711 (Florida Relay Service). 1.25 QUALITY: AU materials used for the manufacture or construction of any supoUua, materials or equipment covered by this bid shall be new. The items bid must be new, the Iatest model, of the best quality, and highest grade workmanship. 1.26 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duh/.ob|igoball mnmnde�penmeofob�miningnecmoearyUognaem.pgrm|tm 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 bidder to execute a contract upon award, or withdrawalof a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list. w9/2008 City of Miami Beach 8 of 38 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 a self- 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 e-mail or facsimile 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 4/9/2008 City of Miami Beach 9of38 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 performance (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 of the products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's 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 performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. 1.38 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 perform 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. 4/9/2008 City of Miami Beach 10of38 ITB -22-07/08 1.39 ASSIGNMENT: The contractor shall not aasign, 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 Gity of Miami Beach. 1.40 LAWS, PERMITS AND REGULATIONS: The bidder shaH obtain and pay for all Iicenses, permits and inspection fees required for this project; and shall comply with all |avva, ondinancea, regulations and building code requirements appIicabe to the work contemplated herein. 1.41 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of 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 intenof the City to purchase the items specificallylisted inthis 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 Iocal contracts. 1.43 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.44 WAIVER OF INFORMALITIES The City reserves the right towaive any informalities orirregularities inthis bid solicitation. 1.45 ESTIMATED QUANTITIES Estimated quantities or estimated doUnrn, if prmvided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.46 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or 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 wwnenmhip, control and management of such related parties in the preparation and submitta of such bids or bids. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. 11 of 38 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 may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.47 DISPUTES In the event of a conflict between the documents, the order of priority of the documents shall be as follows: • Any agreement resulting from the award of this Bid (if applicable); then • 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 or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, Florida, 33139 via e-mail: mestevezc miamibeachfl.aov with a copy to GusLopez@miamibeachfl.aov. The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED 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 contract with a public entity for the construction 4/9/2008 City of Miami Beach 12 of 38 ITB -22-07/08 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 order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. 1.55 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time, no ranges will be accepted, 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 bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. 1.58 TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful bidder in accordance with the Agreement for all services actually performed by the successful bidder and reasonable direct costs of successful bidder for assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced 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. 4/9/2008 City of Miami Beach 13 of 38 ITB -22-07/08 1.59 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. �eci. HamMaU specifically and distinctly assume, and does so assume, alt risks of damage or ijury to property or persons used ormnp(oyad on or connection with the work and of all damage or ijury 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 contnaotor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the foliowing 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 Gity ot 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 or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All p|ioiamiesumdt000vertheinaunanoerequirammon1mhmneinaha||pnmvidefu||ooveoage from the first doflar 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 Boaoh, a municipal corporation, its officers, agents, and em | s from all claims for bodily injuries to the public in and up to the amount of $1.000.000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1.000.000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission f any by the oontnac1or, his aOenta, oervanto, or ennp|myees, or through the mere existence of the pject 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. 14mm ITB -22-07/08 4/9/2008 The contractor will notify his insurance agent without delay of the existence of the Hold Hann|esa Agreementcontained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the HoId Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of s . 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|iabiUtvc|mirnorou�byanother insured hereunder ormnennp|oyeamfsuch other insured and that with i1h nompeot to claims against any insured hmreunder, 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 oxvnerohip, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. 1'60 MODIFICATION/WITHDRAWALS OF BIDS: A Bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will not be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of Bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and Ietters 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, identified 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 n*quirernen1o, you must notify the Procurement Office in 15 of 38 ITB -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. 4/9/2008 City of Miami Beach 16 of 38 ITB -22-07/08 SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-07/08 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1.000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value .00 Liquor Liability .00 Fire Legal Liability .00 Protection and Indemnity .00 Employee Dishonesty Bond .00 Other .00 XXX 7. Thirty (30) days written cancellation notice required. )0(X 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 these specifications and that evidence of this insurance may be required within five (5) days after bid openin —0-ics-uLn (IS 9n)01,4(41, c. Bidder 4/9/2008 City of Miami Beach Signature of Bidder 17 of 38 ITB-22-07/OS SUPPLY AND DELIVERY OF 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/Purchase Order shall remain in effect for one (1) year from 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 two (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 payment will 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. 4/9/2008 City of Miami Beach 18 of 38 ITB -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 e-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 corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written addendum to this Bid. Bidders should verify with the Procurement Division prior to submitting a 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 furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with Bidder's name. Failure of Bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139 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: N/A 2.13 PERCENTAGE ABOVE VENDOR COST: N/A 4/9/2008 City of Miami Beach 19 of 38 ITB -22-07/08 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 may be 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 error or damaged in shipment. The City of Miami Beach shall return items in "as received" condition. 2.17 GUARANTEE: The successful bidder will 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- MAIL ADDRESS, the telephone number and facsimile number. 2.19. COMPLETE PROJECT REQUIRED: N/A 2.20 FACILITY LOCATION: N/A 2.21 PURCHASE OF ITEMS NOT LISTED WITHIN THIS SOLICITATION: N/A 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 include 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 4/9/2008 20 of 38 City of Miami Beach ITB -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 reguiarly 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 returned 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 bidder/proposer. 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 returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.25 MAINTENANCE AGREEMENT: N/A 2.26 EQUAL PRODUCT: Manufacturer's name, brand name and model number are used in these specifications for the purpose of establishing minimum requirement of level of qug|itv, standards of performance and design required and is in no way 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 quo\ity, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid as equal. 2.27 USAGE REPORTS: The City may request Annual Usage Reports from successful hidder(a), to include: item numbeitem damchobon, quantity ondmrad/auppUad, unit/extended costs and total dollar amount citywide and per department. 2.28 MIAMI-DADE/STATE CONTRACTS: The City reserves the right to purchase supplies such as the ones sin 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 prmfmeoiona|, courteous and ethical manner in all situations. The successful bidder's employees must work as a cooperative team of well-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. 4/9/2008 City of Miami Beach 21of»u SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-07/08 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 Construction, most recent edition. Division III — Materials Section 901 (All ) — Coarse Aggregate: #4 Ballast Rock, Pea Rock 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. 4/9/2008 City of Miami Beach 22of38 ITB -22-07/08 SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-07/08 BID PAGE 1 OF 2 COMPANY NAME: 0v ..c x . (l 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 Description Est. Annual Oty. Unit Cost Total 1, Concrete Screening Sand 3,400 Tons $ / Ton $ 2. Crushed Lime Rock Base 2,000 Tons $ / Ton $ 3. Ballast Rock #4 600 Tons $ / Ton $ 4. Pea Rock 600 Tons $ I / Ton $ 5. A.S.T.M. Rock #57 1,100 Tons $/ / Ton $ 8/ 0--4 11 E—Q-Q A- O'LkeANOLA-,----(-‘ P Guaranteed delivery (in calendar days after receipt of order): days. Minimum acceptable order, if any: 4/9/2008 City of Miami Beach calendar 23oi3S ETB-22-07/05 SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-07/08 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: COMPANY NAME: Pr() — OrdZA k frvti Pro _______ SIGNED: (I certify that I am authorized to execute this bid an commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). Addendum No. 1: Addendum No. 3: Addendum No. 5: NAME/TITLE(Print): ADDRESS: CITY/STATE: TELEPHONE NO: FACSIMILE NO: FEDERAL I.D.#: SIGNED: 4/9/20DB City of Miami Beach Insert Date Insert Date Insert Date Addendum No. 2: ert Date Addendum No, 4: Date Addendum No. 6: In ert Date ZIP: 24 of 1113-22-07.0 SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-07/08 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 correspond to the table of contents. 2. Bid Points 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 qualifications 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, e-mail address, fax number. d) Qualifications of Bidder: Outline in detail the experience and qualifications of the business and individual members of the Bidder entity and experience of Bidder and/or Bidder members in providing similar projects/programs 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) mariaestevez anmiamibeachfl.aov; and a copy to Gus Lopez, at (Fax) 786-394-4007 or (e-mail) auslopez17a.miamibeachfl.aov. 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/s). 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. 4/9/2008 City of Miami Beach 25of38 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 N/A Equivalents/Equal 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 Guaranty/Performance Bond N/A General Condition Section 1.27 X Warranty General Condition Section 2.17 N/A Product/Catalog 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 4/9/2008 City of Miami Beach 26 of 38 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 $20,000 business relationship value with each customer by presenting signed contracts, purchase orders, purchasing card transactions, accounts receivables or payables records, or any other relevant documentation. 1) Company Name fl 0r(40. —1-a+-1• Umve45, Address IUD() St O 3 fy) Contact Person/Contract Amount Oct v d e yt /27, oOD Telephone No. 766-0)3/2 -42,9// Fax No. 30 3 ye- V6.5D E-mail AO-Vici e4y741 ediA /vv€K).seWmSu,ed“ 2) Company Name Pe/Y.4 brDk-e ne5 Po k s Dca_i Address GANN bibke SJores otrr e ,Lee2j3 Pv, Contact Person/Contract Amount Pci/LLc. 495 „ 00 D!'" Telephone No. 95Y- 84ff- /5-59 Fax No. 95- 4/- 4/4/2-/ 20 7 E-mail ebvh'co_e ppintS .COIY1 3) Company Name Address Contact Person/Contract Amount Savyk 4/9/2008 City of Miami Beach c %s Telephone No. )Or- R -,0 -?*5-5.? Fax No. 30 c - E -mail ks 300,000 - 00,s-5 5 27 of 38 1113-22-07'08 CUSTOMER REFERENCE LISTING (CONTD.) 4) Company Name UY1i Ve-13/4y CI )Il1CtviA-t Address 15-35 L a u (11,1 U-1ve, etirc bah/e ‘ Contact Person/Contract Amount I 1 al, kS; cx s� I'yY o Uo - Telephone No. 30 5 99h- 03,x) Fax No._ 0 5--o2 S /- 57S/0 E-mail MSIGCLfS © Yu Y% . Fel (4 5) Company Name ori .. o i a Address I%.k1 90 `i !N it 6 . x �f E 1. <<t� 01 e_J Contact Person/Contract Amount -Ed PE 3� 6 , T Le. No `f - A2 -6 3 9' Taf No. 95C- 9 i - Y3 9 E-mail ere"Purl-+e,rd2Ye,c'0✓ 6) Company Name N\ ( Q n Ort,Q l .gtL, / t,t )/C. S [ c )JJ Address /YR) /U t „101,4. Contact Person/Contract Amount i w al, 1/t/ ; 1 (r 5 ) J 1.. / (J) �-- Telephone No. os -99s-7 yy Fax No. 3O S- 99 S- 999 7 E-mail SW; I/15 CiCpdtc'SC' D01,$,net 4/9/2008 City of Miami Beach 28 of 38 ITB -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 subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Sub fitted to Tb Mayord Cit Commissio of the City of Miami Beach, Florida: By l r u r - J i PS 7'r o- (�T-r o w►.A .r i" a ck..d? Principal Office 883 V S. w i3) tS , NI ',a.m.(' FL 3j/74 How m4py years has your organization been in business under your present business name? V ( Does your organize .° have current occupational licenses entitling it to do the work/service contemplated in this Contract? Please state license(s) type and number: M ani, DG r 2 mu is o ccj You J r s s Occ :(/.59,30c)-% Include copies of above licenses and certificates with bid. Have you ever had a contract terminated due to failure to comply with contractual specifications? JO r-, If so, where and why? U / A - In what other lines of business are you financially interested or engaged? ,k-) (IM - YeP 0 0\ SPS Q,t-%./4 !Di t h �J� �.n c .. i c JivAlsaro a - r . f Arr (., 1. 1 -4? -4-)‘ Give references as to experience, ability, and financial standing 0v 30✓eek—r�s ncluS a'v e,rC,Fffye�.rs c h�rj Pm-�,-rc4 , iv ftr �?c(1 4-h c V, -r- /, Doc) nc,o mss/.c.—Q¢.." two _ 4/9/2008 City of Miami Beach ITB -48-06/07 29 of 39 CONTRACTOR'S / BIDDER'S QUESTIONNAIRE (CONTD.) Vendor Campaign Contribution(s): a. You must provide the names of all individuals or entities (including your sub -consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. O W n e -t — o l rye '7`L- ky 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. I HEREBY CERTIFY that the above answers are true and correct. 4/9/2008 City of Miami Beach (SEAL) (SEAL) ITB -48-06/07 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: 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 9, 2008 at 3:00 p.m. by fax: 786.394.4002; or e-mail mestevez@miamibeachfl.gov Thank you for your time and effort. Gus Lopez, CPPO Procurement Director 4/9/2008 City of Miami Beach ITB -48-06/07 31 of 39 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490, Fax: 786.394.4002 PERFORMANCE EVALUATION SURVEY Group or individual Name: Point of Contact: Phone and e-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 (1-10) regulated delivery hours or early) 3 Professionalism and ability to manage (includes responses and (1-10) prompt payments to suppliers and subcontractors) 4 Professionalism of delivery services (1-10) 5 Condition of products at delivery (1-10) 6 Quality of Products (1-10) 7 Ability to provide products under emergency conditions (1-10) 8 Overall customer satisfaction based on performance and quality of (1-10) products Overall Comments: Agency or Contact Reference Business Name: Contact Name: Contact Phone and e-mail: Date of Services: Dollar Amount for Services: Please fax this questionnaire to Maria Estevez at 786-394-4002 4/9/2008 City of Miami Beach ITB -48-06/07 32 of 39 /MIIAM BEACH CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information/(�U Name of Company: Pi c-lrro,.t,rhrY Phone Number: 30.5--‘235 - 57o/ Vendor Number (if known): Federal ID or Social Security Number: 3 kQJame of Company Contact Person: UCucf Edes Fax Number: 305-r)3 5-- 5hf 6 E-mail:0110 found s l ' X11 Approximate Number of Employees in the U.S.: )1so/. yet (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 X No Union name(s): L Section 2. Compliance Questions 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. LI Race ❑ Color D Creed D Religion ❑ National origin 3 Ancestry ❑ Age ❑ Height Y.Yes _ No ,Yes _ No ),Yes _ No ,(Yes _ No es _ No Yes _ No (Yes _ No (Yes _ No Sex _Yes _ No ❑ Sexual orientation _ Yes _ No ❑ Gender identity (transgender status) _ Yes _ No D Domestic partner status _ Yes _ No F; Marital status _ Yes _ No Disability _ Yes _ No :7 AIDS/HIV status_ 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 City of Miaml Beach ITB -48-06/07 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? es _ 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 partners with a government body pursuant to 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 for the 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 stringent than those required for domestic partnership registration by the City of Miami Beach If vou answered "NO" to both Questions 2A and 2B, g� to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If vou 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 Health • Dental Vision Retirement (Pension, 401(k), etc.) Bereavement Family Leave Parental Leave Employee Assistance Program Relocation & Travel Company Discount, Facilities & Events Credit Union Child Care Other 4/9/2008 City of Miami Beach Yes for Yes for Employees Employees with with Domestic Spouses Partners dC 1 ❑ ❑ ❑ 0 Cr ❑ No, this Benefit is Not Offered 4l 8 ❑ ]q ❑ ❑ 6( 0 Documentation of this Benefit is Submitted with this Form 0 0 0 0 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 ITB -48-06/07 34 of 39 partner coverage) you may be 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 benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? Section 4. Executing the Document _Yes !✓1Vo I declare 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 Executed this —day of (6tA 0/2a,"__ -S5==. Signature 3ruc`2 i� dSc,s Name of Signatory (please print) U Title 4/9/2008 City of Miami Beach entity contractually. 6260E , at /Y l afrt1A F L—, City State , in the year Mailing Address M1cow Pc 33/06 City, State, Zip Code ITB -48-06/07 35 of 39 AM 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. 9ro -Crn,, , to Name of Company (please print) Signature 6cje S Name of Signatory (please print) Title 4/9/2008 City of Miami Beach ct3Lr w 13 / 1- Mailing Address of Company FL 3317 b City, State, Zip 305--(4,0j---- C/O / Telephone Number C /a9 /o?_ Date ITB -48-06/07 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 Contractor that demonstrates that it is not possible for the City Contractor to 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 benefits 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. 4/9/2008 City of Miami Beach ITB -48-06/07 37 of 39 BEACH QUICK REFERENCE GUIDE TO EQUAL BENEFITS COMPLIANCE STEP 1: UNDERSTANDING THE LAW What does the law require? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. Who is covered by this Ordinance? Competitively bid City contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their poyrolls during 20 or more calendar work weeks. For more information, see Equal Benefits Ordinance Summary. What benefits are covered? The Ordinance applies to all benefits offered by a contractor to its employees who have spouses or domestic partners and all benefits offered directly to such spouses or domestic partners, even when the employee pays the entire cost of the benefit. This includes but is not limited to: sick leave, bereavement leave, family medical leave, and health benefits. What is a Domestic Partner? A "Domestic Partner' shall mean any two (2) odults of the same or different sex who have registered as domestic partners with a government body pursuant to state and local low authorizing such registration, or with an internal registry maintained by the employer of at least one 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 offer domestic partner coverage. When a contractor takes all reasonable measures to stop discriminating, but can't for reasons outside its control, 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 vice versa. For more information, see Reasonable Measures Application. What if a company will comply but needs time to do it? Once a contractor makes it clear that it will comply with 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 information, see Rules of Procedure of the Substantial Compliance Forrn. 4/9/2008 City of Miami Beach STEP 2: HOW TO COMPLETE THE DECLARATION: NON-DISCRIMINATION IN CONTRACTS AND BENEFITS FORM Section 1 asks for information about your company. If the company employs 50 or less employees in the U.S., skip to Section 4, date and sign. Section 2. Question 1A asks whether your company prohibits discrimination against people based on the categories listed. • Answer "YES" if your company does have such a policy. • Answer "NO" if your company does not have such a policy. 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 include all of the categories listed in question 1A. You must answer this question even if your company will not be entering into any subcontracts associated with work performed for the City. • Answer "YES" if you will agree to include a nondiscrimination clause in subcontracts. • Answer "NO" if you will not agree to include a nondiscrimination 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 taken because of the death of a spouse, or family medical leave which can be taken because of a spouse having a serious medical condition). • Answer "YES" if you offer any such benefits. • Answer "NO" if you do not offer any such benefits. NOTE: You are considered as offering a benefit even if you don't pay for it. if access to the benefit is offered, but the cost muss be paid in whole or in part by the employee, you should still answer "YES'. Question 28 asks whether you company offers benefits (such as medical insurance) to employees' domestic partners or to employees because they are in a domestic partnership (such as bereavement leave which can be taken because of the death of a domestic partner, or family medical leave which can be taken because of a domestic partner having a serious medical condition). • Answer "YES" if you offer any such benefits. • Answer "NO" if you do not offer any such benefits ITB -48-06/07 38 of 39 NOTE: To comply, your answers to questions 2A and 28 should be the same. In very limited circumstances, you may comply without offering benefits equally. See Reasonable Measures Application Form, Question 2C should be filled out ONLY if you have answered "YES" to question 2A and/or 2B. It asks you to indicate which benefits you offer to spouses (or employees because they are married), which benefits you offer to domestic partners (or employees because they are in a domestic partnership), and which benefits you do not offer. Please indicate only those benefits offered. If you offer benefits not already listed, write them in where it says "other". Remember, offering access to a benefit is still considered a benefit, even if your company does not pay for it. Note: If you can't offer all benefit in a nondiscriminatory manner because of reasons outside your control, (e.g. there are no insurance providers willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application Form with all necessary attachments and have your application approved by the Procurement Division of the City of Miami Beach. Step 3: ATTACH THE NECESSARY DOCUMENTATION Section 3 states that you must submit documentation that verifies all benefits marked in your answer to Question 2C are offered in a nondiscriminatory manner. When possible, it is best if you submit this documentation along with your Declaration form. For policies that ore unwritten, submit a letter to the Procurement Division indicating this. Use the list below as a guide for the type of documentation needed. Medical Insurance A statement from your medical insurance provider that confirms spouses and domestic partners (as defined under this Ordinance) receive equal coverage in your medical plan. This may be in a letter from your insurance provider, or reflected in the eligibilily section of your official insurance plan document. Similar documentation is needed for other types of insurance pions. Retirement Plans (including 401k & pension plans) The sections of your pension plan detailing how employees receive benefits. This should cover joint annuity options and pre retirement death benefits. Documentation should indicate that employees with domestic partners and employees with spouses receive the some benefits and payment options. Bereavement Leave Your bereavement leave of funeral leave policy indicating the benefit is offered equally. If your policy allows employees time off from work because of the death of a spouse, it should also allow for time off because of the death of a domestic partner. If the policy allows for time off due to the death of a parent in-law or other relative of a spouse, it must include time off for the death of a domestic partner's equivalent relative. 4/9/2008 City of Miami Beach Family Leave Your company's Family and Medical Leave Act policy. All companies with 50 or more employees must offer this benefit. Your policy should indicate that employees may take leave because of the serious medical condition of their spouse or domestic partner. Parental Leave Your company's policy indicating that employees may take leave for the birth or adoption of a child, to care for a child who is ill, and/or to attend school appointments. If 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 employee assistance program policy confirming that spouses, domestic partners and their parents and children are equally eligible (or ineligible) for such benefits. Relocation & Travel Your company's policy confirming that expenses for travel or relocation will be paid on the same basis for spouses and domestic partners of employees. Discounts, Facilities & Events Your company's policy confirming that discounts, facilities (e.g. gym) and events (e.g. holiday party) are equally available to spouses and domestic partners of employees. Credit Union Documentation from the credit union indicating that spouses and domestic partners have equal access to credit union services. Child Care Documentation that the children of spouses (step -children) and children of domestic partners have equal access to child care services. Other Benefits Documentation of any other benefits listed to indicate that they are offered equally. For medical insurance companies providing domestic partner coverage in the State of Florida, refer to the Domestic Partner Insurance Coverane Search available online at: www.miamibeachfl.aov under Business, Procurement drop down list. For any questions on the City of Miami Beach Equal Benefits Ordinance or how to complete the applicable forms, please contact: Cristina Diaz, Contracts Compliance Specialist PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7496 / Fax: 786-394-4000/ cristi nadia zOmiamibeachR.00v We are committed to providing excellent public service and safety to all who ive, work and play in our vibrant, tropical, historic community. ITB -48-06/07 39 of 39 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 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 follow: 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 attached herein, and request that your client submit the completed survey to Maria Estevez, at (Fax) 786-394-4002 or (e-mail) mestevezamiamibeachfl.aov; and a copy to Gus Lopez, at (Fax) 786-394-4007 or (e-mail) ausloaezamiamibeachfl.aov. 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(s). 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. II. 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 your bid and the Evaluation Performance Survey are available upon request. Please send an e-mail to mesteveztu'7miamibeachfl.aov 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 Unit Cost Concrete Screening Sand Crushed Lime Rock Base Ballast Rock #4 Pea Rock A.S.T.M. Rock #57 $ 28.02 / Ton $ 20.62 / Ton $ 25.67 / Ton $16. 27 / 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 $32.00 / 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 VII. 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 City 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 5/2/2008 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 601 Hagen Street Miami Beach Florida, 33141 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 t_ 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 Beach, 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; or e-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 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 PERFORMANCE EVALUATION SURVEY Group or individual Name: Point of Contact: Phone and e-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 1 Ability to fill purchase orders accurately 2 Ability to maintain delivery schedule (on-time / conforming to regulated delivery hours or early) Professionalism and ability to manage (includes 3 responses and prompt payments to suppliers and subcontractors) 4 Professionalism of delivery services 5 Condition of products at delivery 6 Quality of Products 7 Ability to provide products under emergency conditions 8 Overall customer satisfaction based on performance and quality of products Overall Comments: Agency or Contact Reference Business Name: Contact Name: Contact Phone and e-mail: Date of Services: Dollar Amount for Services: UNIT (1-10) (1-10) (1-10) (1-10) Please fax this questionnaire to Maria Estevez at 786-394-4002 ITB No. 22-07/08 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 5 of 11 DATE: RFP No.: TITLE: tra MIAMI BEACH CITY OF MIAMI BEACH PRE-BID MEETING SIGN -IN SHEET April 25, 2008 ITB -22-07/08 SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND NAME (PLEASE PRINT) Maria Estevez Cristina Diaz mfW C- (op e& c ;,oiw Mia -?25 jeo CMita-rOk / r ' atDeft eidk# COMPANY NAME - E-MAIL ADDRESS CMB — Procurement Division mestevezt miamibeachfl.eov CMB — Procurement Division cristinadiaz©miamibeacht :gov I �t t1 l CS L rUCkA PHONE# FAX# 305-673-7234 786-394-4002 305-673-7490 305-673-7851 R ACRt4 A M Gnof4.6iLs abech ',i?c„ CMB p v✓. Atk.i.ve$ w ��svila a tltadtKwui11sask. Mxt CHIN fit,, qac-. -Dei►tor1)51,, @ hot.. Cows c, TYrfNrAu' f.cocaPw v iDeecilos ® hsA. car+ ITB -22-07-08 ITB No. 22-07/08 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 6 of 11 -F- 9th, s-caf'-j- 3d5 1579- uda 305-- 4_r3._ �G SO Vooriv -6 ((t t)s4 C-313 'Mil- Ina qS� 91 ? 9stt urAyti= .ter d s €51r,,,135,14, NAME (PLEASE PRINT) MJAMIBEACH CITY OF MIAMI BEACH PRE-BID MEETING SIGN -IN SHEET COMPANY NAME -E-MAIL ADDRESS 'S" �.•see►�'( -?-,//Ziei It Met <« .. «..f fi1,1 f'..rl 62 4e5i/.704�+� - 6i,z 03 /41.06,1y 4014-b rymy�_ ITB -22-07-08 ITB No. 22-07/08 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 7of11 PHONE# 95'/--70 5 FAX# 93-1/. Cl/‘ - q00V SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-07/08 BID PAGE 1 OF 3 COMPANY NAME: Pro- Gro 5; _1- nc. 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 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. Unit Cost 3,400 Tons $-) 9,0?ci Ton 2,000 Tons (i3 .6 3/ Ton 600 Tons 600 Tons $ • 9,5- 'Ton 1,100 Tons $ d8 • 9,C/ Ton Guaranteed delivery (in calendar days after receipt of order): days. Minimum acceptable order, if any: VI 5' Total $1/2 c;260 ) 12)370,' $ $ calendar EMERGENCY / AFTER HOURS PRICES FOR PUBLIC WORKS DEPARTMENT * After 3:30 p.m. on Friday, Saturday and Sunday delivery Item Description 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 $ 5.-.,;.15/ Ton $ 63 / Ton $ 3 LOS / Ton $ 3 Li, b./ / Ton $ 39.9S /Ton Guaranteed delivery (in calendar days after receipt of order): days. Minimum acceptable order, if any: ,Q.2 1-0 /I 5 ITB No. 22-07/08 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 8 of 11 1 Total $07,357). $ $ .203 7D, $ Q01,9Di $ calendar SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-07/08 BID PAGE 2 OF 3 COMPANY NAME: 1-O - roc( oak S 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 Description 1. Green Sand with nutrient charge 4Ibs 6-9-15 per ton of sand Est. Annual Qty. 2. G- Angle- Golf Agronomics Bunker Sand 304 Tons 800 Tons 3. 304 top Dressing Sand 1080 Tons USGA Medium Dressing, UnitcCost $�7 .8'5./ Ton $ /6 /Ton $ 3'7.08/ Ton ****MUST be equal to same sand used to build the Miami Beach Golf Course Greens, to maintain consistent percolation 4. Coquina 5. Concrete Screenings 6. Divot mix 50 #bags USGA 7. Drain Rock 200 Tons 200 Tons 3 Tons 30 Tons 8. 304 single dye (green) top dress for divots 300 Tons 9. 304 top dressing sand for the greens & tees 700 Tons 10. 50/50 sand with peat to fill in wash outs 11. G - angle bunker sand 12. Cement screening utility paths 13. Rice rock for drainage 100 Tons 1,000 Tons 150 Tons 100 Tons Guaranteed delivery (in calendar days after receipt of order): 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 9 of 11 $ Lifo.3�/Ton $ ,311.05 t Ton $((o (2,D0Ton $ n)c3,ci/Ton $%o� /Ton $ 3 %,DF /Ton $)W,6,1; /Ton $37./5 /Ton $/ v oBi A Ton $ )81.'6/ / Ton 171 Total $ /Ll.514.�/o CO 00, (7Vb. yD $ >eciY, calendar b;votm;x so*ba3s U5614 ) EMERGENCY / AFTER HOURS PRICES FOR PARKS AND RECREATION DEPARTMENT * After 3:30 p.m. on Friday, Saturday and Sunday delivery Item Description Est. Annual Qtv. 1. Green Sand with nutrient charge 304 Tons 4Ibs 6-9-15 per ton of sand 2. G- Angle- Golf Agronomics Bunker Sand 800 Tons 3. 304 top Dressing Sand 1080 Tons USGA Medium Dressing, Unit Cost 1006,kTon $kLij /Ton $ Ton ****MUST be equal to same sand used to build the Miami Beach Golf Course Greens, to maintain consistent percolation 4. Coquina 5. Concrete Screenings 6. Divot mix 50 #bags USGA 7. Drain Rock 8. 304 single dye (green) top dress for divots 200 Tons 200 Tons 3 Tons 30 Tons 300 Tons 9. 304 top dressing sand for the greens & tees 700 Tons 10. 50/50 sand with peat to fill in wash outs 11. G - angle bunker sand 12. Cement screening utility paths 13. Rice rock for drainage 100 Tons 1,000 Tons 150 Tons 100 Tons Guaranteed delivery (in calendar days after receipt of order): days. / Ton $ /Ton $ X7)0 r /Ton $ ALL/ / Ton $ A.//Ton $ J1,iITon t Duk /Ton $ Ni/Ton $ LAI Ton $ 95r/ Ton \, An , Minimum acceptable order, if any: e2 -ions vivo -T m 5-0 ITE3 No. 22-07/08 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 10 of 11 Q Total •^4 $ 95 - calendar SUPPLY AND DELIVERY OF ROCK, SOIL, AND SAND ITB # 22-07/08 BID PAGE 3 OF 3 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: rucq COMPANY NAME: Pro—C-rouyNets 'Rock ds. -To c. SIGNED: (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: ,3200F Addendum No. 2: nsert t Addendum No. 3: Addendum No. 4: Insert Date Addendum No. 5: Addendum No. 6: Insert Date NAME/TITLE(Print): ADDRESS: CITY/STATE: TELEPHONE NO: FACSIMILE NO: FEDERAL I.D.#: SIGNED: -hwCf bciA'es, C' 813V C. IA/ /3/ 3A7- €51" rv. ZIP: -FL 33 176 o-35--- 570/ 305-- c)3c- ile6 6 5-- /05,2960'n Insert Date insert Date Insert Date ITB No, 22-07/08 Supply and Delivery of Rock, Soil, and Sand Addendum #1 5/2/2008 Page 11 of 11 ACORD,„ CERTIFICATE OF LIABILITY INSURANCE PRODUCER ALLIANCE INSURANCE 7760 SW 117TH AVE surrt 103 MIAMI, FL 33183 INSURED PRO GROUNDS PRODUCTS INC. 8834 SW 131ST STREET MIAMI, FL. 33176 COVERAGES THE POUCES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IND ICATED.N OTWITHSTAN DING ANY REQUIREMENT, TERM OR CONIXTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 305-598-4784 DATE oswoofrrrn 08/04/2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 1 INSURER A:. SCOTTSDALE INSURANCE COMPANY I I sosuReRs- PROGRESSIVE AMERICAN INSURANCE [INSURER C. 1 INSURER D: INSURER. E: ‚*ICs sun wo'L LTR -ARID TYPE OF INSURANCO GENERAL LIAGLITY A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR 8 GERI. ADO REGATE Lem APPLIES PER: 7POLICY I 1 11/?; 1 1 LOC AUTOMOBILE LIABILITY ANY AUTO ALL OvITWO AUTOS X SCHEDULED AUTOS HIRED AUTOS NOWOWNED AUTOS X F1RE/THEFT DED: $500 X COLL DED: $500 GARAGE IJASILITY ANY AUTO EXCESSAIMBRIELLA LIABILITY OCCUR Hi CLAIMS MADE E UCTIBLE RETENTION WORKERS COMPIENEATION AND EMPLOYERS' LIAGIUTY ANY PROPEINTOPLIPARTYEIVEXECUTIVE OF-EIGER/WEN BER excLupern Eyes, deocrbe under SPECIAL PROVISIONS b&ow OTHER POLICY NUMBER PO POL PAC6411471 03/14/2008 03/14/2009 02533203-3 02/18/2008 _ . . LASTS EACH OCCURRENCE PIZailat Tr one% non cm 1 MED,ExP (Arwoos Donlan) 1 $ 1 PERSONAL ACV INJURY 1 $ ENERAL AGGREGATE 1 $ PRODUCTS pCOI4PIOD AGO 1 $ 1 COMENEDSINGLE OMIT 1,000,000 02J18/2009 wale NIS BODILY INJURY CSL Pie pence) BODILY INJURY (PsrmCSL aeldanty 1.000,000 50,000 5,000 1,000,000 2,000,000 1.000, 000 DESCRIPTION OF OPERATIONS LOCATIONS 'VEHICLES! EXCLUSICED ADDED BY ENDORSEMENT /SPECEAL PROVISIONS 2004 CHEVY C4500 12F1 FLAT BED VIN# 1GBE4E1E94F516088 CITY OF MIAMI BEACH IS ADDITIONALLY INSURED CONTRACT NO. 22-07/08 CERTIFICATE HOLDER CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 ACORD 25(2001108) PROPERTY DAMAGE CSL (Perszoldsr* A UTO ONLY ; EA ACCIDENT $ EA ACC $ AOG OTHER THAN AUTO ONLY. EACH OCCURRENCE AGGREGATE WC STAT E,L EACH ACCIDENT E.L DISEASE 1. OA EMPLOYEE EL DISEASE POL ICY LIMIT CANCELLATION SHOULD ANY OP THE ABOVE DESCRIBED FOLIC ES E CANCEU-0) {SPORE THE EXPIRATION DATE DIEREOF, MBUINIE INSURER Y*LL ENDEAVOR TO MAIL 3° OM'S WRITTEN NOTICE TO me CERTIFICATE MOLDER wale* TO THE LEFT, RUT FAILURE TO DO $O MALL IMPOSE NO OBLIGATION OR LIABILITY OF AMY KIND UPON THE INSURER, ITS AGENTS OR REPREEENTATIVES. AUTHORISED REPRESENTATIVE UUf LL( LULU UJ. UJ JUJLJJ JIUU TOM GALLAGHER CIiIEP FINANCIAL OFFICER 1 I\lJ lel \4JW YLJ_ 1\4JLAJ,, I J 1 HIAI... UL STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW * * 04-03-2006 NON -CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual! listed below has elected to b• exempt from Florida Workers' Compensation Law. EFFECTIVE DATE: 02/07/2006 * * EXPIRATION DATE: N/A PERSON: HARDY KIMBERLY 5 FEIN: 6.51052965 BUSINESS NAME PRO GROUNDS PRODUCTS INC AND ADDRESS: 8863 S W 129TH TERRACE MIAMI FL 33178 SCOPES OF BU OR TRADE: INESS 1- DISTRIBUTORS/WHOLESALE IMPORTANT: Pursuant to Chspt•r 440. 05(14), F.S., an officer of a corporation who eIOcts exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. -QUESTIONS? (850) 41:3-15 DWC-252 CERTIFICATE OF .ELECTION TO BE .EXEMPT REVISED 01-04 PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE STATE OP FLORIDA DEPARTMENT OF FINANCIAL SMTVICEB DIVISION_OF %YORKERS'_ COMPENSATION NDN -CONSTRUCTION INDUSTRY CERTIFICATE or EXEMPTION FROM FLORIDA ViORKER5• COMPENSATION LAW EFFECTIVE; 02/07/2008 * * EXPIRATION DATE: N/A PERSON: KIMIIERLY .S HARDY FEIN: 851052065 BUSINESS NAME FRC GROUNDS PRODUCTSTS INCANI) ADDRESS' MIAMI, 'FL 3317e SCOPE OF BUSINESS OR TRADE: 1- D13TRIGUTOR5IWKQLESN.E F O D H R E IMPORTANT Pursuant to Chapter 440.05(14), F.S., .an officer of a corpor.tion who elects exemption from this chapter by filing .a certificate of election under this section may not recover benefits or compensation under this chapter. QUESTIONS? 1$50) 413-1809 CUT HERE Carry bottom portion on the job, keep upper portion for your reoords. NC -252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 01-04 Fd To: Marie -- City of Miami Beach Procurement Prom: Kim I - Re: Certificate of Exemption 6-orn Workers' Compensation Wt. Fax: OeGR UNds PROdUCTS INC. Auta....ard.1 ;.1) LM N Strom 5-8101 305435-5i es Toll Frei lob 131104854165 Ton From Pox: •554.555.511*P 786-394-4002 8/22/2008 Pages: 2 (Including cover sheet) For Review New Comment 0 Please Reply Cl Plane Recycle • Attaching the Certificate of Exemption from Workers' Compensation. Thank you. it • * t