repost - Marie- ITB 2022-162-AY PreQual for Bonded Aggregate Services FINAL.pdf

ITB 2022-162-AY

BONDED AGGREGATE SERVICES

TABLE OF CONTENTS

SECTIONS:

0100 GENERAL INFORMATION & SCOPE OF WORK

APPENDICES:

APPENDIX A PREQUALIFICATION APPLICATION

APPENDIX B SPECIAL CONDITIONS

DEFINITIONS:

Bidder means any firm or individual submitting an application in response to this ITB. The term bidder may be used interchangeably with applicant and proposer.

Vendor means any firm or individual that has been pre-qualified to supply goods or services to the City.

SECTION 0100: GENERAL INFORMATION & SCOPE OF WORK

1. PURPOSE. The City of Miami Beach is seeking applications from qualified contractor(s) who wish to participate in a pre-qualification pool that will be used to provide bonded aggregate services to the City on an “as needed” basis as specified herein. Bonded aggregate requires a porous paving system designed to bind a selection of decorative aggregates or recycled materials that provide a bonded, attractive and porous surface for tree pit surrounds, sidewalks, walking paths, etc. Interested vendors may submit an application indicating their intent to become prequalified. All vendors who meet or exceed the criteria established in this solicitation shall be placed on a pre-qualification list that the City may access to obtain price quotations for bonded aggregate services.

The City utilizes Bidnet Direct (Government Bids Opportunities and RFP | BidNet Direct) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through Bidnet Direct must register immediately with Bidnet Direct to ensure it receives any addendum issued to this ITB. Failure to receive an addendum, or comply with an addendum requirement, may result in disqualification of application submitted.

To be considered for the pool of pre-qualified contractors, interested parties must submit a complete Bidder Pre-Qualification Application (Appendix A).

2. OVERVIEW OF PREQUALIFICATION PROCESS. The figure below is a general overview of the process that the City will utilize to award work pursuant to the prequalification process.

3. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below. The Bid title/number shall be referenced on all correspondence.

Procurement Contact: Telephone: Email:

Marie Duvivier 305-673-7490 x26695 marieduvivier@miamibeachfl.gov

The City Clerk is to be copied on all communications via e-mail at: RafaelGranado@miamibeachfl.gov;

or via facsimile: 786-394-4188.

4. APPROVAL OF PREQUALIFIED STATUS. Following the review of applications, the responsive, responsible applicant(s) meeting all terms and conditions of the ITB will be recommended for addition to the prequalified pool, as deemed in the best interest of the City, to the City Manager for his/her consideration.

PREQUALIFIED STATUS IS VALID FOR THREE (3) YEARS FROM DATE OF THE NOTICE OF

PREQUALIFICATION ISSUED BY THE CITY, OR AS OTHERWISE APPROVED BY THE CITY

MANAGER.

4.1 RENEWAL TERMS. The City Manager, at his/her sole discretion, may approve up to two (2), one (1) year renewal terms, providing that the required certification is still valid.

5. ADDITIONAL PREQUALIFIED FIRMS TO BE ADDED TO POOL. At any time, the City, through the approval of the City Manager, may accept applications and add additional firms to the list of prequalified firms.

6. AWARDING WORK. When the need for services arises all prequalified contractors that are in good standing may be invited to submit statements of work (SOW) and costs based on an Invitation to Quote (ITQ) issued by the City. Each SOW prepared by the contractor shall include a clear description of the work to be performed (with specific and timed deliverables) and the related costs by deliverable. The City will select the prequalified contractor that offers the best combination of services and cost, solely at the discretion of the City.

7. SERVICE DELIVERY EXPECTATIONS. The City places an emphasis on excellent customer service delivery and expects the prequalified bidder to provide the best possible customer service to any and all awarded projects throughout the term of the contract. The prequalified bidder’s project manager is responsible for monitoring the customer service provided to City by prequalified bidder’s staff, sales and support teams, and employing, as necessary, corrective measures, to ensure that the prequalified bidder will provide and maintain the highest quality of customer service possible during completion of the project(s). Project-specific deliverables and expectations shall be defined on a project-by-project basis, as specified in each ITQ.

8. VOLUME OF WORK TO BE RECEIVED BY BIDDER. No promise of work is given, or should be understood, as a result of a pre-qualification. The City reserves the right to purchase any goods and/or services awarded from any resulting agreement, or another governmental contract, or on an as-needed basis through the City’s spot market purchase provisions.

9. STANDARD TERMS AND CONDITIONS. The City’s Standard Terms and Conditions for Service Contracts (available at https://www.miamibeachfl.gov/city- hall/procurement/standard-terms-and-conditions/) are referenced and incorporated herein.

mailto:RafaelGranado@miamibeachfl.gov https://www.miamibeachfl.gov/city-%20hall/procurement/standard-terms-and-conditions/ https://www.miamibeachfl.gov/city-%20hall/procurement/standard-terms-and-conditions/

10. INSURANCE REQUIREMENT. The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract.

A. Worker’s Compensation for all employees of the provider as required by Florida Statute 440 and Employer’s Liability Insurance in an amount not less than $1,000,000.

B. Commercial General Liability on a comprehensive basis in an amount not less than

$1,000,000 combined single limit per occurrence, for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage.

C. Automobile Liability for all owned, non-owned and hired vehicles used in connection with this agreement, in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage.

D. Professional Liability Insurance in an amount not less than $1,000,000.

Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers’ Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor’s insurance.

Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services.

Waiver of Subrogation – Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.

Acceptability of Insurers – Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e.

FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida.

Verification of Coverage – Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

CERTIFICATE HOLDER MUST READ:

CITY OF MIAMI BEACH

c/o EXIGIS Insurance Compliance Services

P.O. Box 4668 – ECM #35050 New York, NY 10163-4668

Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at:

Certificates-miamibeach@riskworks.com

Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement.

11. BINDING AGREEMENT. By virtue of submitting an application for the City’s consideration, the bidder agrees that the application shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon approval of bidder’s prequalification status by City Manager or City Commission.

Further, bidder agrees that, upon approval of the bidder’s application by the City Manager or City Commission, a binding Agreement shall be established between the City and the approved contractor.

The Agreement shall be comprised of the following documents, and in the following order:

First, the Purchase Order issued by the City; then, Second, the signed Contractor Service Order; then, Third, the Invitation to Quote (ITQ) awarded to the vendor; then, Fourth the ITB, including all documents released in connection with the ITB, including all appendixes, whether included herein or released under separate cover.

In case of default on the part of the Successful Bidder, after said award, the City may take such action as it deems appropriate, including legal action, for damages or specific performance.

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mailto:Certificates-miamibeach@riskworks.com

APPENDIX A

Prequalification

Application

Pre-Qualification Pool for Bonded

Aggregate Services

PROCUREMENT DEPARTMENT

1755 Meridian Avenue, 3rd Floor

Miami Beach, Florida 33139

Prequalification Application & Instructions

Section 1, SUBMITTAL INSTRUCTIONS. The Prequalification Application will not be considered until it has been submitted completed and executed by a principal of the bidder. Incomplete applications cannot be processed. If requested information is not applicable, please indicate ''N/A'' or ''None. '' If answers to questions are lengthier than the spaces that are provided in the application, the answers may be provided on additional pages, which must be attached to the application. All requested documents must also be attached to the application. Failure to attach all requested documents will delay review and approval of the application.

Submit one (1) electronic copy of the application to Marie Duvivier at marieduvivier@miamibeachfl.gov.

The City reserves the right to request clarifications or additional information as deemed necessary to evaluate a bidder’s qualifications. When clarifications or additional information is requested by the City, bidder will have three (3) business days to provide, in full, all the requested information. Failure to provide the information within the prescribed time will delay the review process and may result in denial of prequalification.

Section 2, DEADLINE FOR SUBMITTAL. There is no deadline for the submittal of applications.

However, the initial review of applications shall take place 21 days after issuance of this ITB. Applications submitted after this date will be reviewed periodically on an on-going basis. The City will endeavor to complete the review of each application within 60 days of receipt.

Section 3. NON-RESPONSIVENESS Failure to submit the following requirements shall result in a determination of non-responsiveness. Non-responsive applications will not be considered.

1. Prequalification Application (Please refer to Section 1 above).

BID PROPOSAL. The Bid Proposal is to include the following:

• TAB 1 - Prequalification Application.

mailto:marieduvivier@miamibeachfl.gov

Part A – General Bidder Information.

FIRM NAME:

NO. OF YEARS IN BUSINESS:

NO. OF YEARS IN BUSINESS

LOCALLY:

NO. OF EMPLOYEES:

OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:

FIRM PRIMARY ADDRESS (HEADQUARTERS):

CITY:

STATE:

ZIP CODE:

TELEPHONE NO.:

TOLL FREE NO.:

FAX NO.:

FIRM LOCAL ADDRESS:

CITY:

STATE:

ZIP CODE:

PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:

ACCOUNT REP TELEPHONE NO.:

ACCOUNT REP TOLL FREE NO.:

ACCOUNT REP EMAIL:

FEDERAL TAX IDENTIFICATION NO.:

BIDDER IS:

_____CORPORATION / _____PARTNERSHIP / _____SOLE PROPRIETORSHIP / _____OTHER (If other, specify:________________________)

Part B – Operational & Management Information.

1. Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of the company, below. Submit additional names on a separate sheet if required.

Owner Ownership percentage Directorship/Office type

2. Provide three (3) clients for which the bidder has provided the referenced services in the last five (5) years.

Project Description of Work Project Reference Name:

Email:

Telephone:

Name:

Email:

Telephone:

Name:

Email:

Telephone:

3. Is the bidder currently barred by a governmental agency, from bidding as a prime or subcontractor?

YES NO

If yes, state debarment period and the reason(s) for debarment?

4. Has the bidder or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the last five (5) years?

If yes, why?

5. Is an affiliate of the bidder prequalified by the City of Miami Beach for any work?

If yes, state the name of the affiliate?

6. Is the bidder a parent, subsidiary, or holding company for another company?

If the answer is "yes," identify the company and type of relationship(s), below:

Company Type of affiliation (parent or subsidiary) Period of affiliation

7. Is an owner, director, officer, or agent of the bidder affiliated with another company?

If the answer is "yes," provide the following information for each individual and the affiliated company.

Individual´s name Affiliated company´s name Period of affiliation Type of affiliation (e.g.

officer, director, owner or employee)

8. Is the bidder currently the debtor in a bankruptcy case or file for bankruptcy during the last five (5) years?

If yes, explain and attach, as applicable, the relevant case and court documents, including (but not limited to): the original petition, including the case number and the date that the petition was filed;

a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued.

9. Has any owner, director, officer, or agent for the bidder, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within the past five (5) years?

If yes, explain and attach a copy of the discharge order, order confirming plan and if a Corporate Chapter 7 case, a copy of the notice of commencement.

10. Has any owner, director, officer, or agent of the bidder owned or managed a company under any other name in the last five (5) years?

If yes, explain.

11. Has the bidder been assessed or paid any fines on any contract during the past five (5) years, whether the project was publicly or privately owned?

12. Are there currently any liens, suits, or judgments of record pending against any owner, director, officer, or agent for the company that is related to the business activities of a business organization?

13. Has the bidder or any of its owners, officers, or partners ever been convicted (criminal) or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity?

14. Has the bidder or any of its owners, officers, or partners ever been convicted of any a federal or state crime?

15. Is any officer, director, employee or agent, or immediate family member (spouse, parent, sibling, and child) of any officer, director, employee or agent, an employee of the City of Miami Beach?

If yes, state name, title and share of ownership

Name Title Share (%) of Ownership

16. Has the bidder, or any officer, director, employee or agent, 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?

If yes, provide details.

17. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires bidders with more than 51 employees and City volume greater than $100,000 to provide “Equal Benefits” to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a bidder who works within the City limits of the City of Miami Beach, Florida; and the Contractor’s employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach.

A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?

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?

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 Company Provides for Employees with

Spouses

Company Provides for Employees with Domestic Partners

Company does not Provide Benefit

Health

Sick Leave

Family Medical Leave

Bereavement Leave

18. Moratorium on Travel to and the Purchase of Goods or Services from Mississippi. Pursuant to Resolution 2016- 29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in Mississippi. Are any of the products for which the bidder is seeking to be prequalified sourced in Mississippi?

If yes, which brands.

19. Suspension, Debarment, or Contract Cancellation. Has the bidder ever been debarred, suspended (or other legal violation), or had a contract cancelled due to non-performance by any public sector agency?

If yes, submit a statement detailing the reasons that led to action(s).

BIDDER AFFIDAVIT

The undersigned agrees that s/he: 1) is a principal of the bidder duly authorized to execute the foregoing Contractor Prequalification Certification Application, and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief; 2) s/ certifies that the application and supporting documents include all of the material information necessary to validate the status of the company for prequalification purposes; 3) s/ shall notify the Procurement Department within fifteen (15) days and provide a notarized statement whenever a change occurs in the ownership, management, or financial condition of the company. Further, any prequalified contractor, including its principal(s), director(s), and any affiliate, who is a party to any misrepresentation to obtain business or contracts with the City of Miami Beach shall be declared delinquent and have its certificate suspended or revoked and will be subject to debarment and any other penalties prescribed by law.

The undersigned affirms that the bidder agrees: 1) to complete and unconditional acceptance of the terms and conditions of this document, inclusive of attachments, exhibits and appendices; 2) that it has not colluded, nor will collude, with any other bidder; 3) that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; 4) that all responses, data and information contained in the bid are true and accurate.

Name:

Title (must be a principal of the bidder):

Signature:

Date:

APPENDIX B

Special Conditions

Pre-Qualification Pool for Bonded

Aggregate Services

PROCUREMENT DEPARTMENT

1755 Meridian Avenue, 3rd Floor

Miami Beach, Florida 33139

SECTION A – ROADMAP FOR PURCHASES.

1. AUTHORIZED PRE-QUALIFIED BIDDERS. Awarded bidders shall be deemed to be pre-qualified to participate in request for quotes to be initiated by City departments on an as needed basis.

2. QUOTES REQUESTED. When request for quotes are initiated, all prequalified vendors for the specific brand required shall be invited to quote a fixed price and delivery schedule. However, pre-qualified bidders that are not in compliance with any contract or delivery requirement or are otherwise deemed to be non-responsible (at the City’s sole discretion) may be barred from submitting quotes.

3. SELECTION FOLLOWING QUOTES. Quote(s) received will be evaluated by staff and at the City’s sole discretion the lowest and best bidder shall be awarded for the specific period or specific purchase.

In determining the lowest and best bidder, in addition to price, the following shall be considered:

1. the ability, capacity and skill of the bidder to perform the contract;

2. whether the bidder can perform the contract within the time specified, without delay or interference;

3. the character, integrity, reputation, judgment, experience and efficiency of the bidder;

4. the quality of performance of previous contracts or orders;

5. the previous and existing compliance by the bidder with laws and ordinances relating to the contract.

4. PURCHASE ORDER REQUIREMENT. A Purchase Order will be issued to the pre-qualified bidder selected in accordance with Sub-sections 2 and 3 above. No deliveries will be accepted prior to a Purchase Order being issued.

SECTION B – SPECIAL CONDITIONS.

1. METHOD OF PAYMENT. Prior to furnishing any goods to the City, the bidder must ensure that it has received a purchase order issued by the Procurement Department. Invoices for payment will be submitted upon receipt and acceptance of goods ordered via a purchase order. Without a purchase order, the bidder is taking a risk that it may not be paid for goods provided, or have payments delayed.

No down or partial down payments will be made. Invoices will be subject to verification and approval by the Contract Administrator, or his/her designated representative.

2. SHIPPING TERMS. Prices shall include prepaid freight by the bidder to City's premises, and shall be F.O.B. Destination. The successful bidder shall hold title to the goods until such time as they are delivered, installed and accepted by an authorized City representative.

3. DELIVERY REQUIREMENTS. The Bidder shall enclose a complete packing slip or delivery ticket with any item being delivered in conjunction with this solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available to the City’s authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered.

4. BACK ORDER ALLOWANCES. Subject to approval by City’s authorized representative.