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Miami Stagecraft Contract IM MIAMIBEACH ' 1(/1 Cab 4W CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For Purchase and Delivery of Stage Lighting for the Colony Theatre CONTRACT NO.: 12 -11/12 EFFECTIVE DATE(S): This Contract shall remain in effect from date of Contract execution by the Mayor and City Clerk, and until completion and acceptance by the City of project completion.. SUPERSEDES: N/A CONTRACTOR(S): Miami Stagecraft, Inc. ESTIMATED ANNUAL CONTRACT AMOUNT: $41,323.25 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on January 11, 2012 for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Contractor. B. EFFECT - This Contract is entered into for purchase and delivery of stage lighting for the Colony Theatre, pursuant to City Invitation to Bid No. 12 -11/12 and any addenda thereto (the ITB), 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 12- 11/12. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to Max Sklar, City of Miami Beach, Tourism and Cultural Development Director at 305 - 673 -7000 ext. 6616. 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. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor 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. 1 Certification of Contract 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, or services 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) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. 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 adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and /or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and /or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 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. 2 Certification of Contract 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 Gus Lopez, Procurement Director City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: Max Sklar, Tourism and Cultural Development Director City of Miami Beach Parking Department 1755 Meridian, Avenue, Ste. 500 Miami Beach, Florida 33139 For Contractor: Miami Stagecraft, Inc. 2855 E. 11 Av enue Hialeah, Florida 33013 Attn: J Steve Welsh, Vice President Phone: 305 - 836 -9356 Fax: 305 - 696 -3322 E -mail: info(a)miamistagec raft. com 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. 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. 3 Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and /or the Contract Documents shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and /or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB 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; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 Certification of Contract IN WITNESS WHEREOF the City %�ontractor have caused this Certification of Contract to be signed and attested on this day of Teb ae , 201 by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By By Preside t/ igna ayor 02 — /(o - 12- Print Name Date 1 131 1 i t Date ATTEST: ATTEST: Secretary/ Signature City Clerk Print Name Dat -10'r Date F: \PURC \$ALL \Cristina \BIDS \11 -12 \ITB 12 -11 -12 Purchase and Delivery of Stage Lighting for the Colony Theatre \Contract \ITB -12- 11 -12 Miami Stagecraft.doc APPROVED AS TO FORM & LANGUAGE FOR E TION Date 5 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Miami Stagecraft Inc. Pursuant To Invitation To Bid 12- 11/12, For Purchase And Delivery Of Stage Lighting For The Colony Theatre, In The Total Amount Of $41,323.25. Key Intended Outcome Supported: Maximize Miami Beach as a destination brand Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Strategic Plan, there were 33,317 attendees at the Colony Theatre which indicates a significant improvement from a few years before. Issue: Shall the City Commission Approve The Award of Contract? Item Summa /Recommendation: In light of deficiencies with the current stage lighting at the Colony Theatre, this project was added to the FY 2011/2012 Capital Projects Program list, and subsequently approved. On November 21, 2011, Invitation to Bid (ITB) No. 12 -11/12 was issued with an opening date of December 21, 2011. A Pre -bid conference to provide information to prospective bidders was held on December 7, 2011, and a site visit of the Colony Theatre was offered via addendum for December 10, 2011. BidNet issued bid notices to 47 prospective bidders. Additionally, the Procurement division notified 20 local contractors via e-mail, which resulted in the receipt of four (4) bids. An administrative review of the responsive bidders' qualifications, experience, capability, and performance evaluations was conducted. Based on the analysis of the four (4) responsive bids received, two of the three reviewers recommended the lowest bidder, Miami Stagecraft, Inc. based on surveys, price and experience in working with theatres such as the Adrienne Arsht Center, the Miami City Ballet, and the South Miami Dade Cultural Arts Center. A third reviewer recommended Barbizon Delta Corporation, the third lowest bidder, based on past performance and their ongoing technical support after completion of previous projects at the Colony Theatre. The Administration concluded that it would be in the best interest of the City to recommend the lowest bidder, Miami Stagecraft, Inc. The Administration recommends Approving the Award. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 $41,323.25 RDA City Center Projects No. 365 - 2057 - 000674 2 OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Gus Lopez, Director Ext # 6641 Sign-Offs: Department Director ssistant Ci Manager City Manager GL MS W JMG TAAGENDA\2012\1 -11-1 2\ITB 12 -11 -12 Stage Lighting for Colony Theatre - SUM.docx I I BEAC H AGENDA ITEM Ga 59 DATE !VflA/\/k1 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 of the ' Commission FROM: Jorge M. Gonzalez, City Manager DATE: January 11, 2012 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT TO MIAMI STAGECRAFT, INC., PURSUANT TO INVITATION TO BID (ITB) NO. 12- 11/12, FOR PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE, IN THE TOTAL AMOUNT OF $41,323.25. ADMINISTRATION RECOMMENDATION Approve the Award of the contract. KEY INTENDED OUTCOME Ensure well- maintained facilities FUNDING $41,323.25 from City Center RDA previously appropriated in FY 2011/12 Capital Budget. ANALYSIS The purpose of this bid was to establish a contract to furnish all labor, material, equipment, supervision and transportation necessary to supply and deliver stage lighting for the City of Miami Beach Colony Theatre, from a source of supply that will give prompt and efficient service. This Contract shall remain in effect from the time of award by the Mayor and City Commission until completion of delivery. This project was approved as part of the FY 2011/2012 Capital Budget Program, and is intended to address deficiencies in the current stage lighting at the Colony Theatre. BID PROCESS On November 21, 2011, Invitation to Bid (ITB) No. 12 -11/12 was issued with an opening date of December 21, 2011. A Pre -bid conference to provide information to prospective bidders was held on December 7, 2011, and a site visit of the Colony Theatre was offered via addendum for December 10, 2011. BidNet issued bid notices to 47 prospective bidders. Additionally, the Procurement division notified 20 local contractors via e-mail, which resulted in the receipt of four (4) bids from the following vendors: 1. Barbizon Lighting Company 2. Mainstage Theatrical Supply 3. Miami Stagecraft, Inc. 4. SECOA 60 Commission Memo ITB 12 -11/12 Purchase and Delivery of Stage Lighting for the Colony Theatre January 11, 2012 In determining the lowest and best bidder, the City utilized the "Best Value" Procurement process to select a contractor with the experience and qualifications; the ability; capability, and capacity; and proven past successful performance for the purchase and delivery of stage lighting. An administrative review of the responsive bidders' qualifications, experience, capability, and performance evaluations was conducted by the following individuals: • Max Sklar, Division Director, Tourism and Cultural Development Department; • Valentino Medina, Technical Director, Colony Theatre; and • Angelo Grande, Director of Operations, Miami Beach Convention Center. Based on the analysis of the four (4) responsive bids received, Mr. Max Sklar and Mr. Angelo Grande recommended the lowest bidder, Miami Stagecraft, Inc. based on surveys, price and experience in working with theatres such as the Adrienne Arsht Center, the Miami City Ballet, and the South Miami Dade Cultural Arts Center. Mr. Valentino Medina recommended Barbizon Delta Corporation, the third lowest bidder, based on past performance and their ongoing technical support after completion of previous projects at the Colony Theatre. The Administration concluded that it would be in the best interest of the City to recommend the lowest bidder, Miami Stagecraft, Inc. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission Award a Contract to Miami Stagecraft, Inc., pursuant to ITB No. 12- 11/12, for Purchase and Delivery of Stage Lighting for the Colony Theatre in the total amount of $41,323.25. TAAGENDA\2012 \1 -11 -12 \ITB 12 -11 -12 Stage Lighting for the Colony Theatre - MEMO.docx 2 61 THIS PAGE INTENTIONALLY LEFT BLANK 62 MIAMSEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305 - 673 -7496 Fax: 786 -394 -4000 December 16, 2011 RE: ADDENDUM NO. 3 TO INVITATION TO BID (ITB) NO. 12 -11/12 FOR PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE 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: I. BID FORM: Located on page 23 and 24 has been replaced with the attached Bid Form as Appendix "A ". Bidders must use the revised Bid Form to be deemed responsive. Bidder's Questions: Q1. On the Bid List line item #2 — There is a request for two 19" LCD Touch Screen Monitors, these monitors require DVI cables to operate, are we to include these DVI cables in this line item? Al. Yes, please see revised bid form "Appendix A" with added DVI. Q2. Line item #8 and #10 are both listing 15 Safety Cables — Are these duplicate or are there meant to be two sets of 15 of these items? A2. They are meant to be two (2) sets of 15 Safety Cables. Q3. Line item #15 is a listing for Colorado Batten 72 Tour fixtures — meant to be used to light the cyclorama. Six (6) Fixtures are for ground use, and six (6) fixtures are to be hung. Line item #16 (6 Mega Clamps) is assumed to be used to hang the six (6) lighting fixtures. However each fixture has two mounting points, if this is the case it would require twelve (12) Mega clamps. Do you want us to quote 6 or 12? A3. We want 12 Mega Clamps for the Colorado Batten 72 Tour, see revised line item #16 on the attached revised Bid Form, Appendix "A ". Q4. Are we also to include safety cables for the hanging batten fixtures (it would require six (6))? A4. No Q5. Line #22 states that we are to include all cables and hardware. Normally the remote video interface requires a monitor to operate. Are we to include a monitor and cables for this unit? Since the remote video interface supports touch screen interface, is this monitor to be a touch screen? And lastly, if a monitor is to be included, what screen size are we asked to bid? A5. Yes, include a 21 inch touch screen monitor and cables. Q6. Addendum #1 asks for pricing for training sessions and supervision services, but they are not listed on the bid form as a line item. Where do you want us to annotate this pricing? A6. Please see line item added to the enclosed, revised Bid Form, Appendix "A ". 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 Gus Lopez, CPPO Procurement Director APPENDIX "A" PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE ITB # 12 -11/12 REVISED BID FORM COMPANY NAME: We propose to furnish all labor, material, equipment, supervision and transportation necessary to supply and deliver stage lighting for the City of Miami Beach Colony Theatre. Item Description Quantity Unit Price Total ETC ION 2000 Control Console with (2) 2x20 Fader Wing with 1 dust cover 1 $ $ DVI -19" LCD Touch screen Monitor compatible with ETC 2 ION 2000 Control Console 2 $ $ 3 Monitor Dust Cover 2 $ $ 4 Console Workli ht 1 $ $ 5 Keyboard 1 $ $ 6 COLORado 2 Tour 15 $ $ 7 Black Mega Clam 15 $ $ 8 Safety Cables 15 $ $ 30 deg 48 pc lens plate (COLORado 2 and COLORado 9 2 Tour ) 15 $ $ 10 Safety Cables 15 $ $ 11 Installed 2P &G Connector 15 $ $ 10" DMX Cable (requires 5 pin to 12 connect to theatre DMX ) 15 $ $ 50" DMX Cable (requires 5 pin to 13 connect to theatre DMX ) 3 $ $ 14 DMX Terminator 3 $ $ 15 COLORado Batten 72 Tour 12 $ $ 16 Black Mega Clam 12 $ $r 17 Installed 2P &G Connector 12 $ $ 10" DMX Cable (requires 5 pin to 18 connect to theatre DMX ) 12 $ $ 50" DMX Cable (requires 5 pin to 19 connect to theatre DMX ) 2 $ $ 20 DMX Terminator 2 $ $ 21 ETC Radio Focus Remote 1 $ $ ETC Video Interface with all 22 cables and hardware 1 $ $ Subtotal $ One (1) day (maximum of 8 hours) of supervision provided by a technical representative from your company during the installation of 23 DMX cables at the Colony Theatre. $ One (1) day (maximum of 8 hours) of ION 2000 Control Console 24 1 training to be provided at the Colony Theatre to key personnel. $ Total Amount Guaranteed deliver in calendar days after receipt of order): calendar da s. 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: 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: Addendum No. 2: Insert Date Insert Date Addendum No. 3: Addendum No. 4: Insert Date Insert Date Addendum No. 5: Addendum No. 6: Insert Date Insert Date NAME/TITLE(Print): ADDRESS: CITY /STATE: ZIP: TELEPHONE NO: FACSIMILE NO: FEDERAL I.D. #: SIGNED: MIAMBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305 -673 -7496 Fax: 786 - 394 -4000 December 14, 2011 RE: ADDENDUM NO. 2 TO INVITATION TO BID (ITB) NO. 12 -11/12 FOR PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE 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: I. BID FORM: Located on page 23 and 24 has been replaced with the attached Bid Form as Appendix "A ". Bidders must use the revised Bid Form to be deemed responsive. Bidder's Questions: Q1. The five (5) copies on CD includes the entire bid package plus any other document? So we would have to Scan the pages once we complete and attached correct? Al. You must submit one (1) complete original and five (5) copies of the original. You must also submit a copy on CD. See page 22 of the bid documents for further information on what to include in your bid. Q2. I see that you're asking for dust cover for the monitors but not the main unit which is the ETC ION 2000 Control Console on line 1. Normally a dust cover is needed. A2. Please see attached revised Bid Form (Appendix "A "'). Revised Item No. 1 of the Bid Form, ETC ION 2000 should include dust cover. Q3. There is no model number specified for the 19" LCD Touch. Please note DVI input monitor is required for this unit due to the Spec on the console. A3. The touch screens are the recommended one for ETC ION 2000 Control Console. DVI to VGA adaptors are readily available, but DVI monitors are preferred. See attached Appendix "A ". Q4. Page count on bid package goes to 31 but shows 38? A4. Total number of pages is 31. Bidders are reminded to please acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. CITY OF MIAMI BEACH Z Gus Lopez, CPPO Procurement Director APPENDIX "A" PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE ITB # 12 -11/12 REVISED BID FORM COMPANY NAME: We propose to furnish all labor, material, equipment, supervision and transportation necessary to supply and deliver stage lighting for the City of Miami Beach Colony Theatre. Item Description Quantity Unit Price Total ETC ION 2000 Control Console with (2) 2x20 Fader Wing with 1 dust cover 1 $ $ DVI -19" LCD Touch screen Monitor compatible with ETC 2 ION 2000 Control Console 2 $ $ 3 Monitor Dust Cover 2 $ $ 4 Console Workli ht 1 $ $ 5 Keyboard 1 $ $ 6 COLORado 2 Tour 15 $ $ 7 Black Mega Clam 15 $ $ 8 Safety Cables 15 $ $ 30 deg 48 pc lens plate (COLORado 2 and COLORado 9 2 Tour ) 15 $ $ 10 Safety Cables 15 $ $ 11 Installed 2P &G Connector 15 $ $ 10" DMX Cable (requires 5 pin to 12 connect to theatre DMX ) 15 $ $ 50" DMX Cable (requires 5 pin to 13 connect to theatre DMX ) 3 $ $ 14 DMX Terminator 3 $ $ 15 COLORado Batten 72 Tour 12 $ $ 16 Black Mega Clam 6 $ $ 17 Installed 2P &G Connector 12 $ $ 10" DMX Cable (requires 5 pin to 18 connect to theatre DMX ) 12 $ $ 50" DMX Cable (requires 5 pin to 19 connect to theatre DMX ) 2 $ $ 20 DMX Terminator 2 $ $ 21 ETC Radio Focus Remote 1 $ $ ETC Video Interface with all 22 cables and hardware 1 $ $ Total Amount Guaranteed delivery in calendar days after receipt of order): calendar days. 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: 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: Addendum No. 2: Insert Date Insert Date Addendum No. 3: Addendum No. 4: Insert Date Insert Date Addendum No. 5: Addendum No. 6: Insert Date Insert Date NAME/TITLE(Print): ADDRESS: CITY /STATE: ZIP: TELEPHONE NO: FACSIMILE NO: FEDERAL I.D. #: SIGNED: IM 1 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305 -673 -7496 Fax: 786 - 394 -4000 December 8, 2011 RE: ADDENDUM NO. 1 TO INVITATION TO BID (ITB) NO. 12 -11/12 FOR PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE 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: I. ADD to Section 3.3, "SCOPE OF SERVICES" on page 21 of the bid documents has been modified to add the following subsection: 3.3.6 Pricing must include the following: • One (1) day (maximum of 8 hours) of supervision provided by a technical representative from your company during the installation of DMX cables at the Colony Theatre • One (1) day (maximum of 8 hours) of ION 2000 Control Console training to be provided at the Colony Theatre to key personnel. II. SITE VISITS - Bidders are welcome to conduct a site visit of the Colony Theatre on Saturday, December 10, 2011 at 12:00noon with the Technical Director, Valentino Medina. Please use the side door of the Theatre located on Lenox Avenue. The Colony Theatre is located at 1040 Lincoln Road, Miami Beach, FL 33139. Metered parking is available at the City P -lot #22 located on Lincoln Lane -South and Lenox Avenue, or City P -lot #25 Lincoln Lane -North and Lenox Avenue (west side). 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 Gus Lopez, CPPO Procurement Director INVITATION TO BID PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE ITB# 12-11/12 BID OPENING: DECEMBER 21, 2011 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov F: \PURC \$ALL \Cristina \BIDS \l 1 -12 \ITB 12-11-12 Purchase and Delivery of Stage Lighting for the Colony Theatre.doc w AM I B EAC H /­\tv"' 1 B EAC City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION PUBLIC NOTICE Tel: 305 -673- 7490, Fax: 786.394.4000 Invitation to Bid No. 12 -11112 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 December 21, 2011for: PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE 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 purchase and delivery of stage lighting for the Colony Theatre, 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 three (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 five (5) separate references that represent the provision of related items. A Pre -bid conference will be held on December 7, 2011 at 11:00 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- 877 - 953 -3061 (Toll -free North America) (2) Enter the MEETING NUMBER: 8982915# (note that number is followed by the pound ( #) key). The City of Miami Beach utilizes BidNet for automatic notification of bid opportunities and document fulfillment. This system allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: http: / /www.govbids.com /scripts /panhandle /public /homel.asp ?utm medium = referral &utm source =M IA28FL &utm campaign =web site If you do not have Internet access, please call the BidNet support group at 800 - 677 -1997 extension # 214. Interested bidders who would like to know particulars of this and other bids for the City of Miami Beach should view the City's Procurement Division's web page at 11/21/2011 2 of 38 City of Miami Beach ITB -12- I 1 / 12 http: / /web. miamibeachfl.gov/ procurement /scroll. aspx ?id= 23510 Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by e- mail to cdelvat @miamibeachfl.gov with a copy to guslopez(a)miamibeachfl.gov and City Clerk's Office RobertParcher(c _ miamibeachfl.gov mail, or facsimile, to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139 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 proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE FOLLOWING ORDINANCES /RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http: / /web.miamibeachfl.gov/ procurement /scroll.aspx ?id =23510 • 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 • CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003 -3389. Sincerely, Gus Lopez, CPPO Procurement Director 11/21/2011 3 of 38 City of Miami Beach ITB -12 -11/12 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673 -7490, Fax: 786.394.4000 NOTICE TO PROSPECTIVE BIDDERS ITS 12-11/12 NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND /OR INDICATED: _Not responding due to workload issues. _Not responding due to minimum experience requirements. _Not responding due to specifications /scope of services. _Not responding due to timely payment issues _OTHER. (Please specify) We do — do not _ want to be retained on your mailing list for future bids for the type or product and /or service. Signature: Title: Company: Note: Failure to respond, either by submitting a bid or this completed form, may result in your company being removed from the City's bid list. 11/21/2011 4 of 38 City of Miami Beach ITB -12 -11/12 PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE ITB # 12 -11/12 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: An original and five (5) copies of the Bid Form plus a CD containing your Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified herein 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 no later than 3:00 p.m. on December 21, 2011, at the following address: City of Miami Beach City Hall Procurement Division -- Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 No facsimile, electronic, or e- mailed bids will be considered. The responsibility for submitting a response to this ITB to the Procurement Division on or before the stated time and date will be solely and strictly that of the Bidder. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Responses received after the ITB due date and time will not be accepted and will not be considered. ANY BID RECEIVED AFTER 3:00 P.M. ON DECEMBER 21, 2011 WILL BE RETURNED TO THE BIDDER UNOPENED. BIDS RECEIVED AFTER THE BID DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall because 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 11/21/2011 5 of 38 City of Miami Beach ITB -12 -11/12 stated in special conditions). Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 04- 00097- 09 -23. 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re- examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number 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. 1.11 NON - CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications, may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and /or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of 11/21/2011 6 of 38 City of Miami Beach ITB -12 -1 ]/12 these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.12 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 1.13 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 1.14 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. E -mail Cdelvat _miamibeachfl.gov with a copy to GusLopez(a)-miamibeacfl.gov 1.15 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be returned, unopened. 1.16 INSPECTION, ACCEPTANCE & 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. 11/21/2011 7 of38 City of Miami Beach ►TB -12 -1 1 /12 1.20 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.21 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.22 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.23 ANTI - DISCRIMINATION: The bidder certifies that he /she is in compliance with the non - discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.24 AMERICAN WITH DISABILITIES ACT: To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and /or any accommodation to review any document or participate in any city- sponsored proceeding, please contact 305 - 604 -2489 (voice), 305- 673 -7524 (fax) or 305 - 673 -7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 1.25 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 1.26 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 duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami -Dade County and City of Miami Beach municipal code requirements as well as the Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.27 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. After acceptance of bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in 11/21/2011 8 of 38 City of Miami Beach ITB -12 -I I/12 Special Conditions. 1.28 DEFAULT: Failure or refusal of a bidderto execute a contract upon award, orwithdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list. 1.29 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.30 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted 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 11/2112011 9 of 38 City of Miami Beach ITB- 12-11/12 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 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. 11/21/2011 10 of 38 City of Miami Beach ITB -12 -1 1 / 12 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. 1.39 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. 1.40 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.41 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. 1.42 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be a Spot Market Purchased may be purchased by other methods, i.e. Federal, State or local contracts. 1.43 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.44 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.45 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and /or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.46 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or bid for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or bids. Related parties mean bidders 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 11/21/2011 11 of 38 City of Miami Beach ITB -12 -11/12 direct or indirect ownership interest in another bidder or proposer for the same contract. 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 11 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 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. 1.52 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.53 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 11/21/2011 12 of 38 City of Miami Beach ITB -12 -11/12 the requirements stated in their Bid. 1.54 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. 1.55 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. 1.56 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. 1.57 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. 1.58 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 letters of withdrawal received after contract award will not be considered. 11/21/2011 13 of 38 City of Miami Beach ITB -12 -11/12 1.59 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 requirements, you must notify the Procurement Office in writing t least five days prior to the deadline for submission of bids. The Ci 9 5 () Y P ty reserves the right to revise the scope of services via addendum prior to the deadline for receipt of bids. 1.60 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Automobile Liability Insurance including Property Damage covering all owned, non -owned or hired automobiles and equipment used in connection with the work. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B +:VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self- insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a 11/21/2011 14 of 38 City of Miami Beach ITB -12 -11/12 municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract ". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. 11/21/2011 15 of 38 City of Miami Beach ITB -12 -11/12 PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE ITB # 12 -11/12 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. XXX 8. Best's guide rating B +:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements *kleninig. atio a that evidence of this insurance may be required within five (5) days Mi ami Stagecraft Inc. J. B Steve Welsh �9 r of Bid 11/21/2011 City of Miami Beach 16 of 38 ITB -12 -11/12 PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE ITB # 12 -11/12 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, for the purchase and delivery of stage lighting for the Colony Theatre as specified herein, from a source(s) of supply that will give prompt and efficient service. 2.2 TERM OF CONTRACT: This Contract shall remain in effect from the time of award by the Mayor and City Commission until completion of delivery. 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. It shall be the sole prerogative of the City as the total amount of awarded vendors on this contract. 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. 2.7 PRE -BID CONFERENCE: A Pre -bid conference will be held on December 7, 2011at 11:00 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- 877 - 953 -3061 (Toll -free North America) (2) Enterthe MEETING NUMBER: 8982915# (note that number is followed by the pound ( #) key). 11/21/2011 17 of 38 City of Miami Beach ITB -12 -11/12 2.8 SITE INSPECTION: N/A 2.9 CONTACT PERSON: The contact person for this Invitation to Bid is Cristina Delvat. The contact person may be reached by phone: 305.673.7496; fax: 786.394.4000; or e-mail: cdelvat @miamibeachfl.gov 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 ( robertparcher Cac- miamibeachfl.gov and Gus Lopez ( auslopez a.miamibeachfl.gov 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 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 one (1) year, 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 11/21/2011 18 of 38 City of Miami Beach ITB -12 -11 /12 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. 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 the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; and is regularly engaged in providing this type of commodities. The evidence will consist of listing of work that has been provided to public and private sector clients, i.e. nature of WORK within the last five (5) 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. 11/21/2011 19 of 38 City of Miami Beach ITB -12 -11/12 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, FIVE (5) COPIES AND CD 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 quality, 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 quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid as equal. 2.27 USAGE REPORTS: The City may request Annual Usage Reports from successful bidder(s), to include: item number, item description, quantity ordered /supplied, 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 specified in this contract from Miami Dade County or State Contract Vendors should it be determined that it is in the City's best interest. 2.29 CUSTOMER SERVICE: Excellent customer service is the standard of the City of Miami Beach. As contract employees of the City, all employees will be required to adhere to the City's "Service Excellence" standards and expected to conduct themselves in a professional, courteous and ethical manner in all situations. The successful bidder's employees must work as a cooperative team 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. 11/21/2011 20 of 38 City of Miami Beach ITB -12 -11/12 PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE ITB # 12 -11/12 3.0 MINIMUM SPECIFICATIONS 3.1 GENERAL The purpose of this bid is to establish a contract, by means of sealed bids, for the purchase and delivery of stage lighting for the Colony Theatre of the City of Miami Beach. 3.2. MATERIALS All materials supplied to the Colony Theatre of the City of Miami Beach under this contract shall meet the requirements of OSHA. 3.3. SCOPE OF SERVICES Successful bidder(s) will be required to supply and deliver stage lighting for the Colony Theatre of the City of Miami Beach. 3.3.1 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. 3.3.2 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. 3.3.3 Minimum order requirements, if any shall be indicated in the Bid Form. 3.3.5 Invoices and packing slips shall include adequate information including: name, location, full item description, unit prices, receiving signature, quantities and date delivered. 11/21/2011 21 of 38 City of Miami Beach ITB -12 -11/12 PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE ITB # 12 -11/12 4.0 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 cost information after deadline for receipt of Bids. 1. Table of Contents Outline in sequential order the major areas of the Bid, including enclosures. 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) 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. C) 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 Cristina Delvat, at (Fax) 786.394.4000 or (e -mail) cdelvat(a and a copy to Gus Lopez, at (Fax) 786- 394 -4007 or (e -mail) guslopez .miamibeachfl.gov The City will not accept Client Surveys sent to the Procurement Division from the office of the Bidder. Surveys must be sent to the Procurement Division directly from your client's office(s). Bidders are responsible for making sure their clients return the Performance Evaluation Surreys 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. d) Cost Information: Bid Form (Pages 1 -4) must be submitted with bid. 3. Any other Documents Required by this ITB or any subsequent Addendum, including: Bid Form Customer Reference Listing Contractor's Questionnaire 11/21/2011 22 of 38 City of Miami Beach ITB-12-11/12 APPENDIX "A" PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE ITB # 12 -11112 REVISED BID FORM COMPANY NAME: Miami Stagecraft Inc. We propose to furnish all labor, material, equipment, supervision and transportation necessary to supply and deliver stage lighting for the City of Miami Beach Colony Theatre. Item Description Quantity Unit Price Total ETC ION 2000 Control Console with (2) 2x20 Fader Wing with 10,900.00 10,900.00 1 dust cover 1 $ $ DVI-19" LCD Touch screen Monitor compatible with ETC 2 ION 2000 Control Console 2 $ 1,040.00 '$ 2,080.00 3 Monitor Dust Cover 2 $ 10.00 $ 2 0.0 0 4 Console Workli ht 1 $ 40.00 $ 4 0.0 0 5 Keyboard 1 $ 0.00 $ 0.00 6 COLORado 2 Tour 15 $ 890.00 $13,350.00 7 Black Mega Clam 15 $ 8.75 $ 1 31 .25 8 Safety Cables 15 $ 3.00 $ 45.00 30 deg 48 pc lens plate (COLORado 2 and COLORado $ 60.00 $ 900.00 9 2 Tour 15 10 Safety Cables 15 $ 3.00 $ 45.00 11 Installed 2P &G Connector 15 $ 10.00 $ 150.00 10" DMX Cable (requires 5 pin to 12 connect to theatre DMX ) 15 $ 21 .00 $ 31 5.0 0 50" DMX Cable (requires 5 pin to $ 40.00 $ 120.00 13 connect to theatre DMX 3 14 DMX Terminator 3 $ 10.00 $ 30.00 15 COLORado Batten 72 Tour 12 $ 610.00 $ 7320.00 16 Black Mega Clam 12 $ 8.75 $ 105.00 17 Installed 2P &G Connector 12 $ 10.00 $ 1 2 0. 0 0 10" DMX Cable (requires 5 pin to 18 connect to theatre DMX ) 12 $ 21 .00 $ 252: 00 50" DMX Cable (requires 5 pin to 19 connect to theatre DMX ) 2 $ 40.00 $ 80.00 20 DMX Terminator 2 $ 10.00 $ 20.00 21 ETC Radio Focus Remote 1 $ 1760.00 $ 1 7 6 0.0 0 ETC Video Interface with all 22 cables and hardware 1 $ 3140.00 $3140.00 Subtotal $ 40,923.25 One (1) day (maximum of 8 hours) of supervision provided by a technical representative from your company during the installation of 400.00 23 DMX cables at the Colony Theatre. $ One (1) day (maximum of 8 hours) of ION 2000 Control Console 0.00 Include with 24 1 training to be provided at the Colony Theatre to key personnel. $ console Total Amount $41,323.25 Guaranteed delivery in calendar days after receipt of order): 14 — 2 1 calendar days. 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: Miami Stagecraft Inc J Steve Welsh COMPANY NAME: Miami Stclgecraf t Inc. SIGNED: (1 cert ify at I 4 am a orized t ecute this bid an comm' the bidding firm) Bidders must acknowledg receipt of addendum (if applicable). Addendum No. 1: 1218/11_ Addendum No. 2: 12 /14 / 1 1 Insert Date Insert Date Addendum No. 3: 12/16/11 Addendum No. 4: Insert Date Insert Date Addendum No. 5: Addendum No. 6: Insert Date Insert Date NAME/TITLE(Print): J Steve Welsh VP ADDRESS: 2855 E 11th Ave. Hialeah FL 33013 CITY /STATE: Hialeah FL Zip 33013 TELEPHONE NO: 305 836 9356 FACSIMILE NO: 3 696 3322 FEDERAL I.D. #: 59-1364746 SIGNED: PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE ITB # 12 -11/12 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 (5) copies and one CD 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 Declaration: Non - discrimination in Contrats and Benefits N/A Past Performance Client Survey Information (sent to clients) X 11/21/2011 25 of 38 City of Miami Beach ITB -12 -11/12 PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE ITB # 12.11/12 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 Adrian Arsht Center for the perfor Address 1300 Biscayne Blvd Miami FL 33132 Contact Person /Contract Amount Daniel Al zuri $110,000.00 Telephone No. 305 786 4 2302 Fax No. E -mail dalzuri @arshtcenter.org 2) Company Name South Miami Dade County Performing Arts Address 10950 SW 211th Street Cutler Bay FL 33189 Contact Person /Contract Amount Joyce Fleming 300, 000.00 Telephone N0 573 5316 Fax No. E -mail fl eming @miamidade.gov 3) Company Name Palm Beach Dramawork_ Address 201 Clematis Street WPB FL 33401 Contact Person /Contract Amount Michael Amico $50,000.00 Telephone No. 5 1 4 40 42 Fax No. E -mail michael@palmbeachdramaworks.org 11/21/2011 26 of 38 City of Miami Beach ITB -12 -11/12 PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE ITl3 # 12-11/12 CUSTOMER REFERENCE LISTING (CONTD.) 4) Company Name Peerson Audio Address 1235 Parklane South Jupite F L 3 Contact Person /Contract Amount Gtee" cog e� $150,000-00 Telephone No. 561 741 8720 Fax No. E -mail scooper @peersonaudio.com 5) Company Name Miami City Ballet Address 2200 Liberty Ave. Miami Beach FL 3 3139 Contact Person /Contract Amount John Hall $100,000.00 (co mbined) Telephone No. 305 929 7000 Fax No. E -mail ishall@bellsouth.net 6) Company Name Address Contact Person /Contract Amount Telephone No. Fax No. E -mail 11/21/2011 City of Miami Beach 27 of 38 ITB -12 -11/12 PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE ITB # 12 -11/12 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. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By Mainstage Theatrical Supply INC. Principal Office 129 W Pittsburgh, Milwaukee, WI. 53204 How many years has your organization been in business under your present business name? 30 Does your organization have current occupational licenses entitling it to do the work/service contemplated in this Contract? Yes Please state license(s) type and number: Miami -Dade county Business License # 60 7224 -3 Include copies of above licenses and certificates with bid. Have you ever had a contract terminated due to failure to comply with contractual specifications? No If so, where and why? In what other lines of business are you financially interested or engaged? none Give references as to experience, ability, and financial standing References listed above 11/21=11 City of Miami Beach 28 of 38 ITB -12 -11/12 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. Dean Ster Craig Sternke b. Individuals or entities (including our sub - consultants) with a controlling financial interest: have x 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. * �`aett t irtrr,��� I HEREBY C IFY th t he a 1 rue and correct. M . Y Iwo r d 198 e t 6 e (S�A`s�'t} S�� �� 11121/2011 City of Miami Beech 29 of 1713 -12 -11112 12 PURCHASE AND DELIVERY OF STAGE LIGHTING FOR THE COLONY THEATRE ITB # 12 -11/12 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. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: B Miami Stagecraft Inc. Principal Office 2855 E 11 th Ave Hialeah FL 33013 How many years has your organization been in business under your present business name? 40 years Does your organization have current occupational licenses entitling it to do the work/service contemplated in this Contract? Yes Please state license(s) type and number: Miami Dade County 075314-6 Include copies of above licenses and certificates with bid. Have you ever had a contract terminated due to failure to comply with contractual specifications? No If so, where and why? In what other lines of business are you financially interested or engaged? None Give references as to experience, ability, and financial standing SEE REFERENCE SECTION 11/21/2011 28 of 38 City of Miami Beach ITB -12 -11/12 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. b. Individuals or entities (including our sub - consultants) with a controlling financial interest: have XX 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 ab wers are u a d correct. J. Steve Welsh (SEAL) (SEAL) 11/21/2011 29 of 38 City of Miami Beach ITB -12 -11 / 12 /01AMBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 , Fax: 786.394.4000 November 21, 2011 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 purchase and delivery of stage lighting for the Colony Theatre. The information will be used to assist City of Miami Beach in the procurement of stage lighting for the Colony Theatre. 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 Cristina Delvat by December 21, 2011 at 3:00 p.m. by fax: 786.394.4000; or e-mail Cdelvat @miamibeachfl.gov Thank you for your time and effort. Gus Lopez, CPPO Procurement Director 11/21/2011 30 of 38 City of Miami Beach ITB -12 -11/12 MAMSEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490, Fax: 786.394.4000 PERFORMANCE EVALUATION SURVEY Company being Evaluated: Point of Contact: 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 Ability to maintain delivery schedule (on -time / conforming 1 to regulated delivery hours or early) (1 -10) 2 Professionalism of delivery services (1 -10) 3 Condition of products at delivery (1 -10) 4 Quality of Products (1 -10) Overall customer satisfaction based on performance and 5 quality of products (comfort level in hiring vendor again) (1 -10) Overall Comments: Date of Services: Dollar Amount for Services: Referral Provided by (Name and Title): Company Name: Contact Phone and e-mail: Please return this questionnaire to Cristina Delvat via Fax: 786.394.4000 or E -mail: Cdelvat(cDmiamibeachfl.aov by December 21, 2011. 11/21/2011 City of Miami Beach 3 ] of 38 ITB -12 -1 1/12 MIAMI STAGECRAFT INC. ITB 12 -11/12 TO: FROM: Purchasing Steve Welsh COMPANY: DATE: City of Miami Beach DECEMBER 15, 11 FAX NUMBER: PAGES: Page 1 of 1 PHONE NUMBER: SENDER'S REFERENCE NUMBER: Miami stagecraft is a full service theatrical equipment dealer doing business since 1971. We have extensive factory training on service and support for the equipment specified in this ITB. Miami Stagecraft is proud to be a factory authorized Electronic Tbeatre Controls service center for over 20 years. Miami Stagecraft uses ETCP certified technicians in key positions. 2855 EAST 11TH AVENUE HIALEAH, FLORIDA 33013 PHONE:305- 836 -9356 F.AX:305- 696 -3322. k.; EMrAIL:info @miamistagecraEt.com r R i OcAL Bt?SINESS FAX R ST- ECEIPT 2037 t CLASS ilAfAlUlt DATIE COUNTY 2011 FI TAX CDLL CTOR MtAN{I BADE COUNTY STATE OF FLORIDA 1 O S. PAID 440tW F[ AGLERT7GPIRESSEPT 3U; 203 L y1s[ F[ OOR t ` iuTUST 8E DISPLv4d�QLAT PLYaCE OF $AlSINFSS . i I t Mi F IylfXkili9l 33'i30 PifRSURAIi' `i.[7�COUNTY CdDE CIi�IPTER $R 'AF3T 9 �'ID �` �� .' PERMIT NO, 231 a; THIS IS NOT A BILL—! DD NOT PAY RENEWAL. 607224 - 3 b33433. -8. MM RECEIPT ND. BuI pij�SA� L4 f u HARICAL SUPPLY INC DOING BUS IN DADE CO . OWNER MAINSTAGE THEATRICAL SUPPLY, INC. EMPLOYEE /S Sec. T e t 6u es 3 Z2� TAN I �BE PERSONAL .PROP:DLR THIS IS ONLY A LOCAL • . BUSINESS TAX RECEIPT. R . . . GOES NOT PERMIT THE FXl NSN Q REGULATORY OR ZONING LAWS OF THE DD NOT FORWARD COUNTY OR ctmG. NOR DOES IT EXEMPT THE HOLDER FROM ANY O THER MAINSTAGE THEATRICAL SUPPLY I NC PERMIT OR LICENSE CRAIG R STERNKE PRES REaOIRED BY LAW. THIS IS NOT A CERTIFICATION OF 8761 -A ELY RD THE HOLDER'S DuwuFlcA- PENSACOLA FL 32514 PAYMEHT RECEIVED MIAN4OAOE COUNTY TAX cOLLECTOR 08/11/2011 02240006001 000075.0© 11, ii, 1liIlIL1, I, 11 1LJ I111111f 1L11J iI111JIi1111111, 11 4011 I SEE OTHER SIDE FIRST -CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 075314 -6 THIS IS NOT A BILL — DO NOT PAY BUSINESS NAME LOCATION RENEWAL MIAMI STAGECRAFT INC RECEIPT NO. 075314 -6 2855 E 11 AVE 33013 HIALEAH OWNER MIAMI STAGECRAFT INC TM M Sec. Type of Business EMPLOYEE /S 20 06 e M /RECYCLING /PROCESSING mNm3 TAX RECEIPT. R 15 DOES NOT FERMrr THE „OLDER TO VIOLATE ANY E703TWG REGULATORY OR 'ZONMG LAMB OF THE DOES rr N. DO NOT FORWARD HOUM PERW FOR ANY OTHER NOT B *+� Of 2855 MIAM E S TA G ECR AFT INC ►ors". OUAURCA- HIALEAH FL 33013 TAX ' x/2011 6 0050000225 ftlu067.50 SEE OTHER SIDE SERVICE & REPAIRS Covered Region: Covered Region: United States United Kingdom & Republic of Ireland tech @chauvetlighting.com uktech@chouvetlighting.com 1- 800 - 762 -1084, Option 4 +44 (0)845 519 6805 5200 NW 108th Ave. Unit 1 C Sunrise, FL 33351 Brookhill Road Industrial Estate Pixton, Nottingham, UK, NG16 6NT To secure the best possible service, please follow these simple steps: • Register your product online http: / /www.chauvetlighting.com /warranty - registration/ (or fill out and return attached warranty card) as soon as possible. • E -mail or call the CHAUVET@ office in your region to request a return authorization number (RA #). For customers located outside of a CHAUVET@ covered region, please contact your local distributor. Do not send a product without first securing an RA #. Do not write the RA# directly on the box. You must write it on a removable sticker, i.e., a shipping label. • Units must be in the original packaging with all original accessories. Do not write anything on or alter in any way the original box. Any damage from inadequate packing or carrier mishandling is the sole responsibility of the sender. Double -box all returns. Place the original box in a larger box and surround it with suitable packing materials, such as styrofoam peanuts or foam. • All shipping charges must be prepaid by the sender. CHAUVET@ will, at its own expense, return the repaired product to the sender provided that the return address is within the 48 contiguous United States or United Kingdom and that the product is still under warranty (proof of purchase required *. Please see warranty details on back page). We will ship the best way, at our discretion. *CHAUVET@ only provides return shipment within the 48 contiguous United States and United Kingdom. Return shipment outside of these areas is the sole responsibility of the customer. PRODUCTS NOT UNDER WARRANTY: Please notify your CHAUVET@ service advisor that your product is no longer under warranty when you request your authorization number. Once the unit has been received, you will be contacted and advised of the cost of carrying out any repair unless the cost does not exceed $35.00 USD /;E20.00 GBP, in which case the repair will be performed without seeking your prior approval. Repaired unit(s) will be shipped back to you upon receipt of payment for all work performed and return freight charges. • Warranty on repairs: All repairs have a 60 -day warranty on replaced parts and repair labor valid from the date the repaired unit is delivered to the shipping agent for return to the customer. CHAUVET@ is not responsible for any loss or damage to additional items or accessories that are sent with returned products. We cannot be held responsible for delays in shipping. PLEASE NOTE that it is essential that defective products reach the address set out [over leaf) by the last day of the relevant warranty period at the latest. Late claims will not be considered. This warranty does not confer any rights other than those expressly set out in this warranty and in particular no credit notes will be issued. This warranty does not cover any claims for consequential loss or damage. ° o0 00 00 0: o: 00 00 ;oo •: 000,00. 0 op °O 0 op ° � opt oao o0p oop 0 O0 ° Op ° 0p ap pp0 Opp Opp Opp Revised 8.1.1 1 Thank you for purchasing a CHAUVETO product from an authorized CHAUVETO dealer. We take great pride in the quality, value, and performance of our products. Please follow the proper operation and maintenance procedures outlined in the accompanying technical documentation. Should you need further technical assistance, e-mail us at the address (on the reverse side) in your region. LIMITED WARRANTY FOR UNITED STATES, UNITED KINGDOM & REPUBLIC OF IRELAND A. Our warranty is limited to manufacturing defects in material and workmanship in products bought within the listed covered regions. The warranty is valid from the date of purchase by the original purchaser or date of manufacture* and for a period of: • 24 months for DMX- controllable lighting fixtures, video displays and DMX -51 2 controllers; • 12 months for non -DMX effect fixtures, trussing products, VIP gear bags, fog /haze machines, video switches /controllers and non - programmable controllers; • 6 months for laser diodes and batteries. PLEASE NOTE that it is essential that defective products reach the address set out on reverse side by the last day of the relevant warranty period at the latest. Late claims will not be considered. This limited warranty can be amended or changed by CHAUVETO at any time without notice. All warranty claims are judged under the terms of this limited warranty. There is no "grandfathering" of previous terms and conditions from the time of product purchase through the time of the claim. To view the most current warranty, visit www.chauvetlighting.com.* of manufacture will be used as the warranty period start date in cases where there is greater than a 1 2 -month difference between date of manufacture and date of purchase. EXAMPLE: A product purchased new in July 2011, but has a manufacture date of April 2010. In this case April 2010 will be used as the warranty period start date. B. Exclusions: a) Parts prone to normal wear and tear including lamps, fuses, brushes, contact rings, zippers, lamp sockets and belts. b) Damage or failure caused by abuse, misuse, faulty installation and operation, improper or inadequate maintenance, and any repair or guarantee on repairs not carried out by CHAUVETO are excluded from this warranty. This includes but is not limited to failure due to use outside of environmental parameters (IP rating) as specified by CHAUVETO. c) Accessories and /or peripheral equipment included with the product including but not limited to: carry cases, cords, batteries, clamps, lamps and brackets (unless otherwise specifically stated). For products purchased outside our covered regions: Please consult your local authorized CHAUVETO distributor as warranty policies vary from country to country. C. It is the original purchaser's responsibility to provide a dated proof of purchase. The warranty is not transferable. D. During the relevant warranty period CHAUVETO will, at its sole discretion, repair or exchange a defective product under warranty free of charge provided that: a) The product serial number has not been altered or removed; and b) The product has not been altered, serviced, or manipulated by anyone other than CHAUVETO except with prior written authorization of CHAUVETO. This warranty does not confer any rights other than those expressly set out in this warranty and in particular no credit notes will be issued. This warranty does not cover any claims for consequential loss or damage. E. All shipping charges must be pre -paid by the sender. CHAUVETO will, at its own expense, ship back the repaired product to the sender provided that the return address is within the 48 contiguous United States and United Kingdom *. We will ship the best way at our discretion. * CHAUVETO only provides return shipment within the 4B contiguous United States and United Kingdom. Return shipment outside of these areas is the sole responsibility of the customer. To secure your warranty coverage, register your product online http: / /www.chauvetlighting.com /warranty - registration/ (or fill out and return attached warranty card) as soon as possible. A copy of dated proof of purchase may be required to verify warranty eligibility. Products under warranty receive priority for repairs. ....................................................................................................... ............................... Please attach proof of purchase Date of Purchase Purchase Price Model Serial # Place of Purchase City /State /County Country CHAUVETO would like to keep you informed about CHAUVET' products and services that may be of interest to you. I would like to be kept informed by email of CHAUVET's products and services. El If you have any questions about CHAUVET' use of your information, you wish to let us know about changes to your personal details held by us, or if at any time you wish to stop receiving marketing information from us, please contact the data protection officer at the address given. El M ❑ F First Name Middle Initiol Last Name D.O.B. Sex Address Telephone # Primary use of Product City /County ❑ Mobile DJ ❑ Touring ❑ Event ❑ Club ❑ Stage /Theater ❑ Architectural E -mail ZIP /Postal Code ❑ Band ❑ Worship ❑ Other Warranty can also be filled out online at http: / /www.chouvetlighting.com To return via fax: US: 800 -544 -4898 UK & Ireland: +44 (0)1773 511 110 To return via mail: Refer to address on reverse side Revised 8.1.1 1 WARRANTY Electronic Theatre Controls, Inc. ( "ETC ") warrants to the original owner or retail customer ( "Customer ") that during the warranty period defined below ETC will repair or replace its products that are defective in materials or workmanship under normal use and service, subject to the terms of this limited warranty. The warranty period shall begin on the date of shipment of a portable system or on the date of energization of a permanently installed system. Please contact ETC for applicable product warranty periods. The controlling warranty, terms and conditions, and product warranty periods is available at the time of order acknowledgment, either by hard copy or by internet link. Warranty is limited to sixty (60) days from date of shipment for purchased of demo or loaner products. This Warranty does not cover any product or part of a product damaged by or subject to accident, negligence, alteration, abuse or misuse, or any accessories or parts not supplied by ETC. This Warranty shall not apply to any damage to any product or part of a product caused by or due to an act of God, any catastrophe resulting form earthquake, fire, flood, explosion or any other cause beyond the control of ETC. This warranty also does not cover "consumable" parts such as fuses, lamps, color media or components which may be warranted directly to the Customer by the original manufacturer. ETC's warranty does not extend to items not manufactured by ETC. Freight terms on warranty repairs are FOB ETC factory or designated repair facility. Collect shipments or freight allowances will not be accepted. ETC's sole responsibility under this warranty shall be to repair or replace at ETC's option such parts as shall be determined to be defective on ETC's inspection. Such repairs may be performed with re- worked or refurbished parts. ETC will not assume any responsibility for any labor expended or materials used to repair any equipment without ETC's prior written authorization. ETC SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL, GENERAL OR CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, TIME, PROFITS OR INCOME, OR ANY OTHER DAMAGES. The Customer's obligations during the warranty period under this warranty are to notify ETC within one week of any suspected defect and to return the goods prepaid to ETC at ETC's factory or authorized service center. The one week notice period does not apply to claims for shortage or damaged goods. THIS WARRANTY IS CONTINGENT ON THE CUSTOMER'S FULL AND TIMELY COMPLIANCE WITH: TERMS OF PAYMENT SET FORTH IN THE 'TERMS AND CONDITIONS;" This written warranty is intended as a complete and exclusive statement of the terms thereof. Prior dealings or trade usage shall not be relevant to modify, explain or vary this warranty. Acceptance of, or acquiescing in, a course of performance under this warranty shall not modify the meaning of this warranty even though either party has knowledge of the performance and a chance to object. United States, Latin American, and Canadian Dealers: ETC Manufactured products forwarded outside of the United States, Latin America and/or Canada will only be covered under this warranty if the international warranty provision is included with this statement. Please contact ETC to inquire about the international warranty provision. TERMS AND CONDITIONS The following terms and conditions, and those on the face hereof, shall control as to any order accepted by ETC, notwithstanding any terms and conditions that may be contained in any purchase order or other document of Customer, and ETC's acceptance of any order is expressly made conditional on Customer's assent to the following terms and conditions and those on the face hereof. Such terms and conditions will constitute the entire agreement between the parties as to any order and will supersede any prior understandings, agreements, representations, or warranties. Such terms and conditions will not be modified, added to, superseded or other -wise altered except by written document signed by the President of ETC, notwithstanding any terms and conditions contained in the purchase order or other document of Customer. ETC's commencement of performance and/or delivery shall not constitute a waiver of these terms and conditions or any acceptance of any terms and conditions contained in the Customer's order or other documents. Acceptance of any product or service by the Customer will be construed as acceptance of ETC's terms and conditions. Any dispute or questions of construction with respect to any order placed with ETC shall be governed by the laws of the State of Wisconsin. All prices are in the applicable currency list on the invoice. Freight terms are FOB ETC's factory or warehouse. Prices, models and specifications are subject to change without notice. Orders must be in writing. Phone orders will be accepted from established accounts when followed by written confirmation. The acceptance of any order does not imply conformance with plans and specifications unless the plans and specifications accompany the order and are accepted as binding by ETC. Equipment ordered which differs in any way from ETC's standard catalog items will require drawings approved in writing by the Customer. When drawings are approved, they shall take precedence over all other written or verbal instructions. Orders are effective only when accepted and acknowledged by the factory. Minimum order is $25.00 net, exclusive of freight. Price protection will be given on orders entered for immediate shipment and for project orders entered before the effective date of a price increase. All other orders will be billed at the current price at time of shipment. Quotations for custom products are valid for thirty (30) days. ETC will attempt to ship goods for delivery on or about the times requested by the customer, although time shall not be of the essence in this contract in this regard. ETC will attempt to follow Customer's written instructions as to mode and routing of shipments. In absence of such instructions, ETC shall have absolute discretion as to mode and routing of shipments, including express or parcel post for small shipments. ETC will prepay and bill freight on shipments unless specifically quoted otherwise or upon written instruction from the Customer. Where the Customer has requested expedited freight, the Customer will be responsible for the incurred additional charges. ETC shall not be liable for late delivery and /or inability to perform due to unforeseen circumstances or conditions, including ETC's inability to obtain supplies and raw materials, government regulations, labor stoppages, casualties, fire, floods, and other causes beyond ETC's control. When such circumstances or conditions have been remedied, ETC will make and Customer will accept delivery/performance. Equipment is shipped at the Customer's risk and our obligation to deliver equipment is discharged upon the equipment's delivery in good condition to the carrier. Shipments are FOB ETC's factory or warehouse. Unless specifically prohibited, partial shipments will be made. Federal, state and /or local taxes, duties and other charges are the responsibility of the Customer. Any changes in engineering drawings, specifications, or in other terms of manufacture, assembly or shipment, requested by Customer, must be in writing and approved by ETC. If any such (Mange by Customer causes an increase in the cost of, or in the time required for performance of, any part of the contract, then ETC shall make a reasonable adjustment to the price of the goods. If Customer cancels any portion of a Purchase Order prior to shipment, Customer shall be liable to ETC for a cancellation charge equal to ETC's actual costs incurred in connection with that portion of the Purchase Order that is cancelled, including, without limitation, labor and materials. Customer represents that it is not bankrupt or insolvent. ETC retains a security interest in the goods to secure payment of the purchase price and all other indebtedness now or hereafter owed by the Customer to ETC. At ETC's request, Customer will execute a financing statement or statements evidencing such security interest and will take any other action necessary to perfect the same. Payment terms are net 30 days after date of invoice unless otherwise stated on the sales acknowledgment or invoice. If ETC in good faith doubts Customers ability or willingness to pay, ETC may in its discretion complete its performance of this contract upon a cash in advance basis or make deliveries only upon a C.O.D. basis or file a UCC filing or suspend all or part of its performance here under. All payments are applied to the oldest outstanding invoice. Accounts over thirty (30) days are subject to a 1 112% (one and one -half percent) per month (or the highest rate permitted by law, whichever is less) late payment charge. ETC will have the option of withholding performance under any and all orders from the Customer if an invoice remains unpaid when due. All disputes otherwise unresolved between ETC and Customer shall be resolved in a court of competent jurisdiction in the location of ETC's offices, Dane County, Wisconsin. If suit or action is instituted by ETC to enforce payment or performance by the Customer, the Customer agrees to pay all reasonable costs and attorney's fees incurred by ETC. Claims for shortage or damaged goods must be made within ten (10) days of receipt by the Customer. Equipment will be carefully packed and delivered in good condition to the carrier. All claims for loss or damage in transit must be made by the consignee directly to the carrier. ETC will render every aid and assistance in the presentation and enforcement of such claims without waiver of our rights to have compliance with the terms of payment of our invoices. Equipment returned without ETC's written permission will not be accepted. Equipment returned for credit must be in accordance with ETC's established product return procedures. Equipment must be unused, in original cartons and in saleable condition, subject to ETC's quality control and test inspection. Restocking charges of $25.00 or 25% of invoice (whichever is greater) plus any repacking or reconditioning costs will be deducted from the credit. Returns for warranty work will be in accordance with ETC's established warranty procedures. In no case will permission be granted to return specially - modified or custom equipment, or merchandise invoiced more than six (6) months prior to date of Customers return request. No failure of ETC to insist upon or compel compliance by the Customer with any of these terms and conditions shall be construed as a waiver by ETC of its right to insist upon compliance. No waiver by ETC of any breach by Customer shall be effective unless in writing signed by the President of ETC, and no waiver by ETC of any breach by Customer shall be deemed a waiver of any other breach. If ETC shall fail to repair or replace defective goods within a reasonable time after they are returned to ETC, or if ETC shall wrongfully fail to make delivery or shall wrongfully repudiate this contract, then Customer shall be entitled to recover from ETC such part of the purchase price as has been paid by Customer to ETC. The remedy stated in the preceding sentence shall be Customer's exclusive remedy for any breach, non delivery, or repudiation by ETC or for any other liability of ETC to Customer. This exclusive remedy shall not be deemed to have failed its essential purpose so long as ETC is willing and able to repair or replace defective parts in the prescribed manner. ETC warrants its products for 2 years, with the warranty period as defined above, with the following exceptions in duration: Product FamiW warranty Duration Product Family Warranty Duration Smart Products 1 year Purchased Demo Equipment 60 days Unison Dimming 8 years for the DRIDRd rack (warranty excluding Unison control Purchased Loaner Equipment 60 days electronics) Software 90 days Mosaic 5 years Prodigy and Quicktouch Products 3 years ETC Product Repairs 120 days This is ETC's current warranty statement at the time of publication. This warranty statement is subject to change at any time without notice. The controlling warranty, as well as applicable ffimts and conditions are available at the time of order acknowledgement Cwpor. a HsaEquartns DO rsYha. v aC 3 - - )n C /." \btk Y.N Y3. 3561 :h JUS.4 ­1 6W VAI ytt6 a 60X S6 73si - r`.' tantlon UK t <ula V F s 1.i: Yt t /siit Rkl t ".mi' F ,,.IIK. k9 ,14 +0"J ff� fa; ,, bn 4iit,?�ttiih, ?G4Y! ?'t fib .6x s61 {e).li &76]aPai' �/' ... HnrskWA*M Vf .Ohl IWDSY +i.a16�'Ilpf eC!M �. Ov. v.r <i•49 j&r)4; dl W) tnt"9 nw IA' / ]Ora , Hong Kanq 1— faA' & 3fhyr: t Y 5^ Smun', Y it­? r4 N(sA. , KpMH+) afi; kaAY.% , w 11, krn 1 • +w .£51 ?79 S f u W Z 2N9i7315 Web.. w. M. c. H. a4�'M:`<.art.imr+d`o.,.E..Y :.. Fi NR.lxwnsn: Atarcnxi rim+uua YA wtt aal,a^.s G:tv< :>t'J+ =l. Rev. 09/01/2010 QSF 3.1.0.38 Delvat, Cristina From: Miami Stagecraft [info @miamistagecraft.com] Sent: Thursday, December 29, 2011 3:15 PM To: Delvat, Cristina Subject: RE: ITB 12 -11/12 Purchase and Delivery of Stage Lighting for the Colony Theatre Attachments: CHAUVET- Warranty Card_US_UK_Rev07.pdf; ETC - warranty - statement.pdf Cristina, In reply to your inquires below, attached are the manufacturer's warranty terms from ETC and Chauvet. As well as technical support from the manufacturers, we will be available for all local support after the completion of this project. Please let me know if you require more information regarding those topics. Miami Stagecraft is a full service theatrical equipment dealer doing business in South Florida since 1971. We have been involved with countless theatres, schools, and churches in the Dade /Broward area since our inception. We have extensive factory training on service and support for the equipment specified in this ITB. We are proud to be a factory authorized Electronic Theatre Controls service center for over 20 years. We also use ETCP certified technicians in key positions. Please let me know if any more information is needed. Sincerely, Andrew Martin Miami Stagecraft, Inc. 2855 East 11th Avenue Hialeah, FL 33013 V: 305.836.9356 F: 305.696.3322 info(cDmiamistagecraft.com - - - -- Original Message---- - From: Delvat, Cristina [ mailto :CDelvat @miamibeachfl.gov] Sent: Thursday, December 29, 2011 10:00 AM To: info @miamistagecraft.com Subject: ITB 12 -11/12 Purchase and Delivery of Stage Lighting for the Colony Theatre Good morning Andrew, Please provide us with further information for ITB #12- 11/12- Purchase and Delivery of Stage Lighting for the Colony Theatre, as it relates to the following: • Warranty • Technical support • General information on Miami Stagecraft, Inc. Thank you, Cristina Iv i l " I Cristina Delvat Contracts Compliance Specialist PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 TeL 305 - 673 -7496 / Fax: 786- 394 -4000/ cdelvat(a)miamibeachfl.gov 1 Delvat, Cristina From: Miami Stagecraft [info @miamistagecraft.com] Sent: Tuesday, December 27, 2011 1:22 PM To: Delvat, Cristina Subject: RE: ITB 12 -11/12 Stage Lighting for the Colony Theatre Attachments: ITB #12 -11 -12 - PG29.pdf Cristina, Attached is the information you requested. Please let me know if you need anything else. Regards, Andrew Martin Miami Stagecraft, Inc. 2855 East 11th Avenue Hialeah, FL 33013 V: 305.836.9356 F: 305.696.3322 info(cD-miamistagecraft.com - - - -- Original Message---- - From: Delvat, Cristina [ mailto :CDelvat @miamibeachfl.gov] Sent: Thursday, December 22, 20113:53 PM To: info @miamistagecraft.com Subject: ITB 12- 11/12 Stage Lighting for the Colony Theatre Good afternoon, After review of your bid received for ITB #12- 11/12, Purchase and Delivery of Stage Lighting for the Colony Theatre, it was found that further documentation is required. Please provide us with the following: • The names of individuals or entities (including your sub - consultants) with a controlling financial interest (ownership). See page 2, Vendor Campaign Contribution of the Bidder's Questionnaire and resubmit via email /fax. The aforementioned documentation must be received by December 27, 2011. Please contact me at the number or email listed below if you require further clarification. Thank you, ii1kti4/iiEC Cristina Delvat Contracts Compliance Specialist PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 TeL 305 - 673 -7496 / Fax: 786 - 394 -4000/ cdelvat(a)miamibeachfl.gov We are committed to providing excellent public service and safety to all who live. work and play in our vibrant, tropical, historic community. ` Think Green. Keep it on the screen. i