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Neon Signs Solutions, Inc. 2014-160-ITB-SW .. CITY OF MIAMI BEACH 5/2.1bj CERTIFICATION OF CONTRACT TITLE: City Wide Signage Maintenance and Repair CONTRACT NO.: 2014-160-ITB-SW EFFECTIVE DATE(S): This Contract shall remain in effect for three (3) years from date of Contract execution by the Mayor and City Clerk, and may be renewed, at the sole discretion of the City, through its City Manager, for two (2) additional one (1) year term. SUPERSEDES: N/A CONTRACTOR(S): Neon Signs Solutions, Inc. (Group 1 and 2) ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on May 21, 2014, for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Contractor. B. EFFECT - This Contract is entered into to provide citywide signage maintenance and repair pursuant to City Invitation to Bid No. 2014-160 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 Department of Procurement Management 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 2014-160-ITB-SW. 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 City of Miami Beach, Anthony Kaniewski, Property Management Division Director, at 305-673-7000 ext. 2914. 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: Alex Denis, Procurement Director City of Miami Beach Department of Procurement Management 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Neon Signs Solutions, Inc. 631 West 27t Street Hialeah, Florida 33010 Attn: Jorge Idarraga, President Phone: 305-885-7400 Fax: 786-703-4969 E-mail: info Aneonsignsolutions.corn 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. J 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 and Contractor h ve caused this Certification of Contract to be signed and attested on this 0q day of 20j-�, by their respective duly authorized representatives. .I CONTRACTOR CITY OF MIAMI BEACH B By .. y ident/Signature ayor Print Name Date Oe O ;? Ot Date ATTEST: ATTEST: I i Secret , ignature City Clerk 1 I yi�oatic- A Zc It 2 l Print Name Date 10q Date i F:I PURC\$ALL\Solicitations\2014\2014-160-SW CITYWIDE SIGNAGE MAINTENANCE AND REPAIR\Contract\2014-160-ITS Signage.doc i APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION �I City Attorney Date 5 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Invitation To Bid (ITB) No. 2014-160 For City Wide Signage Maintenance And Repair. Key Intended Outcome Supported: Ensure Well-Maintained Facilities. Supporting Data(Surveys, Environmental Scan,etc.): NIA Issue: Shall the City Commission approve the award of Contract? Item Summa /Recommendation: The purpose of Invitation to Bid (ITB) No. 2014-160 is to establish a contract, by means of sealed bids, with a qualified firm(s)to provide: 1)the maintenance and repair of the"Welcome To Miami Beach"sign located at 41 st Street and Julia Tuttle Causeway;and 2)to pre-qualify contractors for maintenance and repair services for signage located throughout the City of Miami Beach.This contract is necessary-to make repairs to the"Welcome to Miami Beach sign which is visibly worn and damaged due to years of exposure to climate and traffic debris.As well as shorten the response time and improve the efficiency of the repair of all signage Citywide when the need arises. The contract(s)entered into with the successful bidder(s)shall remain in effect for three(3)years. ITB No. 2014-160 was issued on March 27, 2014,with a bid opening date of April 11,2014. The ITB resulted in the receipt;of five (5) responses from Acolite Claude United Sign Co., Inc., Baron-Sign Manufacturing, Eco Construction & Maintenance Management, Neon Signs, and USA Signs, Inc. After considering the review and recommendation of City staff,the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award a contract to Neon Signs,for Group 1:"Welcome to Miami Beach" Sign, as well as authorize that Acolite Claude United Sign Co., Inc., Baron Sign Manufacturing, Eco Construction & Maintenance Management, Neon Signs, and USA Signs Inc., be pre-qualified vendors for future work for Group 2: Citywide Signage Maintenance and Repair Pre-Qualified Contractors. RECOMMENDATION Based on the aforementioned, the Administration recommends that the Mayor and City Commission award a contract to Neon Signs, for Group 1: "Welcome to Miami Beach" Sign, as well as authorize that Acolite Claude United Sign Co., Inc.,Baron Sign Manufacturing, Eco Construction&Maintenance Management,Neon Signs,and USA Signs Inc., be pre-qualified vendors for Group 2: Citywide Signage Maintenance and Repair Pre-Qualified Contractors, for future work on an as needed basis. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: $50,000 Property Management Repairs & Maintenance Supplies. P 520-1720-000342 Total $50,000 Financial impact Summary: The annual cost associated with the maintenance and repair of the"Welcome To Miami Beach" sign located at 41st Street and Julia Tuttle Causeway; and 2) to pre-qualify contractors for maintenance and repair services for signage located throughout the City of Miami Beach is subject to funds availability approved through the City's budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services.Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Budget Office. City Clerk's Office Legislative Tracking: Alex Denis, Director Ext#6641 Si n-Offs: Deltartment Director A4djRft City Manager Ci na er AD ETC MT ;, JLM T:\AGEN 1201.41May1Procurementl TB 2014-160-SW City Wide Signage Maintenance and Repair SUMMARY. o 64 AGENDA ITEM G, L' MIAMIBEACH DATE 5'21-H MIAMI BEACH City of Miami Beach, 1700-Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfi.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City Co mission FROM: Jimmy L. Morales, City Manager DATE: May 21, 2014 SUBJECT: REQUEST FOR APPROVAL TO AWA A CONTRACT PURSUANT TO INVITATION TO BID (ITB)NO. 2014-160 FOR CITY WIDE SIGNAGE MAINTENANCE AND REPAIR. ADMINISTRATION RECOMMENDATION Approve the award of the contract. KEY INTENDED OUTCOME Ensure Well-Maintained Facilities. FUNDING The annual cost associated with City wide signage maintenance and repair is subject to funds availability approved through the annual budgeting process. Account information and availability of funds shall be verified and approved for each request prior to procuring the services. The funding and accounts noted below are the FY 2014 budget amounts approved by City Commission. Amount Account 1 $50,000 Property Management Repairs&Maintenance Supplies.520-1720-000342 Total $50,000.00 Should additional funding be required due to increased need of services, it will be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). BACKGROUND INFORMATION The purpose of Invitation to Bid (ITB) No. 2014-160 is to establish a contract, by means of sealed bids, with a qualified firm(s) to provide: 1) the maintenance and repair of the "Welcome To Miami Beach" sign located at 41 st Street and Julia Tuttle Causeway; and 2)to pre-qualify contractors for maintenance and repair services for signage located throughout the City of Miami Beach. This contract is necessary to make repairs to the"Welcome to Miami Beach"sign which is visibly worn and damaged due to years of exposure to climate and traffic debris.As well as shorten the response time and improve the efficiency of the repair of all signage Citywide when the need arises. The contract(s) entered into with the successful bidder(s) shall remain in effect for three (3) years. ITB PROCESS ITB No. 2014-160, was issued on March 27, 2014, with a bid opening date of April 11, 2014. No addenda were issued.The Department of Procurement Management issued bid notices to twenty- three (23) firms utilizing the Public Group and the Florida Purchasing Group website. Six (6) prospective bidders accessed the advertised solicitation. In addition, the Department of Procurement Management sent the ITB document to additional firms not registered with the Public Group via email. 65 Commission Memorandum ITB 2014-160 Citywide Signage Maintenance and Repair March 21, 2014 Page 12 The notices resulted in the receipt of five-(5) responses from Acolite Claude United Sign Co., Inc., Baron Sign Manufacturing, Eco Construction&Maintenance Management, Neon Signs,and USA Signs, Inc. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award for Group 1; and all responsive bidders will be recommended for award for Group 2.Veterans and local preferences were considered during the tabulation of the bids received. Neither veterans nor local preference was applicable to any of the bidders. In evaluating the bids received it has been determined that,for Group 1,the bid from Neon Signs is the lowest responsive, responsible bid. All vendors that submitted pricing for Group 2 were responsive and met the minimum requirements and,therefore, are considered as°pre-qualified"to quote for future work as the need may arise. In its due diligence, the Department of Procurement Management verified the following: • Minimum Requirements The ITB stated that bids will only be considered from firms that are regularly engaged in the business of providing goods and services for a minimum of three(3) years inclusive of at least one(1)governmental agency currently being serviced by the bidder and provide a contact name and phone number for verification. Acolite Claude United Sign Co., Inc. provided verifiable references from Miami-Dade County, Esserman International and City of Miami Beach. Baron Sign Manufacturing provided references from City of North Miami, Miami- Dade Aviation Department and CTR Systems Parking, Inc. Eco Construction &Maintenance Management provided verifiable references from Florida Department of Transportation, Channel Letter Networth, and UNO Restaurant, LLC. Neon Signs provided verifiable references from Port of Miami, Miami-Dade County Fire Department, and Broadway National. USA Signs provided verifiable references from Logistical Outsourcing, Inc., Mount Sinai Medical Center and City of Miami Beach. • Past Performance Neon Signs, the recommended bidder for Group 1, has more than fifteen (15) years of service with local businesses and also has offered signage manufacturing and installation services to many companies nationwide. In addition to electrical signage product line,they offer a wide and comprehensive line of non-electrical manufactured signs including full custom designed goods. Pricing tabulation is attached. After review of responses received, it is recommended that the lowest responsive, responsible bidder be awarded the contract for Group 1, "Welcome to Miami Beach" sign. • Neon Signs, as sole awarded vendor for Group 1: "Welcome to Miami Beach" Sign. Also, after review of responses received, it is recommended that all firms that submitted responsive 66 Commission Memorandum iTB 2014-160 Citywide Signage Maintenance and Repair March 21, 2014 Page 13 bids for Group 2,Citywide Signage Maintenance and Repair Pre-Qualified Contractors be awarded the contract as pre-qualified vendors for future work. • Acolite Claude United Sign Co., Inc., Baron Sign Manufacturing, Eco Construction & Maintenance Management, Neon Signs, and USA Signs Inc., all awarded as pre-qualified vendors for Group 2:Citywide Signage Maintenance and Repair Pre-Qualified Contractors. CITY MANAGER'S REVIEW After considering the review and recommendation of City staff,the City Manager exercised his due diligence and is recommending to the Mayor and the City Commission to award a contract to Neon Signs,for Group 1:"Welcome to Miami Beach"Sign,as well as authorize that Acolite Claude United Sign Co., Inc., Baron Sign Manufacturing, Eco Construction & Maintenance Management, Neon Signs, and USA Signs Inc., be pre-qualified vendors for future work for Group 2: Citywide Signage Maintenance and Repair Pre-Qualified Contractors. CONCLUSION Based on the aforementioned,the Administration recommends that the Mayor and City Commission award a contract to Neon Signs,for Group 1: "Welcome to Miami Beach"Sign,as well as authorize that Acolite Claude United Sign Co., Inc., Baron Sign Manufacturing, Eco Construction & Maintenance Management,Neon Signs, and USA Signs Inc., be pre-qualified vendors for Group 2: Citywide Signage Maintenance and Repair Pre-Qualified Contractors, for future work on an as needed basis. 67 c' C) < a g o G) c� m o. rn >_ cw Q n m 0 c c V2 a o O y n 3 ht 03 N H f0 [D 1 m 0 00 o m rn C m O 2. c -°Q fD' ° L — a a m ('� N � 01 -• 1 C_ 9+ 3 CD 0 � O n' A V + o C co o $ W v N O n i1 ID 0 d C C 4m CL Q m m CL o o m oN ,= ,::L _C m CD 3 ° m a N , 6-9" p rn co _ � o o = o — a' 3 3 c c qm a A 7� Z� m 0 m -3_O. 0 n 0 n c � O ' d M � 0 3 a tia N y9 Fn C! mLo, cm >. c w a m 4 O �t o — I o 8 0 8 a d o o i �`� � 8 o o o m c -c w c 3 d � C m C 2 '6 CD CD Z N C p O a a p ° U) N f it O1 T V1 a 3 G d ° 1 $ o cm d $ L m a K _E a C ic O G co 7,L G O j /O CD a fv d+ G O d y O QA O b - g a 68 x INVITATION TO BID ITB -CITY WIDE SIGNAGE MAINTENANCE AND REPAIR ITB No. 2014-160-SW BID ISSUANCE DATE: MARCH 27, 2014 BID DUE: APRIL 11, 2014 @ 3:00 PM ISSUED BY: STEVEN WILLIAMS MIAAA I BEACH Steven Williams, Procurement Coordinator DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.74971 Fax: 786.373. 4330 1 www.miamibeachfl.gov MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE -0100 NOT UTILIZED ........................................................................................................N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS........................................3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT..........................................................15 APPENDICES: APPENDIX A BID CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B "NO BID" FORM APPENDIX C MINIMUM REQUIREMENTS &SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E BID TENDER FORM APPENDIX F INSURANCE REQUIREMENTS ITB 2014-160-SW 2 ® MIAMI BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS 1.GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Bidders(s) (the"contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of bid.submitted... 2. PURPOSE. The purpose of this ITB is to establish a contract, by means of sealed bids, with a qualified firm(s) for: 1) the maintenance and repair of the "Welcome To Miami Beach" sign located at 41St Street and Julia Tuttle Causeway; and 2) to pre-qualify contractors for maintenance and repair services for signage located throughout the City of Miami Beach (the "City") in accordance with the prescribed specifications and requirements. Interested contractors are invited to submit bids in response to this ITB. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued March 27, 2014 Site Visit April 2, 2014 at 2:00p.m. Deadline for Receipt of Questions April 4, 2014, no later than 3:00p.m. Responses Due April 11, 2014, no later than 3:00p.m. Tentative Commission Approval Authorizing Award April Commission 3. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: RafaelGranado c( rniamibeachfl.gov ; or facsimile: 786-394-4188. The Bid title/number, shall be referenced on all correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days prior to the date bids are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. Procurement Contact: Telephone: Email: Steven Williams 305.673.7497 Stevenwilliams @miamibeachfl.gov ITB 2014-160-SW 3 MIAMI BEACH 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Site Visit will be held as scheduled in Solicitation Timeline above at the following address: Welcome To Miami Beach Sign 41st Street and Julia Tuttle Causeway Miami Beach, Florida 33139 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only-questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. .. i n 2-486 of the 6. CONE OF SILENCE. Pursuant to Sect City Code all o y p rocurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado @miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procuremenUscroll.aspx?id=23510 • CONE OF SILENCE..................................................................... CITY CODE SECTION 2-486 • PROTEST PROCEDURES............................................................ CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS....................................................... CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES.................. CITY CODE SECTIONS 2-481 THROUGH 2-406 CAMPAIGN CONTRIBUTIONS BY VENDORS................................... CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES...................................................................................... CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS.......................................... CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT...................................................... CITY CODE SECTIONS 2-407 THROUGH 2-410 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS......... CITY CODE SECTION 2-372 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-:CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES............................. CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE......................................................... CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES.............................. CITY CODE SECTION 2-449 ITB 2014-160-SW 4 MIAMIBEACH 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. MIAMI.BEACH-BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3747, a preference will be given to a responsive and responsible Miami Beach-based vendor, who is within five percent (5%) of the lowest and best bidder, an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more Miami Beach-based vendors constitute the lowest bid for a competitively bid purchase, and such bids are responsive and otherwise equal with respect to quality and service, then the award shall be made to the Miami Beach-based vendor having the greatest number of its employees that are Miami Beach residents. Whenever, two or more Miami Beach-based vendors have the same number of its employees that are Miami Beach residents, then the award shall be made to the Miami Beach based vendor who is certified by Miami-Dade County as a Minority or Women Business Enterprise. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2)or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. ITB 2014-160-SW 5 MIAMI BEACH 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendations)and, -may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • -The-character, integrity, reputation,judgment, experience and efficiency,of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15. MULTIPLE AWARD.The City may award up to three vendors(primary,secondary,tertiary), as available, by line item, by group or in its entirety. The City will endeavor to utilize vendors in order of award. However,the City may utilize other vendors in the event that: 1 a contract vendor is not or is unable to be in compliance with an contract or delivery requirement; 2)it is in P Y the best interest of the City to do so regardless of reason. 16. BINDING CONTRACT.The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1)Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price ITB 2014-160-SW 6 MIAMBEACH before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 21.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). 22. 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. 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person,-company or corporation, without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three(3)years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. ITB 2014-160-SW 7 MIAMI BEACH 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications,-or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7)calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s)from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, 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 any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally.or.in.writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement Management(DPM), 1700 Convention Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk. 30. COLLUSION.Where two (2) or more related parties each submit a bid or bids 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 bid or bids. "Related parties" means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and.delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. 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 City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays,from 8:30 A.M. to 4:00 P.M. ITB 2014-160-SW 8 MIAMI-BEACH 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time(in calendar days) for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. 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. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. 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. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. 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 supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidders bid may render the bid non-responsive. G. 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 ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. 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 the demonstration of competency required under this subsection. 37. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. E. In case of any doubt or difference of opinion as to the items and/or services (as the case may be)to be furnished hereunder, the decision of the City shall be final and binding on all parties. 38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as 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 City's bidders list. ITB 2014-160-SW 9 MIAMI BEACH 39. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in 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 in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to 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. 40. ELIMINATION.FROM.CONSIDERATION. This bid 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. 41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority" under the emergency conditions noted above. 42. 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. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, 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 Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to ITB 2014-160-SW 10 MIAMI BEACH (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. -Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee,.contractor,or agent of the:City, for the purpose of influencing consideration of this.Bid........ I. 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 49. 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 City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 50. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. ITB 2014-160-SW 1 1 MIAMI BEACH 52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the 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 Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure.of.,bidder to comply with this paragraph shall constitute.a material breach of this contract. 54. 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 and may result in the bid being non-responsive. 55. 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. 56. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid 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 deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, 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, ITB 2014-160-S 12 M MIAMIBEACH 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. 60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must-be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. 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). 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5)calendar days upon request from Purchasing Agent. 63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. 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 the bidder's name. Failure of the 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. 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 68. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. ITB 2014-160-SW 13 MIAMI BEACH 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to'the City Commission. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work _ and/or..services satisfactorily-.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 contract 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. The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the 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 contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in 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 contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 72. 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. ITB 2014-160-SW 14 19 MIAMI BEACH, SECTION 0300 BID SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 - Bid Tender Form (Appendix A). The Bid Tender Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil shall be deemed non- ' responsive. All corrections on the Bid Price Form (Section 5)shall be initialed. • TAB 2-Bid Certification,Questionnaire and Affidavits (Appendix B). 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of bids will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2014-160-SW 15 A AiEtl I.AM��l BEAC� Bid Certification , Questionnaire & Requirements Affidavit CITY WIDE SIGNANGE MAINTENANCE AND REPAIR DEPARTMENT OF PROCUREMENT MANAGEMENT 700 Convention Center Drive Miami Beach, Florida 33139 Solicitation No: Solicitation Tide. ITB No.2014160-SW CITY WIDE SIGNANGE MAINTENANCE AND REPAIR Procuramnt Contact Tel: Enmaih Steven Williams 305.673.7497 BID CERTIFICATION;QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Bid Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Bid Certification, Questionnaire and Requirements Aftidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. Gen&al'Proposer,Information. FIRM NAME: ??eo 7 6 *j JU�t.� -Ai207.rr o?[' No of Years in Business. J No of Years in Business Locally: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): 3 Wi 6f. CITY: STATEN ZIP CODE: X33 0�1( TELEPHONE NO.: (J OS V',5- ?4P&0- TOLL FREE NO.: ° FAX NO.: t T FIRM LOCAL ADDRESS: i-vie ez6 &E7 000 CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: 3015- R 0015 1 4y©a . ACCOUNT REP TOT FREE NO.: ACCOUNT REP EMAIL: 1A)F00 NC0,4)S42�A)S®., 07 611),'. CDA J FEDERAL TAX IDENTIFICATION NO.: 615— 1100.2G4( The City reserves the right th seek additional.information from Proposer or other source(s),including but.not limited to:any firm or principal information,applicable licensure,resumes'of relevant individuals,client information,financial Information,or any information the City deems necessary to evaluate the capacity of the Propose to perform in accordance with contract requirements. Miami Beach ITB 2OW160-SW Appench A-Page 1 i 1. Miami Beach Based(Local)Vendor.Is Proposer claiming Miaml Beach based firm status? YES � NO SUBMITTAL REQUIREMENT:Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt Issued by the City of Miami Beach and the proof of residency requirement,as required pursuant to ordinance 20113747,to demonstrate that the Proposer is`a Miami Beach Based Vendor. 2. Veteran Owned Business.Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 4, Finan'tal Capacity.Each Proposer shall arrange for Dun&Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein. No bid will be considered without receipt, by the City,of the SQR directly from Dun & Bradstreet The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at frt#es:t lsupplierportal.dnb.com/webap2t cs/stores/servlet/Sggp llerPortal?storeid=ll696 Proposers are responsible for the accuracy of the Information contained In its SQR.R is highly recommended that each Proposer review the Information contained In its SQR for accuracy prior to submittal to the City nd as earl as possible tY Y P in the solicitation process.For assistance with any portion of the SQR submittal process, contact Dun &Bradstreet at 800.424.2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun &Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request, 5. Litigation History.Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firms) in the last five years.If an action has been filed,state and describe the litigation or regulatory action filed,and Identify the court or agency before which the action was instituted,the applicable case or file number,and the status or disposition for such reported action.If no litigation or regulatory action has been filed against your firm(s),provide a statement to that effect If"No"litigation or regulatory action has been films against your firm(s),please provide a statement to that effect Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor In the selection process, Untruthful,misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm,in the past 5 years.if Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 6. Conflict Of Interest,All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member(spouse, parent, sibling, and child)who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns,either directly or indirectly, an interest of ten (10%) percent or more In the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer,director, agent,or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more In the Proposer entity or any of its affiliates. 7. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar In size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. Miami Beach !TB 2014-160-SW Appendix A—Page 2 8. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by an ublic sector agency? YES NO SUBMITTAL, REQUIREMENT: If answer to above is`YES,"Proposer shall submit a statement detailing the reasons that led to action(s). 9. Vendor Campaign Contributions.Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUB TT�L REQUIREMENT: Submit the names of all individuals or-entities includin (' g your sub-consultants)with a controlling financil interest as defined in solicitation. For each individual or entity with a controlling financial Interest indicate whether or not each individual or entity has 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, 10. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,eac h.person or entity that seeks to do business with the City shall adopt a Code"of Business Ethics("Code)and submit that Code to the Procurement Division with its proposallresponse or within five(5)days upon receipt of request The Code shall,at a minimum,require the Proposer,to comply with all applicable governmental rules and regulations including, among others,the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County, SUBMITTAL REQUIREMENT: Proposer shall sub ' P submit firm's Code of Business Ethics. In Neu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available atwww.miamibeacthfl.gov/procurement/. 11. Living Wage..Pursuant to Section 2-408 of the Miami Beach City Code,as same may be amended from time to time,Proposers shall be required tu pay all employees who provide services pursuant to this Agreement,the hourly living wage rates listed below: Commencing with City fiscal year.2012-13(October 1,2012),the hourly living rate will be$11.28mr with health benefits,and$12.92ihr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be Indexed annually for Inflation using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft Lauderdale,issued by the U.S.Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3q.The City may also,by resolution,elect not to index the living wage rate In any particular year,If it determines it would not be fiscally sound to implement same(in a particular year), Proposers'failure to comply with this provision shall be deemed a material breach undue this proposal,under which the City may, at its sole option, immediately,_deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines,as provided in the city' s Living Wage Ordinance, as amended. Further Information on the Living Wage requirement is available at www.miamibeachf.gov/procurement/. SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees to the living wage requirement p 12. Equal Benefit for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of.Miami Beach,who are awarded a contract pursuant to competitive proposals,to provide°Equal Benefits°to-their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Mfiaml Beach,Florida;and the Contractor's employees located in the United States,but outside of the City of Miami Beach limits, who are directly performing worts on the contract within the City of Miami Beach, Miami Beach iTB 2014-1sa8w Appends A—Page 3 A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? Q YES ® NO C. Please check all benefits that apply to your answers. above and list in the "other" section any additional benefits not already specified.Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical Insurance. BENEFIT Firmm Provides for Firm Provides for Firm does not Employees with Employees With Provide Benefit Spouse's Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance.To comply on this basis, you must agree to pay a.cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewred for consideration by the City Manager;or his designee.Approval is not guaranteed and the City Manager's decision is final. Further infomation on the Equal Benefits requirement is available at www.miamibeaW.gov/procurementf. 13. Public Entity Crimes.Section 2677.133(2)(a),Florida Statutes,as currently enact or as amender from time to time,states that a person or affiliate who has been placed on the conviccteed vendor list following a conviction for a public entity crime may not submit a proposal,proposal or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public Work;may not submit proposals,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity In excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months foilowing the date of being placed on the convicted vendor list SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list 14. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, Public Purchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addendum may result In proposal disquallfiration. Initial to Conftrm I Initial to Confirm Initial to Confum Receipt R t Rwei t Addendum 1 Is, Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 - Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 16 Addendum 15 If additional confirmation of addendum it required,submit under separate cover. Miami ftarh IT8 2014-160SW Appendix A—Page 4 DISCLOSURE 1 DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied, as to its content, its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Govern ment-in-the-SunshineLaw,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. Miami Beach ITB 2014-160-SW Appendix A—Page 5 PROPOSER I hereby certify that I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the Loam and conditions of this document, inclusive of this solicitation,all atthchments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;all responses,data and information contained,in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Repr entative: Title of Pr+oposer's Authorized Representative: signature of P osees Au zed Representative: Date: State of FLORIDA } On this day of personally } . appeared before mw " , County of P14 t 6 stated that (s)he'is the y P7 t-j r ' of WeV 5AV a corporation; and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: „ Y .;�. ANDRA M MURTON o y Public•state of Florida Apt 13,2017 Notary Public fo; FF 004445 W Comm' al Notary Assn. Miami Beach ITB 2014160-SW Appendix A—Page 6 I APPENDIX B 1AM1 BEAC�H ® Bid " F CITY WIDE SIGNANGE MAINTENANCE AND REPAIR DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Statement Of No Bid WE HAVE ELECTED NOT TO SUBMIT A BID AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to bid Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future bids of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a bid or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT ATTN: Steven Williams BID #2014-160-SW 1700 Convention Center Drive MIAMI BEACH, FL 33139 Miami Beach ITB 2014-160-SW Appendix B—Page 1 APPENDIX C m MI BEACH Minimum Requirements & Specifications ITB 2014- 160 CITY WIDE SIGNAGE MAINTENANCE AND REPAIR DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. 1. 'Bids will only be considered from firms that are regularly engaged in the business of providing goods and services as described in this Bid for a minimum of three(3)years. 2. Bidder must list at least one (1) governmental agency currently being serviced by the bidder and provide a contact name and phone number for verification. C2. Statement of Work Required. The purpose of this ITB is to establish a contract, by means of sealed bids, with a qualified firm(s) for: 1) the maintenance and repair of the "Welcome To Miami Beach" sign located at 41St Street and Julia Tuttle Causeway; and 2) to pre-qualify contractors for maintenance and repair services for signage located throughout the City of Miami Beach (the "City") in accordance with the prescribed specifications and requirements. Interested contractors are invited to submit bids in.response to this ITB. C3. Specifications. GROUP 1.Welcome To Miami Beach Sign Repair The existing sign located at 41 st Street and Julia Tuttle Causeway is in need of immediate repair to bring the appearance to pristine condition. The hardware, inclusive of electrical components, cabinetry, lights, steel beams, and paint need to be fully restored to the original condition. PREPARATION: Although it is not mandatory, it is highly recommended that interested contractors attend the site visit on the Julia Tuttle Causeway before submitting their bid proposal. Please refer to Section 0200, Instructions to Bidders, Sec. 3 and 4. Any indirect costs related to labor and materials are the responsibility of the awarded Contractor. This is inclusive of any site-work fees or off-site work fees relating to the preparation of any materials utilized in the restoration of the Welcome to Miami Beach Sign. The awarded Contractor shall be responsible for any and all fees, inclusive of permits required, for the repair of the sign. RESTORATION/RENOVATION: During the repair or restoration process the Contractor must maintain a clean operation while working. At the end of each work day all debris and equipment shall be removed. Should the Contractor fail, refuse or neglect to remove rubbish, waste materials, and temporary Work or to clean the site as required,the City may, without obligation to do so, remove and dispose of the rubbish, waste material, and temporary work and clean the site and deduct the resulting cost from monies due or to become due to the Contractor under this Contract. Miami Beach ITB 2014-160-SW Appendix C—Page 1 CABINETRY: 1. Replace any other cabinets as needed to the appearance of original pristine condition with a mildew proof finish (or mildew proof material) that must withstand the salt air and other environmental conditions of South Florida. 2. Specifically, the center main cabinet to be removed and replaced with a new one. 3. Specifically, the sign cabinet with channel letters shall be replaced with an all new cabinet inclusive of its channel letters. 4. All painting of the new cabinets must be approved prior to painting by the City Project Manager. ELECTRICAL: The lettering WELCOME TO MIAMI BEACH will be replaced with internally LED illuminated channel letters on sign cabinet to match existing lighting, therefore the awarded contractor must submit for approval the new LED lighting to the City Project Manager. All monument electrical wiring and internal illumination should meet the City code. STEEL EYE BEAMS: There shall be no structural change to the existing "I" beams and footer as the restored beams and footer shall be identical to the existing one. 1. The size is 6"X 5/16". The steel grade must be galvanized and grade 50. 2. The beams must be restored to new finish with an anti-rust coating, after applying iron brush to it (cleanup) and the Rust-Off paint. (An equal substitute must be approved by City Representative). Lexan pan faces to be replaced, double embossed and painted translucent blue(second surface)for long-term durability as per plans in Attachment A. COMPLETION: The worksite must be in condition as it were before the start of the restoration project. The awarded vendor is responsible for debris removal, worksite cleanup and final cleanup of sign at the end of the restoration project. The landscape and irrigation system within a 20' radius surrounding the Welcome to Miami Beach sign must be in its original condition as before the start of the restoration project. The awarded contractor must perform a site review upon completion of the restoration project with a City Representative. Liquidated damages of$125 per day shall immediately apply if project exceeds the timeframe of a maximum of six(6)weeks from the issuance of a purchase order from the City. Miami Beach ITB 2014-160-SW Appendix C—Page 1 The TOTAL COST is all-inclusive total cost-for the work specified in this bid, consisting of removal, furnishing all materials, labor, equipment, supervision, mobilization, demobilization, overhead and profit, insurance, permits, and taxes to complete the work to the full intent as shown or indicated in the contract documents. Any or all alternates, if applicable, may be selected at the City's sole discretion and based on funding availability. GROUP 2: Citywide Simage Maintenance and Repair Pre-Qualified Contractors The purpose of Group 2 is to establish a term contract with qualified sign maintenance and repair contractors for restoration or renovation of citywide signage. Award will be made to all responsive, responsible bidders who meet or exceed the minimum requirements in Appendix C, Sec. C1, Minimum Requirements; these bidders shall be placed on a list of pre-qualified Contractors who will be contacted from time to time to provide written quotations per the terms of the ITB. For projects estimated at$5,000 or less,the City may utilize the pricing information noted in Appendix E, Bid Tender Form, Group 2. For projects estimated to exceed $5,000, the City will issue an Invitation to Quote(ITQ)to a minimum of three(3) pre-qualified contractors and the lowest responsive quote will be awarded the project at the discretion of the City. The City reserves the right to waive any informalities or irregularities in the quotes; or to reject any quotes, or any part of the quote, as it deems necessary and in the best interest of the City of Miami Beach. At the sole discretion of the City additional contractors may be added to the list at any time, to maintain sufficient names and to ensure competition. The contractors seeking pre-qualification on the list shall be required to meet the minimum requirements. The City reserves the right to increase the number of contractors as it deems in its best interest so as to ensure City's repairs and/or renovations are handled expeditiously. Miami Beach ITB 2014-160-SW Appendix C—Page 1 APPENDIX D m M Special Conditions CITY WIDE SIGNANGE MAINTENANCE AND REPAIR DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center once Miami Beach, Florida 33139 1. TERM OF CONTRACT.The Contract shall commence upon the date of notice of award and shall be effective for three (3) years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two (2) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. 3. PRICES.SHALL BE FIXED AND FIRM: All.prices quoted in the awardee's bid submittal shall remain firm and fixed, unless amended in writing by the City. 3.1 COST ESCALATION.iPrices must be held firm during the initial term of the agreement. During the renewal term, the City may consider prices increases not to increase the applicable Bureau of Labor Statistics (www.bis.gov) CPI-U index or 3%, whichever is less. The City may also consider increases based on mandated Living Wage increases. In considering cost-escalation due to Living.Wage increases, the City will only consider the direct costs related to Living Wage increases, exclusive of overhead, profit or any other related cost. 4. EXAMINATION OF FACILITIES. INTENTIONALLY OMMITTED. 5. PERFORMANCE BOND. INTENTIONALLY OMMITTED. 6. REQUIRED CERTIFICATIONS. INTENTIONALLY OMMITTED. 7. SHIPPING TERMS. INTENTIONALLY OMMITTED. 8. DELIVERY REQUIREMENTS. INTENTIONALLY OMMITTED. 9. WARRANTY REQUIREMENTS. INTENTIONALLY OMMITTED. 10. BACKGROUND CHECKS. INTENTIONALLY OMMITTED. 11. METHOD OF PAYMENT. Invoices for payment will be submitted upon receipt and acceptance of goods and/or services ordered via a Purchase Order. No down or partial down payment will be made. Invoices will be subject to verification and approval of the Property Management Department. Miami Beach ITB 2014-160-SW Appendix D—Page 1 APPENDIX E m MIAMI BEACH Bid Tender Form CITYWIDE SIGNANGE MAINTENANCE AND REPAIR DEPARTMENT OF PROCUREMENT MANAGEMENT 1100 Convenflon Center Drive Miami Beach, Florida 33139 APPENDIX E BID TENDER FORM Failure to submit Bid Tender Form. in its entirety and fully executed by the deadline established for the receipt of bids will result in bid being deemed non-responsive and being rejected. Bidder affirmt that the prices stated on the bid tender form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Tender Form shall be completed mechanically or, if manually, in ink. Bid Tender Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Tender Form shall be initialed. Group 1: WELCOME TO MIAMI BEACH SIGN—418T ST,JULIA TUTTLE CAUSEWAY The TOTAL COST Is all-inclusive total cost for the work specified in this bid,consisting of removal,furnishing all materials,labor,equipment,supervision,mobilization,demobilization,overhead and profit,Insurance,permits,and taxes to complete the work to the full intent as shown or Indicated In the contract documents. Any or all alternates,if applicable,may be selected at the City's sole discretion and based on funding availability. FOR INFORMATIONAL PURPOSES ONLY, BIDDER SHALL SUBMIT A DETAILED SCHEDULE ON COMPANY LETTERHEAD WITH THEIR BID SUBMITTAL OR WITHIN THREE 3 DAYS REQUEST BY CITY ADMINISTRATION. Total Cost$ 39, 500, 00 Estimated Time to Complete 3 LJ e2 W's Group 2:Citywide Signage Maintenance and Repair PmQualifled Contractors The purpose of Croup 2 is to eatabW a term contract with qualffied sign maintenance and repair contractors for restoration or renovation of Citywide slgnage. Award will be made to aff responsive,responsible bidders who meet or exceed the minlmn qualifications;these bidders shall be placed on a Ist of pre-quaMed Contracts who wail be contacted from time to time to provide witlen quotations per the terms of the ITB. For pros estimated under $5,000, the City may utilize the pricing information rioted below. For pr*cts estimated to exceed$5,000,the City will issue an Invitation to Quote(ITQ)to pre-qualified contractors to select most qualdled,cost-effective vendor. Estimated Annual Group service Total Item Description hours Ulm Unk Cost (Quantity x Unit Cast 1 1A Hourty Labor Rate-Regular 240 Hour Rate 90.00 000. 00 is Ho Labor Rate-Non Regular 40 [Houdy Rate J.7 d.S 0 4 4 If 6 p - 0 0*toW Item.l" ,1A+18 fi'//'� ® r 0 Estimated Annual °ego mark-up Not Cost Group Gross Costs (See Special (Manufacturer Invoice Item Description Dealer Invoice Cost Condition 3.23) Cost X%Mark-up) 1 C Mark-u for Parts and Supplies $50,000 ;71500 , 00 B1►- Item,1= a.0 C) 0 00 Bidder's Affirmation Auftfzed Represer&**: Ojege C.�r. Address: Telephone: 0: J"s - -7 VQL Email: 1,4J A)art? tv U n rU; 60/4 Authorized Representatives Signature: Miami Beach ITB 2014-160SW Appen&E—Pegs 1 APPENDIX F MIAMI AC-�H Insurance Requirements CITY WIDE SIGNANGE MAINTENANCE AND REPAIR DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 MI-AMI BEAC-H INSURANCE REQUIREMENTS The vendor shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, to include Contractual Liability, and Products/Completed Operations, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be included as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class W as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. Miami Beach J ITB 2014-160-SW Appendix F—Page 1 r� am > -i 1y }1,' 1liV WN MT MN SIR id Mg" �. t( ' 'ti$'dam .. � ✓cf�^<.. 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Neon Sign Solutions, Inc. is a full service sign company located in Miami, FL that offers complete sign permitting processes and installation services for the Miami and surrounding areas. Please find below further information about us: NSSI has a complete sign facility with more than 20 years of experience in South Florida as designers, manufacturers and installers of signs. We are licensed company in Dade County (Competency License — 04E001 120) and Broward County (Competency License — 04-CESM-25X). We carry the following products:Channel Letters, Reverse Channel Letters, Neon Signs, Light Box Signs, Non- Illuminated Signs and more! We also have a CNC Routing Machine that allows us the capability to cut all type of materials. Our highly trained and professional staff has over 20 years of experience in sign installation, manufacturing and service for all types of signs. Our team of technicians can offer a full range of services including LED conversions, lighting retrofits, re-lamping, cleaning, safety inspections, preventative maintenance and exterior lighting service. Our service and installation personnel understand the need for effective and timely service and can be available, if needed, 24 hours 7 days per week. Our service vehicles are supplied and equipped with the latest testing equipment and tools to service and repair any sign. The service vehicles are stocked with parts and supplies, prior departure, to service your specific sign's needs. encourage you to visit our website for more information and portfolio of work at: www.neonsignsolutions.com I Should you need additional information or have any questions, please do not hesitate to contact us. Sincerely, Jorge Idarraga President 631 West 27th St.Hialeah,A 33010 Ph:(305) 885-7400 Fax:(786) 703-4969 eon�i� s ITB No#2014-160-SW CITYWIDE SIGNAGE and REPAIR SCOPE OF WORK: .Remove all damaged aluminum covers,box sign with reverse channel letters,and pan and embossed blue faces and dispose. 2.Remove all bended and broken aluminum angle lines and dispose. 3.Manufacture and Install one new set of back lit channel letters mounted onto aluminum cabinet. Letters will be illuminated with the new system LED lighting. 4.Manufacture and install a new pan and embossed face and logo painted to match existing. The faces are going to be manufactured on LEXAN material which is unbreakable and resistant to the sun exposure. S.Build up a concrete foundation around the sign,the height will be about 6"-10" height from grade in order to give more support to the sign structure. 6.Remove and replace all the electrical components:switches,conduits,wires,and transformer boxes. according with electrical code. 7. Reinforce the structure inside with new aluminum angle lines,replace the aluminum covers for .090 aluminum covers reinforced with aluminum angle lines,painted with stucco finish. 8.The sign will be painted as per city approved colors. 9.The project will take three weeks to manufacture and install.It does not include the permit processing and approval time. 631 West 27th St.Hialeah,Fl 33010 Ph:(305) 885-7400 Fax:(786) 703-4969 rK To Whom It May Concern: The purpose of this letter is to give you some information about the services we had provided to some governmental agencies. Please find attached a list of the governmental agency,the type of project,completion pictures and the contact name and number. f PORT OF MIAMI Project: Various Way finding Signage Project# WFS 1017 Scope of Work: Manufacture and Install Way- Finding Signage for Cruise Terminals B and C �.. :,t x u..0 "•.""""'.,.w ern.� �. -, ..5.:, }3'� � d,.- x z nx^ " -.re �� ak a°qr•° .�'� 'a,- t ,.w:��x.�\_a,fin f �xy?'!�^S �,.8,r ,• !, tgy �ate' •� F&. Yep; Few5 4{d xn w�1 .x ,h. •�Fa r Contact Person: Vivian Alfonso Phone:(305)347-5520 Completed March,2014 631 West 27th St.Hialeah,A 33010 Ph:(305) 885-7400 Fax:(786) 703-4969 PORT OF MIAMI Project: Full Color Banner Advertising Project# PROMO 16 Scope of Work: Manufacture and Install one full color banner 37' x 82' Fzx F�F. r 8 Contact Person: Doris Guzman Phone:(305)960-5445 Completed October,2013 PORT OF MIAMI Project: Full Color Banner Advertising Project# PROMO 19 Scope of Work: Manufacture and Intall ten full color banner. f R -,� a <c'.y3„ i y � - i 6 ,a' ; '•?'f �' I ip _ g.�a �.^- ? ^a ; e '✓:d ANY",mi?b. ,.4ti _ �"° FdEVeFa,PORT?is -x 3 t0{7K''GS'f�N:t3�: rr Contact Person: Doris Guzman Phone:(305)960-5445 Completed October,2013 631 West 27th St.Hialeah,FI 33010 Ph:(305) 885-7400 Fax:(786) 703-4969 3 S; 2•' MIAMI DADE COUNTY FIRE DEPARTMENT Project: Metal Letters =V; Project# MDFRD-I 1142013-01 S Scope of Work: Manufacture and Install eight sets of metal brass letters for conmemorative park w i Contact Person: Sylvia Novela Phone:(786)331-4498 3 f 631 West 27th St.Hialeah,Fl 33010 Ph:(305) 885-7400 Fax:(786) 703-4969 s Z t {{ MIAMI DADE PUBLIC HOUSING •::F: �f Project: Directional Signs f g Project# POHD 1300868 Scope of Work: Remove, Manufacture and Install new directional Signs :-1 k ,.. `.•�'z�'��a�x one;z a.:.. t r - Contact Person: Nicole Johnson Phone: 305 358-4714 } y�y C C °S3 M I t i 631 West 27th St.Hialeah,FI 33010 F f. Ph:(305) 885-7400 Fax:(786) 703-4969 Refurbish Projects Project: Upgrade and reinforce existing freestading sign Coral way, Miami ROAN ZI.P "No r x ;n f - .,•.. -2res nea!n�s ts6StE9o.ix:$' � �; ✓.ez 1'tWLibl4T�13F;GL)Litti •�A&;61AU6�d:t431PIAL9�@Z .. " - - �°-- `tSYB tYtesnal.az�Sl/PE�".E?dSEZBS ttn&.. l7L TNT to '1 iti v 9;IB iJ !_t3 4.5\Y.VNI S 3 I SACCOR - E}'.lkti[tt.t1_�'IS"IZ 1\til,'Ida\1(;t•.;: ;zf�!$IYER�, .--.� 1. .. . Q , u DR RIMMV R4;UCI N ETHJ� L' .:DR:Lt.\l"N'1',kt%N 11114;1::: - 42?8/:'.ebrrdl 4fc3vsine.3135.2U7:i�IN L.DS Y��Cr®5 Refurbish Projects Project: Upgrade channel letters replace neon for LED lighting. Dolphin Mall, Miami r E y y � r'S wt a 631 West 27th St.Hialeah,A 33010 Ph:(305) 885-7400 Fax:(786) 703-4969 PORT OF MIAMI Project: Refurbish and repair all the neon lighting and electrical components. South Pointe Towers, Miami Beach y M1 L 3 eS 631 West 27th St.Hialeah,FI 33010 Ph:(305) 885-7400 Fax:(786) 703-4969