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ECO Construction & Maintenance 2014-160-ITB-SW MIAMIBEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT L s-a 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): ECO Construction and Maintenance Management, LLC. (Group 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. _4- 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: Eco Construction and Maintenance Management, LLC. 39 Skyline Drive Suite 1017 Lake Marv, Florida 32746 Attn: Gary Hoeing Phone: 407-478-3258 ext. 1177 Fax: 1-866-646-4326 E-mail: gars a,ecogc.com L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 3 Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall -be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this _ f day of :1Uhe 201 , by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH " By By President/Signature or 'z\f 1 0/10610 Print Name Date G1 ,5114 Date ATTES ATTEST: S cr aryl Signature City cierk Q tU--Vb 1 Print Name dat fi Date =INCORP J F:\PURC\$ALL\Solicitations\201412014-160-SW CITYWIDE SIGNAGE MAINTENANCE AND REPAIR\Contract12014-160-ITB ECO Construction and Maintenance Mangement LLC.doc i i 1 i APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 5 City Attorney D® V ECOCONS-01 NIBLACKD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 441�� 4111/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Abraham Castillo Insurance Office of America-LNG PHONE FAX 1855 West State Road 434 A/c No Ext:(407)788-3000 A/c No). (407)788-7933 Longwood,FL 32750 E-MAIL Abraham. astlo Ioausa.com g � C il ADDRESS: �� INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:First Mercury Insurance Company 10657 INSURED ECO Construction and Maintenance Mgmt,LLC;Host General INSURER B:Travelers Indemnity Company of Connecticut 25682 Contractors,Inc.,ECO GC and Maintenance Ca INSURER C:Chartis Specialty Insurance Company 26883 39 Skyline Drive INSURER D:Westchester Surplus Lines Insurance Company 10172 Suite 1017 INSURER E: Lake Mary,FL 32746 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE P(I OCCUR MACGL000000905303 04/12/2014 04/12/2015 DAMAGE TO RENTED PREMISES Ea 50,000 X H8�N0,WOS,PNC, occurrence $ MED EXP(Any one person) $ 0 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 B X ANY AUTO BA5505XI 0714 03/08/2014 03/08/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 8,000,000 C X EXCESS LIAB CLAIMS-MADE 042905493 04/12/2014 04/12/2015 AGGREGATE $ 8,000,000 7DW RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE F—] NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Pollution Liability G24344095002 12/01/2013 12/01/2014 Ea.Claim 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Miami Beach AUTHORIZED REPRESENTATIVE 1700 Convention Center Drive J �l 3rd Floor P_'�Miami Beach FL 33139 -- - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DA ,YYYY, 05/227/2017/201DD4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Paychex Insurance Agency Inc PAYCHEX INSURANCE AGENCY,INC. PHONE FAX 150 SAWGRASS DRIVE (A/C,NO.EXT): 877-266-6850 (A/C,No): 585-389-7426 ROCHESTER,NY 14620 E-MAIL ADDRESS- Cents @paychex.com INSURERS)AFFORDING COVERAGE NAIC# INSURED INSURER A: NEW HAMPSHIRE INSURANCE COMPANY 23841 PaycheX Business Solutions,Inc. INSURER B: ECO CONSTRUCTION MAINTENANCE Eco Construction&Maintenance INSURER C: 911 PANORAMA TRAIL SOUTH ROCHESTER,NY 14625-0397 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD DUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR (MM1DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ renr �CL41MS-MADE�OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY =PROJECT LOC PRODUCTS-COMP/OP AGG $ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED SCHEDULED BODILY INJURY AUTOS AUTOS (Per person) $ NON-OWNED BODILY INJURY HIREDAUTOS AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION AND 011732344 06/01/2014 06/01/2015 X Tn Y WC STATU_ IMIT OH- S TEMPLOYERS'LIABILITY q ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000.00 OFFICER/MEMBER EXCLUDED? YIN E.L.DISEASE-EA EMPLOYEE $ 1,000,000.00 (Mandatory In NH) N N/A byes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000.00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Worker's Compensation coverage is provided to only those employees leased to,but not subcontractors of the named insured. CERTIFICATE HOLDER CANCELLATION City of Miami Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 1700 Convention Center Drive 3erd Floor DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY Miami Beach,FL 33139 PROVISIONS,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 4CORD 25(2010105) @1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I I roan Request for TaXpa •.+£p Give Form to the (Rev.August 2013) Id�� dlit�®� Number C� �fi�t�aiat�� requester.an rtQt ==Service r send to the IRS, Name(as shown on your Income tart return). ECG Construction and Maintenarice Management,MC sj Business nameldisregarded entity name,if different from above or ' m c 0 ElCheck appropriate box for federal tax classitleatlori:. Exemptions(see Instructions): Individual/sole proprietor ❑ C Corporation El S Corporation p ❑ Partnership [l Trust/estate Exempt payee code(if any) ,. ,1 Limited liability company.Enter the tax classification(C=C corporation,8_S corporation P=partnership)� O p p) 5 Exemption frorn-FATCA reporting r c code(if any) a. ❑ Ulhor(ape instructions)J !S Address(number,street,and apt,or suito no'.) Requester's name and address(optional) . 39 Sk lime Drive m fifty,state,and ZiP code Lake Mary,FL 32740 List account number(s)here(optional) ons Tpixpayer Identification Nu (F,er(TIN) Enter-your TIN In the approprfate box.The TIN provided must match the name given on the"Name"line social security number to avoid backup..withholding.For Indlviduals,this Is ybOr soclal•sectirlty nurilbQr(SSPI},i lawevor,fora resident alien,sofa proprietor,or disregarded.entity,see the Part i Instructions on page 3.t=o-other entities,It Is yauremplayer Iderit(Acafian number(EIN).1f you do not have a number,see Noty to got TIN on page S. (Vote.If the account is in more than one name,sse Ihe:chari on page 4 for guidelines on whose Er"pfnybr-idontfflcatiori number number to enter. H - 0 8 8 9 13 G Pelrtificatioi� , Under pehaitles of perjury,I certify that: 1. The number shown on this form is my correct taxpayer Identification number(or I am Walting for a number to be Issued to me),and 2, 1 am not subject to backup withholding because::(a)I.am exempt from backup withholding,oe(b)i have not been notified by the internal Revenue Servfce(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that-1 am no lon9er subject to backup withholding,and 3. 1 am a U.S,citizen or other U,S.person(defined below),and 4.The FATCA-code(s)entered'on this form-(If ahy)Indicating-that•I.am exempt from FATCA reporting Is correct, Certlftcation Instructions.You nitist cross.out Item 2 above if you have been notified by the Ins that you are currently sUbjeot to backup withholding because you have failed to report.a terest and dividends;on your tax return.Fpr real estate transetotfons,item 2 does not apply.For mortgage intoreSt paid,acquisition or aban ment of sedured.praperty;cancellation of debt,coniributfons to an individual retirement arrangement(113A),and generaRy,94yr lents-other Ihan i rest and:divl ,hds,you.are not required to slgn-the certification,but you must provide'your'correctTfN.See the Instructions on page 3. . Sign. Signa.turn of Here S.person w r Date b. General Instructions withholding tax on foreign partners'shara of effectively connected income,.and Section tolerances are to the Internal Revenue Coda unless otherwise Hated. 4,Certify.that FATCA codes)entered on this form(if,any)indicating that you are exempt from the'FATCA reporting,is correct, Future:devofoprnents.'Tho 09S.has created a page on*IRS.gov for informAtlon Note.If you are a U.S.person and a requester glue&you a form othor.fhan rCrm about Form W-9,at irWV v,frs,gov/w9.Information about any future dovelopme' ite W_9 to reaue'st your TIN,you must use(he l ueves.y form if it!s subsiantiaR affecting Form W-9(such as fegislation enacted after ws release it)will be posted similar to this Form W-9. q y on that pope, Definition of a U.S.person.For federal tax iiurposos,you tare consfdored a U,8. Purpose of Form person:lf you are. A parson who Is required to file an Information return with to iRS must obtain your °An fndlvidual who it a U.S.citizon or U.S,resident alien, correct taxpayer Identification numbbr.(1'I14)to report,for example,income paid to •A partnership,corporation,company,or asspciatibn creaied or organized in the yau,papenents made to you in settlement of•payment card and third patty network United Sfatds or under the:laws of the United States, transactions,Taal estate transactions;mortgage interest you paid,acquisition or a An estate{other than a foreign estate),or I abandonment of seeurod property,cancellation of debt,or o'Wribullons ybu made to an IRA. o A domestic trust fas defined in Reputations section 301.7701-7}, Use Form W-9 only if you are a U.S.person(including a resident alien),-to Special rules for parinerships.Partnerships that conduct a trade or business in provide your correct TIN to the person requesting.it(the requester)-arid,when the United States Are generally required to pay a withholding tax under-section applicable,to: 1446 bn any foreign p2rtnhrs'shard of effectively connected taxable Income from such business.Furttlor,in certain cases where a Form W$leas riot been rebefved, 1.Certify that the TIN you are giving is correct(or you are sveiting for p number the-rules under section 1448-re uire-a partnership to resume that a partner is a to be issued), q p p p p foreign person,anti pay the."actlon 1446 withholding tax.There[ore;if you are A 2.Certify that you are not subjetit to.backup withholding,or U.S,person chat is a partneF in a partnership conducting a trade or tiusinese In the. 3.Cletm examptien from backup withholding if you are a U:S,exempt payee,ft Urilted Status,Provide Form,W-9 to fho�partner$ftip to establish your U,S;status applcable,you.ere also certifying thht go a U.S.•persim,your allocable share of and.avofd seotlori 1445 vitthhoiding on your share of patlrtershtp income. any partnership tnacmei frprn a U.S.trade or business;is i of di.bloct-to the* Cat.No,f023fX Form W 91•(Rev,8-2013) 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 Re air. Key Intended Outcome Supported: Ensure Well-Maintained Facilities. Supporting Data(Surveys, Environmental Scan,etc.): N/A 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: 1 $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: Deplartment Director A City manager Ci na er AD ETC MT ;, JLM T:\AGENDK\2014\May\ProcurementVTB 2014-160-SW City Wide Signage Maintenance and Repair SUMMARY. o 64 AGENDA ITEM G� C MIAMIBEACH DATE `/ /y NAIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miomibeachfl.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 < a g c, m a v 2 ° N 0 CU v d o o o .. n ' c c cn �c c V �' r gn) N rn m fD t m G7 ' m o rn 0. N S Q C 0 6% CD o S L2 - i► N � � K �C C a � 3 CD �+ m v 3 b C o, o cam. A co co oa C d 3 ul o ge Ca 3 a n tt 1° 0 Ol D o fJ a 40b 69 6q o m C:- 4 '0� o v !� c T� o ,, - ,,°o o ° o° °o c S a a a gt S = I o p yym c n 3 a v �� m If � o � fn a o x c 4D w cn 3 -4 C y� SQ2 0 or m �pf � i5 25 ° Iv G7 Q O ° o ^ S $ °o °o °o z x 3 c c ... rn wo =lL 9 a° RL Ilk I= LC m < a Cl) m II ' oI cn p m c >O p °c 3' 411011 T u ha N m O —1 Q tm to w 8 0 O O o 8 x r+ cr r) 2 2 a s c c =L crl k w c 3 ci Z o a < II to Z C � p C7 c p • i IN N 7 A7 1 m O N 5� Cn x aci T P Cp cn Q b o m g o a 3 x ° o e o it c . y o c $ g �— a C w L2 m s a c %: ic n c CD yH� II rn i O O p N �, -- 4,0, g a o ° o W rn o pW o° g 17 FL g g =x Of o � S S a 68 TO INVITATION 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 'Q07 MIAMI [3kEA.(0�m 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 19 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 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(@miamibeachfl.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 Pub .cPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement 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 co to the City Clerk at rafael ranado miamibeachfl. ov. PY Y 9 @ 9 7. SPECIAL NOTICES. You are hereby dvised that this solicitation is subject to the following Y J 9 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..............:.......I............ 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 MW A 1 C 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 S i 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 recommendation(s)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 any contract or delivery requirement; 2)it is in 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 art of the bidder, which offer shall be 6 g p , 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 MIAMI BEACH 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 bidder's 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 -19 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 11 9.07(l), 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 m 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. _ 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 11 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. MODIFICATIONMIITHDRAWALS 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-SW 12 19 MI.AM BEACH 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 sm 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/o.r:services„satisfacto.rily,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 It IAMI 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 5 APPENDIX "A" m MIAMI BEACH Bid Certification , Quest ionnaire & Requirements Affidavit CITY WIDE SIGNANGE MAINTENANCE AND REPAIR DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Solicitation No: Solicitation Title: r ITB No.2014-160-SW CITY WIDE SIGNANGE MAINTENANCE AND REPAIR Procurement Contact: Tel: Email: 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 Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in'Business Locally: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): sib� %/✓L-d / � d�� / CITY: 146 Yy l;jr STATE: rZIP CODE- L_ TELEPHONE NO. d -7�J Q� 5 rJ Q TOLL FREE NO.: L, FAX NO.' (,160 7F-- 5 FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: o _ /' ACCOUNT REP TOLL FREE NO- ACCOUNT REP EMAIL: 1�;t FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to 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 Proposer to perform in accordance with contract requirements. Miami Beach ITS 2014.160-SW Appendix A-Page 1 1. Miami Beach Based(Local Vendor.Is PropoONO' ing Miami Beach based firm status? YES 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 2011-3747,to demonstrate that the Proposer is a Miami Beach Based Vendor. 2. Veteran Owned Business.Is Proposer claiming a vete owned business status? 0 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. Financial 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: https:Jl supplierportal.dnb.com/webapplwcsl stores lservleUSupoliorPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible 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 firm(s) 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 filed 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.AII'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. I Miami Beach ITB 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 on erformance by an c 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.2487 through 2490-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. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial 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,each 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 proposal/response 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 submit firm's Code of Business Ethics. In lieu 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 at www.miamibeachfi.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 to 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$11.28/hr with health benefits,and$12.92/hr 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(3%).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 under 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.miamibeachfl.gov/procurement/. SUBMITTAL REQUIREMENT:No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 12. Equal Benefits 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 Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. Miami Beach ITB 2014-160-SW Appendix A—Page 3 A. Does your company provide or offer acres to any benefits to employees with spouses or to spouses of employees? YES 0 NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners'or to domestic partners of employees? YES 0 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 Firm,Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses 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 reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 13. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted 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 following 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, PublicPurchase.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 disqualification. Initial to Confirm Initial to Confirm Initial to Confirm ecei t 5eceipt R cei t Addendum 1 Addendum 6 ZP Addendum 11 Addendum 2 �+�' Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 7V Addendum 9 /' Addendum 14 /t. Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. Miami Beach ITB 2014-160-SW Appendix A—Page 4 PISCLOSURE ANU 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 Government-in-the-Sunshine Law,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 CERTIFICATION 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 terms and conditions of this document, inclusive of-this solicitation,all attachments, 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 Proposers Authorized Representative: Title of Proposer's Authorized Representative: �G O �®�JvA eve, Signatur of Proposer's Authorized Representative: Date: C State of-FLORIDA ) On this 719day of t i L ,2011personally appeared before me AbAa; who County of e�n�i>�D/�� ) stated that (s)he is the e �+ G &rte of C co >,-�.i, a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors a acknowledged said instrument to be its voluntary act and deed. Befdre me: Notary Publi Ems. . of ONEIL K GENTILES My Commis .1 MY COMMISSION AFEG47322 q Ct or.r� ,rrr EXPIRES August 21,2017 (407) 153 Florid®Notia ervt�e:eom Miami Beach ITB 2014-160-SW Appendix A—Page 6 i APPENDIX B " No® Bid " CITY WIDE SIGNANGE MAINTENANCE AND REPAIR DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Statement of No Wid WE HAVE ELECTED NOT TO SUBMIT A BID THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to d Insufficient time to respond Specifications unclear too restrictive Unable to meet sp ifications Unable to mee service requirements Unable to eet insurance requirements Do no 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:_9 A, Title: V l' d Sd+ `t S 1 Legal Company Name: `y n5 r vL r1 B n r). N1A f ncl rc e 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 MIAMI BEACH Minimum Requirements & Specifications ITI3 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. r 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 Signage 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 MIAMI B E,AC'H Special Conditions CITY WIDE SIGNANGE MAINTENANCE AND REPAIR DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 convemio„ cemer 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. Prices 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.bls.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 EACH Bid Tender Form CITY WIDE SIGNANGE MAINTENANCE AND REPAIR DEPARTMENT OF PROCUREMENT MANAGEMENT 1100 Convention Center Drive Miami Beach, Florida 33139 APPENDIX E BID TENDER FORM Failure to submit Bid Tender • and-fully • by dead • ished for • of • • bid,•' 0 • • non-responsive • •' • • Bidder affirms 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—41ST 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$ b o0 Estimated Time to Complete / _ (NIL S Group 2:Citywide Signage 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 qualifications; 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 under $5,000, the City may utilize the pricing information noted below. For projects estimated to exceed$5,000,the City will issue an Invitation to Quote(ITQ)to pre-qualified contractors to select most qualified,cost-effective vendor. Estimated Annual Group service Total Item Description hours U/M Unit Cost (Quantity x Unit Cost)l 1A Hourly Labor Rate-Re ular 240 Hourly Rate a p 1B Hourly Labor Rate-Non Regular 40 Hourly Rate Sub-total Item 1-Labor Items 1A-±-1 B Estimated Annual %mark-up Net Cost Group Gross Costs (See Special (Manufacturer Invoice Item Description Dealer Invoice Cost Condition 3.23) Cost X%Mark-up) 1C Mark-up for Parts and Supplies $50,000 % (PS Gco Sub-total Item 1—Parts&Equipment Iteh 1 C - i� Bidder's C Affirmation Company: L c o f1..1G I On GQV h VN I I\ Tle d\(N`e Authorized Representative: G A p_ I,- I k(—_N 1 (o Address: L y L yy E 1 b7 7 Telephone: Email: f=Co G C /cO Authorized Representative's Signature: Miami Beach ITB 2014160-SW Appendix E—Page 1 APPENDIX F I AMl B .EAC,.H Insurance Requirements CITY WIDE SIGNANGE MAINTENANCE AND REPAIR DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention center Drive Miami Beach, Florida 33139 M�IAMII 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 ITB 2014-160-SW Appendix F—Page 1 ECOCONS-01 MATERAT CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/14/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Abraham Castillo Insurance Office of America-LNG PHONE FAx 1855 West State Road 434 A/c o FA II:(407)788-3000 A/C Noll:(407)788-7933 Longwood,FL 32750 ADDRESS.Abraham.Castillo @ioausa.com INSURER(S)AFFORDING COVERAGE NAIC III INSURER A:First Mercury Insurance Company 10657 INSURED INSURER B:Travelers Indemnity Company of Connecticut 255682 ECO Construction and Maintenance Mgmt,LLC;Host General Contractors,Inc.,ECO GC and Maintenance Ca INSURER C:Chartis Specialty Insurance Company 26883 39 Skyline Drive INSURER D:Westchester Surplus Lines insurance Company 10172 Suite 1017 INSURER E: Lake Mary,FL 32746 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS-IS TO''CERTIFY THAT THE POLICIES OF 'INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY) (MM/DDIYYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE a OCCUR MACGL000000905302 04/1212013 04/1212014 PREMISES Ea occurrence $ 50,00 X H&NO,WOS,PNC, MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,00 POLICY JET F-1 LOC PRODUCTS-COMP/OP AGG $ 2,000,00 OTHER: $ AUTOMOBILE LIABILITY CEO aBBIINdED SINGLE LIMIT $ 1,000,00 B X ANY AUTO BA550SX10714 0310812014 03/0812015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident S UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 8,000,00 C X EXCESS LIAR CLAIMS-MADE 042905492 04/12/2013 04112/2014 AGGREGATE S 8,000,00 DIED I I RETENTION$ $ WORKERS COMPENSATION PER OT AND EMPLOYERS'LIABILITY YIN STATUTE ERA ANY PROPRIETOR/PARTNER/EXECUTIVE F] NIA• E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Pollution Liability G24344095002 12/01/2013 12/01/2014 Ea.Claim 1,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. f ' City of Miami Beach AUTHORIZED REPRESENTATIVE 1700 Convention Center Drive 3rd Floor Miami Beach FL 33139 - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD A CERTIFICATE OF LIABILITY INSURANCE 04;0/2014 """"�' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS -ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES C :LOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED .cEPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Paychex Insurance Agency Inc PAYCHEX INSURANCE AGENCY,INC. -P 150 SAWGRASS DRIVE (A/C,NO.EXT): 877-266-6850 (A/C,No): 585-389-7426 ROCHESTER,NY 14620 E-MAIL Certs @paychex.com A DRESS- INSURERS)AFFORDING COVERAGE NAIC# INSURED INSURER A: NEW HAMPSHIRE INSURANCE COMPANY 23841 Paychex Business Solutions,Inc. INSURER B: ECO CONSTRUCTION MAINTENANCE Eco Construction&Maintenance INSURER C: 911 PANORAMA TRAIL SOUTH INSURER D: ' ROCHESTER,NY 14625-0397 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD `�"INDICATED.NOTWITHSTANDING ANY REQUIREMENT,'TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS -TR INSR WVD (MM/DDNYYY) (MWDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS-MADE CCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY =PROJECT=LOC $ fOMOB1LE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED SCHEDULED BODILY INJURY $ AUTOS AUUOTNNOS (Per person) HIRED AUTOS AIJTOS � BODILY INJURY $ (Per accident) PROPERTY DAMAGE (Per accident) $ $ UMBRELLA L1AS OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND X WC STATU- OTH- EMPLOYERS.LU►sIUTY 013257480 06/01/2013 06/01/2014 E.L.EACH ACCIDENT $ 1,000,000.00 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? FN�Y E.L.DISEASE-EA EMPLOYEE $ 1,000,000.00(Mandatory in NH) J N/A X E.L.DISEASE-POLICY LIMIT $ 1,000,000.00 If yes,describe under DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Workers Compensation coverage is provided to only those employees leased to,but not subcontractors of the named insured. Client Inception Date with PBS is 12/26/2013 Waiver of Subrogation granted in favor of the certificate holder. CERTIFICATE HOLDER CANCELLATION CITY OF MIAMI BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 1700 CONVENTION CENTER DRIVE DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY 3RD FLOOR PROVISIONS,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR MIAMI BEACH,FL 33139 LIABILITY OF ANY KIND UPON THE COMPANY,rrS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD rM i —�5 �V d� � K .�f•s. ��9 �4'l�' SF'g`3'� . W�'� k �'Y�t, �33. F �'-.' ;s,��.b'�y.�$Y..a•y,2 !r..�'a�{ � � _ � 1 of!y,.' `.4444 4 �3 .§r �� "�� €$r z k k3,,.•� � 1 � � y '�t � : ".t"F•�+`?u�.Y^d`ors "��s•P��" z�4�,;>�., % •' ; Y ; > � ............... Its A KAY gA Par It 1M. AM of r p a t Ny� ast. .z�Y'x• t 16 c ?�, >•a � d i Al Qyj �{` ti � v.::'T�•T v r�`ra�'��-;; �x L - F � F,p '� �.`�a°,i� ��1 � � f,.We ONO f; f •. .s h N.3,ga..et�.- .5 °N 2`xk 'tY'_a.# s r, .y. a �+��'2' 't ♦.. ,a t 1 N r< ` IMF . e 5 r : Ali � y fill {.,�t� '<f Chi .tf j C. Sa €, i .` 5 Scus�' Y a F -- f; ° ' a..` r„'3za'C 2•°"kr�'-;:7^5 'Sr.•,' `��. .i..5 ,a•._ . .� ,`�<.-2 .:. :» Y: Ir EL$ �� 7 h�• i1U t- i T Z E :Q TA o � A a d a " f A_z N 3_a 8 z� IL u CL e' - 4 J - J Imo- . - - S � Z � O 7. k `� a J � W 0 I �• V SI Lt k� R s Lu u N �L 7 T} _I N tL I ° tC lull 4 a s p 1 Rz pz 1 aj Od d J-4 i cc V - 7 W - N p � i ' � s Q d ,�. F o w VI Y W � - - - — a Lo W — LLII s cg r =e r s d iw o g Z 1 C 1 J � 2 Q l 1 3 JI L y 1 1 ui / I 0 1 I 1 1 u4-.0► � 1- V W O _ D I� ,A1-A „0-.LL Ina I 1 1 U¢� s s s 0 r 6 i z € 0 i INTRODUCTION ECO CONSTRUCTION AND MAINTENANCE MANAGEMENT,LLC and all companies included in the Group(henceforth referred to as ECO or the Company)value the fact that all the operations of the Company are characterised by honesty, integrity and fair play. Thus, it is vital to ensure that dishonesty, disloyalty or corruption does not harm ECO's good reputation. ECO has a zero tolerance policy on bribery and corruption.This applies to all the Company's business dealings and transactions in all the countries in which the Company or its subsidiaries and business partners operate. What is considered as a bribe is regulated in each countries legislation. ECO particularly wish to point out,that the Company do not take any commission from our suppliers. Should any of our Company employees, openly or implied, ask for a commission of any kind,the supplier is requested to immediately-inform ECO. As a business partner/supplier to ECO you should read and comprehend with the content in ECO"s Code of Ethics and comply with its policy in all your business dealings with the Company employees. All business carried out with or on behalf of ECO should always be conducted in accordance with the Company Code of Ethics and follow related laws and regulation in the Country of business ECO is committed to continuously reviewing and updating its policies and procedures,therefore this Code of Ethics can be subject to modification. Please sign the compliance commitment at page 3 of this Code of Ethics.Return to the Company, indicating that you have received,read,understand and agree to comply with the ECO Code of Ethics. ADVANTAGES In the conduct of Company business it is a violation of ECO Code of Ethics if a business partner/supplier offers any kind of advantage to a Company employee. It is an ECO policy to prevent its employees from requesting,accepting, arranging, offering or giving any kind of advantage. The term"advantage''could include,but is not limited to:gift,loan,money(regardless currency), fee,reward,journeys, service,bonus,vouchers of any kind, order samples for personal use, employment contract, discount on private purchases and other favours such as sponsoring and event tickets. ECO does not allow the offer or receipt of hospitality whenever such arrangements could affect the outcome of business transactions, i.e.the purpose is to obtaining or retaining business with ECO. Instead of gifts ECO recommends our business partners to give a donation to charity. ' CONFIDENTIAL INFORMATION Employees and/or business partners of ECO must never disclose confidential company information to any person outside or within the Company, except with a prior permission from the Company. Confidential information includes but is not limited to;ECO's financial and commercial relationships,buying, offers, strategies,supplier information,information on suppliers' capacity, IT solutions, campaigns,new sales markets,analyses,sensitive personnel data, information concerning ECO and/or the business carried on within ECO and which is not generally known outside the Company; in other words,has not been published or otherwise communicated by or through ECO. COMPLIANCE All ECO business partner/supplier should read and comprehend with the content in ECO's Code of Ethics and comply with all applicable policies and procedures specifically mentioned in this Code of Ethics. All ECO business partners/suppliers have the responsibility to inform their employees and subcontractors about the content in ECO's Code of Ethics and to secure their compliance. A deliberate violation of the ECO Code of Ethics will lead to termination of all business connections with the Company. Since most sections of ECO's Code of Ethics follow the law in each country where the Company : operates,any deliberate violation of these guidelines may be a criminal act. A criminal act under the law as stated in the Code of Ethics may result in prosecution If you,your employees or subcontractors or any other representative of your company,have questions concerning the meaning or application of ECO's Code of Ethics or noticed anything that is violation against the Code of Ethics,please contact the Company Controller or email to: davknCZy:eco_c.com ECO CONSTRUCTION AND MAINTENANCE MANAGEMENT, LLC CODE OF ETHICS COMPLIANCE COMMITMENT We hereby confirm that we have received and taken part of ECO's Code of Ethics, i.e. read and comprehend with the content in page 1-2. We commit to comply with ECO's Code of Ethics,to take the responsibility to inform all our concerned employees and subcontractors about the content in ECO's Code of Ethics and.to make sure they comply with the Code accordingly. If 1, or any other representative of my company or subcontractors,have questions concerning the meaning or application of ECO's Code of Ethics,or any other ECO policies,we know that we should contact the Company,knowing that our questions or reports to these sources will be maintained in confidence. I t 0 m O p 0 • rn CD CL m 'n Z � ° Z D ca 0 z o 0 0Z C z D rn z � m > Cl) z 0 � CD 0 0 m 0 ® Z w � > Id _ z C c m 0 0 z � b �c Z G) m b � � m Z V r r 1 A