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Signco dba Sign Craft, Inc.ct\ (P„ INVITATION TO BID FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER BID NO. 45-00/01 BID OPENING: AUGUST 16, 2001 AT 3:00 PM /1:1 A PRE-BID CONFERENCE IS SCHEDULED FOR 11:00 A.M. ON JULY 26, 2001 AT THE FOLLOWING ADDRESS: MIAMI BEACH CONVENTION CENTER FOURTH FLOOR EXECUTIVE OFFICE 1901 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/27/01 1 CITY CLERK CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www. ci. m i a m i-beach.8.us To: From: Jorge M. Gonzalez City Manager COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Date: December 11, 2002 Subject: REQUEST FOR APPROVAL TO AWARD A CONTRACT TO SIGNCO D/B/A SIGN CRAFT, INC., IN THE AMOUNT OF $207,461, PURSUANT TO BID NO. 45-00/01 FOR THE FABRICATION AND INSTALLATION OF AN EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER ADMINISTRATION RECOMMENDATION: Approve the Award. FUNDING: $207,461 Funding is available from the Convention Center Capital Account Fund No. 441-2200-069358. ANALYSIS: Total funding in the amount of $34,727,820 has been appropriated from Fiscal Year (FY) 96/97 through 02/03, for the Convention Center and Jackie Gleason Theater of Performing Arts (TOPA) Capital Projects. Pursuant to the City Commission request for balance updates to be presented with Convention Center capital project requests, current preliminary figures through November 26, 2002 show $19,274,576.90 disbursed, with an additional $1,508,975.21 encumbered for projects in progress. The total funding available was $35,000,000. It is estimated that the City will not need to expend funds from the $10,000,000 held for the Cultural Arts Council before the end of FY 2002/03. Funding was appropriated by the City Commission in the amount of $1,100,000 for FY 98/99 for providing environmental graphics, design, and engineering services for the Miami Beach Convention Center signage program, which included the citywide way -finding signs, exterior pylons and LED message boards, and the interior/ADA signage program. The way - finding portion of the project is now combined with the citywide signage. A Request for Proposals (RFP) No. 134-96/97) was issued on September 22, 1997 for Architectural/Engineering Services for the Convention Center Signage Program. The City Commission accepted the Administration's recommendation to enter into negotiations with the top-ranked firm of Tom Graboski Associates Inc. ("The City's Consultant") on February 4, 1998. The City's Consultant worked with the schematic master plan for the area submitted by Wallace Roberts & Todd. That plan was approved conceptually by the Tourism and Convention Center Expansion Authority (TCCEA) and the current Convention Center Capital Oversight Committee (April 24, 2001). 6 Bid No. 45-00/01 December 11, 2002 Page Two ANALYSIS (Continued): The plan encompassed the pylon sign on 17th Street and Convention Center Drive, with the intent to provide information on events at the Convention Center and serve as a directional for way -finding. The smaller pylon signs in front of C and D Halls are designed to provide information on Hall activities and directional maps of area attractions, with primary focus on hotels, restaurants, and shopping. The six LED cabinets, located on the bus canopies are intended to provide specific information on activities in each Hall. The project was originally approved by Design Review Board (DRB) on August 3, 2000. However, an extension was requested by the Convention Center and subsequently granted by DRB for permitting purposes on April 17, 2001. Once projects are approved by DRB, permits must be pulled within one year. The City Commission requested and was granted a waiver of the Sign Ordinance on April 18, 2001, at which time DRB reconsidered the placement of the "icon" at the top. The placement of the "icon" on the top was approved by DRB on October 16, 2001. Subsequently, Invitation to Bid No. 45-00/01 (the "Bid") was issued on July 6, 2001. A pre- bid conference and site inspection was held on July 26, 2001. The Bid opening date was extended numerous times to provide adequate answers to questions received from potential bidders. A formal letter of protest was received on March 11, 2002 from Animated Display Systems, Inc. (ADS) ADS's protest was resolved by revising the specifications to the mutual agreement of the City's Consultant and ADS. A final addendum (#21) was sent out May 1, 2002, which extended the Bid opening date to May 9, 2002. DemandStar by Onvia issued bid notices to (1979) prospective bidders, resulting in (76) vendors requesting bid packages, which resulted in the receipt of eight bids of which six were deemed responsive. The Scope of Work for this Project consists of the fumishing of all labor, machinery, tools, means of transportation, supplies, equipment, materials, for the design, fabrication and installation of the Convention Center Exterior Signage Package consisting of nine (9) signs: One (1) large Pylon Sign; two (2) small ID Pylon Signs; and six (6) canopy LED units. All signs will have a one (1) year warranty on workmanship and parts, and a five-year Maintenance Agreement, which will require the Contractor to respond within a 24-hour time -frame. Sign Craft, Inc., will substantially complete the work within ninety (90) calendar days, from the issuance of the Notice to Proceed, with final completion within thirty (30) calendar days thereafter. Performance and Payment Bonds each in the amount of one -hundred (100%) percent of the contract price will be required. 7 i Bid No. 45-00/01 December 11, 2002 Page Three ANALYSIS (Continued): References have been checked by the City's Consultant, Dun and Bradstreet reports have been secured, and the successful bidder comes highly recommended. Sign Craft Inc. has been in business for over 30 years, of which 10 years have been as a Specialty Electrical Contractor (Sign Specialist), and pursuant to the information obtained, Sign Craft provides quality work and completes all jobs within the required completion dates. Attached is the bid tabulation which shows Sign Craft, Inc. as the lowest and best bidder. Sign Craft, Inc. will be providing the Large Exterior Pylon Sign (Electronic Message Center Sign) which will be manufactured by Daktronics, Inc. The City's Consultant (Tom Graboski) has attended a demonstration by Daktronics, and has indicated that this system will more than meet the City's specifications/requirements. Tom Graboski has stated in his recommendation of award letter to the City, that the red LED is better suited to meet the City's requirements, than the amber. It is brighter and having one less LED pixel would use less electricity to operate. Mr. Graboski is knowledgeable and satisfied with the availability of replacement parts (Daktronics) and the ability of Sign Craft and Daktronics to provide any/all maintenance within a 24-hour time -frame. The Design Review Board approved the project on October 15, 2002, with the exception that the large pylon sign be reduced in height, which is subject to staff approval. Subsequently, the City's Consultant has submitted the Revised LED Pylon Elevation Sheet No. 2, dated 11/11/02, to be included as part of the contract documents (Specifications). These revisions were provided to Sign Craft for their review, and they have stated that they will accept and comply with these revisions, at no additional costs to the City. In turn, this provides the required time extension to obtain the permit. CONCLUSION: Based on this analysis, the City recommends that the contract be awarded to the lowest and best bidder, Signco d/b/a Sign Craft, Inc. F:IPURC $ALLUGHN\COMMIMBCC SIGNAGE 2a.doc 8 Bid No. 45-00101 December 11, 2002 Page Four ANALYSIS (Continued): VENDOR SSI nco d/b/a Sign Craft Ben is Signs Automated Display Systems * EK's Neon Signs `• 1 Animated Display Systems " " " " (ALT.) 1 Carivon Construction Company Claude Neon/Jim Pattison Sign Group I Don Bell Signs, LLC BID TABULATION: LUMP SUM $207,461 $248,298 $239,570 $247,460 $360,000 $379,456 $423,245 $339,553.90 $580,545 MAINTENANCE AGREEMENT 15 YEARS) $27,175 $15,000 $31,200 $52,800 $38,000 $38,000 $5,000 $144,310.20 $105,000 TOTAL $234,636 $263,298 $270,770 $300,260 $398,000 $417,456 $428,245 $483,864.10 $685,545 • Bidder failed to submit the required Bid Guaranty, and did not acknowledge Addendum No. 15 and 21, as required. •• Bidder failed to submit the required Bid Guaranty, the required number and size of Protects to meet the Minimum Requirements. 9 MAST FEATURE TO MATCH ARCHITECTS WHITE 1 2-4' - 2-4' alPF BODY OF PYLON To MX -CH ARCHITECTS GRAY (CONTACT MECO OFFICES FOR Ell 4' Rvx..0 COLOR PLE) MIAMI HEACHY' CONVENTION CENTEL( 6' - 3' A OPEN SQUARES 1B'f' o'rmxq (Or El Ei EQ 4' Rvwuul� MAP (ELECTRONIC MESSAGE 8MARD S-'J'•7-9'ePPron.7 A) ARCHITECTURAL FEATURE OF ALUMINUM. waen+ PAM AS NOTED. DOTTED UNE SHOWS TOP & BOTTOM EDGES OF OPEN GRID ON SIDE B) OPEN SQUARE ALAS IN SIGN STRUCTURE C) ACRYUC PUSHED-THRU LETTERS, WHITE RETURNS (approx. 2' THK.) WITH 1/15' THICK ALUM. LAMINATE ON FACE PAINTED BLACK ATTACHED PERMANENTLY TO FACE OF LETTERS SET IN APPROX.1/2' FROM OUTER EDGE OF LETTERS. (SEE DETAIL). TYPEFACE MUST MATCH AS SHOWN IN ELEVATION DRAWING. ISOLATED INNER PIECES OF LEITERS (AS WITH THE LETTERS 'A', B , 0'. 'R') MUST BE FASTENED MECHANICALLY AND NOT WITH TAPE OR ADHESIVES. D) LED ELECTRONIC READER UNIT E) REVEAL FOR ACCESS & VENTILATION. F) PROPOS ILLUMINATED VICINITY MAP. 22' x ART BY MBCC/CRY. GI FLAME FINISHED GRANITE (match 'IMPALA R ACK/NERO AFRICA') 12' S0. TILES, BLACK GROUT. (NO STUCCO FIN. ALUMINUM ACCEPTED). FI) MAST PIECE OF ALUMINUM (OR STEEL) IF TEI'D FOR WIND LOAD STRENGTH. PAINTED WHITE EXTERIOR GRADE AUTOMOTIVE PAINT, NO SCREWS OR RIVETS EXPOSED. . g.-3. c 3'-9v2 4-72 -2 GENERAL NOTE: DEPTH DIMENSION.OF PYLON SHALL BE DETERMINED BY LED/SIGN CONTRACTOR, TO ALLOW FOR CONTAINING OF LED UNITS. REVISED ELEVATION - SIGN TYPE 'A' - EAST ELEVATION (DOUBLE FACED) SCALE: 1/2's 1' O' Tan Aredols. I. . Ensign [1r oEl °si.Suw 1O1 303.669.1550 Fav 305.669.2519 Client/Project Imo Raw MIAMI BEACH CONVENTION CENTER Rowson: EXTERIOR SITE & VICINITY SIGNAGE 10 11/11/02 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci. miami-beach.ftus PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 1 July 10, 2001 Telephone (305) 673-7490 Facsimile (305) 673-7651 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. Replace Page 51 of the Bid Package with revised Page 51 as per the following Attachment I. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je Attachments: ATTACHMENT I - Revised order Form, Page 51 (Amended) C.O.D Order T-SQUARE ATTN:CARMEN DAVILA FAX 305-324-8040 PHONE 305-3241234 EX. 320 CITY OF MIAMI BEACH BID # 45 Authorized by : Roman Martinez Fax: 305.324-8040 Complete Set 11x17 Plans 18 Pages Others Price per SQ.FT $ .12cnts full size/ half size $ 1.00 per first copy &.45 second copy Total (MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER) COMPANY NAME: ORDER BY: Bill to: COD T -Square Acct# 613204 Cash: Credit Card # Visa:_ Amex:_ Master:_ Other: Ex. date In the name of: Authorization signature Ship TO: CityState zip code Phone: Fax: Contact name Title Received by: shipped by: UPS # FEDEX # Received by: shipped by: UPS # FEDEX # Next day air _ Next day air saver Ground Second day air AM Second air Three day select Handling charge $ Order received by T -Square: Title: ANY QUESTION AT T-SQUARE PLEASE CALL 305-324-1234 ASK FOR: Rusty James = VP Production Don Walker = Production Dto Jesus Luya = Production Dto. Veronica Lorza = Account Manager Carmen Elena Davila = Sales Manager = Ext.202 = Ext. 224 = Ext. 224 = Ext. 230 = Ext. 320 If you already have account with T -Square please used your account # to please de order. BID NO: 45-00/01 Thank you for you business. CITY OF MIAMI BEACH Attachment 1 - (Amended) DATE: 6/25/01 51 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\tci. miami-beach.fl. us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 2 August 10, 2001 (L_ Telephone (305) 673-7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: L The Bid Opening date is changed from August 16, 2001 to August 23, 2001 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl. us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 3 August 16, 2001 Telephone (305) 673.7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from August 23, 2001 to September 14, 2001 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:llci.miami-beach.f I. us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 4 September 10, 2001 Telephone (305) 673-7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from September 14, 2001 to September 21, 2001 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci. m iami-beach.f I. us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 5 September 17, 2001 Telephone (305) 673.7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from September 21, 2001 to October 26, 2001 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci. miami-beach.fl. us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 6 September 24, 2001 Telephone (305) 673-7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from September 21, 2001 to October 26, 2001 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci. miami-beach.fl. us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 7 October 23, 2001 Telephone (305) 673-7490 Facsimile (305) 673.7651 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from October 26, 2001 to November 27, 2001 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci. miami-beach.fl. us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 8 November 19, 2001 Telephone (305) 673-7490 Facsimile (305) 673.7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from November 27, 2001 to January 11, 2002 at 3:00 P.M. II. The Bid Opening has been extended several times due to the fact that specifications are being revised. Subsequent addenda will follow. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH • t Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:l\ci . m is m i -beach. f I. us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 9 December 17, 2001 Telephone (305) 673-7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is scheduled for January 11, 2002 at 3:00 P.M. II. Clarification; a) Based on the review of the current specifications by the Consultant, for the Spectacor Management Group, the specifications will not be revised. b) The deadline for the receipt of questions to the Procurement Division is December 28, 2001. (305.673.7851) c) Bidders are not required to acknowledge this addendum, or any of the eight (8) previous addenda. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci. miami-beach.0.us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 10 December 28, 2001 Telephone (305) 673-7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from January 11, 2002 to January 25, 2002 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH -- 1 Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\c i. m i a m i -be a ch. f I. u s PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 11 January 15, 2002 Telephone (305) 673-7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from January 25, 2002 to February 8, 2002 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH 1. Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http: \1ci. m i a m l-beach.fl. u s PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 12 February 1, 2002 Telephone (305) 673-7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from February 8, 2002 to February 22, 2002 at 3:00 P.M. Additional addenda will follow. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:11ci. m iami-beach.fl. us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 13 February 19, 2002 Telephone (305) 673-7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from February 22, 2002 to March 1, 2002 at 3:00 P.M. Additional addenda will follow. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Itf�%,,6''' Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl. us PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 14 February 27, 2002 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: 1. The Bid Opening date is changed from March 1, 2002 @ 3:00 p.m. to March 13, 2002 @ 3:00 p.m. Additional addendum will follow. In as much as this change does not materially affect the bid document proposers are not require to acknowledge addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director C:\45-00-01 addenduml4.doc CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci. m i a m i-beach.f I. u s PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 16 March 11, 2002 Telephone (305) 673-7490 Facsimile (305) 673-7651 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: Based of the City's receipt of a protest to the bid specifications for this project, the bid opening will be postponed until further notice. Firms who have already submitted bids and would like to have their bid returned, please request so in writing to the Procurement Division. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\c i. m i a m i -b each.fL u s PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 15 March 1, 2002 Telephone (305) 673-7490 Facsimile (305) 673.7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: NOTE: THIS IS THE ONLY ADDENDUM BIDDERS ARE REQUIRED TO ACKNOWLEDGE ON PROPOSAL PAGE 3 OF 5, OF THE BID DOCUMENTS. NO ADDITIONAL ADDENDUMS WILL BE ISSUED. L Clarification: ADSYSTEMS, AUGUST 14, 2001 1. Color of LED: The color of the LED is to be red for all signs. 2. Size of LED Matrix and Display Area: We are not able to specify the exact sizes of the LED Matrix and Display Areas. However, based on Tom Graboski Associates, Inc. (TGA) Design Intent Drawings the dimensions of the display areas of the LED's in our drawings are flexible, to some degree. Our dimensions for the Main Pylon are based on a display area that could utilize an 85 -inch center to center, 8 LED's vertically and horizontally in 6.8" square modules. A display area of 40" x 96" would be acceptable. This is open to recommendations based on the desired effect described in the design intent specifications, which will be reviewed between and approved, by both TGA/Consultant of Record and the SMG/City/Owner. TGA will address this as one of the issues, in their written recommendation of award letter to the City. The small pylon LED's and canopy cabinets should be sized to allow for the same graphics to be displayed at a smaller scale (although the displaying of different messages should also be possible). The dimensions for the small pylon LED's and canopy cabinets shown in the TGA drawings are for "design intent". BID NO. 45-00/01 ADDENDUM NO. 15 PAGE 2 The awarded contractor must submit shop drawings with modified sizes for review and subsequent approval by TGA and the City. 3. Number of lines of copy on LED display: Allow for flexibility of one to three lines of copy. 4. The use of plastic or aluminum louvers: Aluminum louvers are the specification. 5. Conflict in Detail Dimensions: Dimensions for the Main Pylon ID sign should be based on the details shown on TGA Sheet 02. It is not clear in the memo sent which detail dimensions are in conflict. Some of the sheets referenced do not correspond with the TGA drawing sheets. 6. The use of incandescent lens technology: Incandescent lens technology is unacceptable. LED technology is hereby specified. 7. The use of a protective glass or plastic LED cover: The intent for use of this was to protect people from contact with the units. The under canopy units should use a cover. It may be that this is not a good option for the Main ID Pylon. This is open to recommendations based on the desired effect described in the design intent specifications, which will be addressed as one of the issues, in the TGA written recommendation of award letter to the City. A standard non -podded LED is acceptable. ADSYSTEMS OCTOBER 15, 2001 1. Conflict in Detail Dimensions: Dimensions for the Main Pylon ID sign should be based on the details shown on TGA sheet 02. It is not clear in the memo sent which detail dimensions are in conflict. 2. The use of Allen Gap LED's and Louvers: These are acceptable. BID NO. 45-00/01 ADDENDUM NO. 15 PAGE 3 ADSYSTEMS DECEMBER 17, 2001 1. Is this a bid situation or request for Proposals: This will remain an Invitation to Bid. (#45-00/01). Should prospective bidders wish to take exception to, or dispute the current specifications, they can either request specific clarification of a proposed specification, in writing to the Procurement Division by March 5, 2002, and/or submit in writing, a Protest Letter in accordance with Section 1.64 — Protest Procedures, Para. A. (Page 6 of this Addendum) BARON SIGN MANUFACTURING: 1. Computer Fiber Optics vs. Direct Broadcast: Since the bid specifications. do not specifically call for one system over the other, either could be proposed. The proposed system must comply with the design intent and accomplish equal or better visibility as well as utilize hardware that is reliable relative to what the market has to offer. Should it become necessary, this will be another issue addressed, by the Consultant after review between and subsequent approval by the City, in the Consultants written recommendation of award letter to the City. 2. Training by Manufacturer of LED Computer Operation: A minimum of eight (8) hours, for eight (8) people, or a total of sixty-four (64) hours of training is required. 3. Installation of electrical raceways: This will be provided via a separate Formal Bid, by a General Contractor who will be recommended for approval of award of said contract, by the City of Miami Beach. 4. Installation of computer related wiring and raceways: The Sign Contractor is required to provide all the computer systems necessary for the operation of the LED units. This includes the installation of the required data lines as part of the entire system. This question has been addressed already in the TGA Design Intent Drawings, Sheet lc, Sections 1.9, and 1.12, and on Sheets 7a, 7c, 08, and 09 in the drawing notes. BID NO. 45-00/01 ADDENDUM NO. 15 PAGE 4 5. Working hours: Please See Page 50, Section 10, Para. 10.8 - LIMITATIONS OF OPERATIONS, of the Bid documents. This will be addressed at the Pre -Construction Meeting with the Firm awarded this contract, just prior to the issuance of the Notice to Proceed. 6. Right to work permits: Please See Page 37, Section 7, Para. 7.3 — Permits, Licenses, Occupational Licenses, and Page 50, Section 10, Para. 10.6 — PERMITS. This also will be addressed at the Pre -Construction Meeting with the Firm awarded this contract, just prior to the issuance of the Notice to Proceed. 7. The depth of pylon cabinets: The TGA design drawings state in the specifications and drawing notes (sheet 03) the following: 1.6. DIMINSIONS WRITTEN SHOULD TAKE PRECEDENT OVER DRAWN DIMINSIONS. DETAILS AND DIMINSIONS ARE FOR DESIGN INTENT AND MAY REQUIRE VARIATIONS BY SIGN CONTRACTOR/L.E.D. MANUFACTURER TO ACCOMMODATE EQUAL OR HIGHER QUALITY OF FABRICATION. 1.7. CONTRACTOR (SIGN FABRICATOR) SHALL SUBMIT TO TGA SHOP DRAWINGS FOR REVIEW, COMMENT(S) AND SUBSEQUENT APPROVAL, PRIOR TO FABRICATION. GENERAL NOTE: DEPTH DIMENSION OF PYLON SHALL BE DETERMINED BY LED/SIGN CONTRACTOR, TO ALLOW FOR CONTAINING OF LED UNIT. (SEE PARA. 1.7 ABOVE) 8. Electronic bird control unit: Since the bid specifications do not specifically call for one power source over another, either could be proposed. However, all electrical power proposed and required must be coordinated and approved by the owner's electrician prior to installation. The proposed system must comply with the project's design intent and accomplish equal or better performance as well as utilize hardware that is reliable relative to what the market has to offer. BID NO. 45-00/01 ADDENDUM NO. 15 PAGE 5 NU -WAY SIGNS COMPANY 1. Please See Answer to Item #6 above, from Baron Sign Manufacturing. (LICENSES) 2. The supplying of electrical and data lines to the sign locations: The owner is to provide the electric lines to the sign locations of the small pylons and units mounted under the canopies. The electricity for the main large pylon is to be accessed by the Contractor (Sign Contractor) from the electricity provided by the City of Miami Beach. These sources are available at the intersection of 17`s Street and Convention Center Drive. Accessibility will require coordination between the City, Public Works, The Convention Center Management (SMG)and the Contractor. Contractor shall be responsible for initiating this coordination. The Contractor is required to provide the computer systems necessary to operate the LED units (at the building) as well as provide and install the data lines as part of the entire system. The computer controls for the main large pylon is to utilize remote computer control technology as preferred by the Convention Center/City. 3. Providing computer systems for the LED signs: The Contractor is required to provide the computer systems necessary to operate the LED units as well as provide and install the data lines as part of the entire system. This question has been addressed already in the TGA (Tom Graboski Assoc.) Design Intent Drawings, Sheet lc, Sections 1.9, 1.12. and on sheets 7a, 7c, 08, 09 in the drawing notes. BID NO. 45-00/01 ADDENDUM NO. 15 PAGE 6 ADD: The following Conditions to these Bid/Contract Documents: 1.64 PROTEST PROCEDURES: Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder") who has a substantial interest in, and is aggrieved in connection with the solicitation or proposed award of, a request for proposals (RFPs), request for qualifications (RFQs), request for letters of interest (RFLIs) or invitation for bid for goods and/or services (hereinafter, collectively referred to as the bidder) may protest to the City Manager or his or her designee. Protests arising from the decisions and votes of any evaluation or selection committee shall be limited to protests based upon alleged deviation(s) from established purchasing procedures set forth in the City Code, any written guidelines of the Procurement Department, and the specifications, requirements and/or terms set forth in any bid. A) Protest of Specifications (Prior To Bid Opening): Any protest concerning the bid specifications, requirements, and/or terms must be made within three (3) business days (for the purposes of this ordinance, business day means a day other than Saturday, Sunday or a national holiday) from the time the facts become known and, in any case, at least two (2) business days prior to the opening of the bid. Such protest must be made in writing to the City Manager or Procurement Director, and such protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. Failure to timely protest bid specifications, requirements and/or terms is a waiver of the ability to protest the specifications, requirements and/or terms. B) Protest of Award (After Bid Opening): Any protest after the bid opening, including challenges to actions of any evaluation of selection committee shall be submitted in writing to the City Manager or Procurement Director. The City will allow such bid protest to be submitted anytime until two (2) business days following the release of the City Manager's written recommendation to the City Commission, as same is set forth and released in the City Commission agenda packet, for award of the bid in question. Such protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. BID NO. 45-00/01 ADDENDUM NO. 15 PAGE 7 All actual bidders shall be notified in writing (which may be transmitted by electronic communication, such as facsimile transmission and/or e-mail), following the release of the City Manager's written recommendation to the City Commission. Reimbursement for Expenses. The City may request reasonable reimbursement for expenses incurred in processing any protest hereunder, which expenses shall include, but not be limited to, staff time, legal fees and expenses (including expert witness fees), reproduction of documents and other out-of-pocket expenses. Authority to Resolve Protests. The City Manager or his or her designee shall have the authority to settle and resolve a protest concerning the solicitation or award of a bid. Responsiveness. Prior to any decision being rendered under this Ordinance with respect to a bid protest, the City Manager and the City Attomey, or their respective designees, shall certify whether the submission of the bidder to the bid in question is responsive. The parties to the protest shall be bound by the determination of the City Manager and the City Attorney with regard to the issue of responsiveness. Decision and Appeal Procedures. If the bid protest is not resolved by mutual agreement, the City Manager and the City Attorney, or their respective designees, shall promptly issue a decision in writing. The decision shall specifically state the reasons for the action taken and inform the protestor of his or her right to challenge the decision. Any person aggrieved by any action or decision of the City Manager, the City Attorney, or their respective designees, with regard to any decision rendered under this section may appeal said decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suffered by the City and attorney's fees incurred by the City in defense of such wrongful action. Distribution. A copy of each decision by the City Manager and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. BID NO. 45-00/01 ADDENDUM NO. 15 PAGE 8 Stay of Procurements During Protests. In the event of a timely protest under this section, the City shall not proceed further with the solicitation or with the award pursuant to such bid unless a written determination is made by the City Manager, that the award pursuant to such bid must be made without delay in order to protect a substantial interest of the City. The institution and filing of a protest under this Code is an administrative remedy that shall be employed prior to the institution and filing of any civil action against the City concerning the subject matter of the protest. Protests not timely made under this section shall be barred. Any basis or ground for a protest not set forth in the letter of protest required under this section shall be deemed waived. At the time the City Manager's written recommendation for award of a bid is presented at a meeting of the Mayor and City Commission, the City Attorney, or his or her designee, shall present a report to inform the Mayor and City Commission of any legal issues relative to any bid protest filed in connection with the bid in question. The determination of the City Manager and the City Attorney with regard to all procedural and technical matters shall be final. 2.30 FINANCIAL STABILITY AND STRENGTH The bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. Bidders/Proposers, within ten (10) calendar days upon written request, shall submit financial statements for each of their last two complete fiscal years. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the bid submittal is from a Joint Venture, each Bidder/Proposer involved in the Joint Venture must submit financial statements as indicated above. Any Bidder/Proposer who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder/Proposer under federal bankruptcy law or any state insolvency, may be declared non- responsive. BID NO. 45-00/01 ADDENDUM NO. 15 PAGE 9 ADD: Bidders shall provide a list of at least four (4) references where the LED has been installed and currently working to full (100%) capacity. These references shall include a Point of Contact (Company, and Name of individual(s), with current phone number(s)). Also, as a final part in determining the responsiveness of the bids, (meeting specifications/design intent) the lowest, responsive, responsible bidder will be required to provide a demonstration of their proposed LED System for a final evaluation (Best Bidder) by TGA and the City. Should the LED System proposed by the lowest bidder be deemed as unacceptable/non-responsive, in meeting the minimum specifications/requirements of the "design intent", the next lowest bidder will be required to provide like demonstration, for a final evaluation (Best Bidder) by the Consultant of Record and the City. This process will continue until such time, a determination is made for an acceptable/responsive LED System, unless determined otherwise by TGA and the City. ADD: Usually, the City of Miami Beach Building Dept. will require an occupational license to work in the City. They usually will also require; A State Certified Contractor to provide: (1) Copy of the State Contractors Certification (2) Place of Business Occupational License (3) Liability & Property Damage Insurance Certificate to CMB (4) Workers Compensation or the Exemption A Dade County Licensed Contractor to provide: (1) Dade Certificate of Competency in the Discipline Licensed (2) Municipal Contractors Occupational License (3) Liability and Property Damage Insurance (4) Workers Compensation or the Exemption BID NO. 45-00/01 ADDENDUM NO. 15 PAGE 10 Bidders are required to acknowledge this addendum on Proposal Page 3 of 5, "Acknowledgement of Addenda", and shall submit a complete copy of this addendum with their bid, or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.m iami-beach.0.us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 17 March 21, 2002 Telephone (305) 673-7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from March 22, 2002 to April 9, 2002 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\cLmiami-beach.fl. us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 18 April 5, 2002 Telephone (305) 673-7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from April 9, 2002 to April 19, 2002 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:l\ci. m is mi-beach.fl.us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 19 April 17, 2002 Telephone (305) 673-7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from April 19, 2002 to April 26, 2002 at 3:00 P.M. Subsequent addenda will follow. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci. m is mi-beach.fl.us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 20 April 25, 2002 Telephone (305) 673-7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from April 26, 2002 to May 2, 2002 at 3:00 P.M. II. ADD: Minimum Requirements: Prospective Bidders (Sign fabricator) must have a minimum of 4 years experience in providing fabrication, installation, and maintenance of Exterior Electronic Signage as identified in these bid specifications, on a minimum of three projects, with a single project dollar amount of seventy - thousand dollars ($70,000.) or higher. Contractor must have a local Miami -Dade County electrical sign contractor license or State of Florida certification as an electrical sign contractor, or have a Miami -Dade County electrical contractors' license. Out of state (Florida) bidders may team with a local licensed contractor to satisfy this requirement. NOTE: Copies of all required Licenses and Certifications for this Project, along with any/all pertinent Reference(s) information, that indicates that the Bidder meets all of the above stated Minimum Requirements, shall be submitted with their bid. These License/Certification requirements are standard procedure(s) by the City of Miami Beach's Building and Zoning Department, in order to obtain the required sign permit(s). III. REVISE: The current Bid Specifications shall be replaced with the revised Bid Specifications dated 3/25/02. (Drawings # la — ld, 02, 02a, 03 — 06, 7a, 7aa, 7b, 7c, 08, 09, 09a) These Drawings are available in the Procurement Division, located on the 3rd Floor of City Hall, at 1700 Convention Center Drive, Miami Beach, Fl 33139. Prospective Bidders must request these drawings, in writing, to the Procurement Director @ (305) 673-7851. Bid No. 45-00/01 Addendum No. 20 Page 2 IV. CLARIFY: The City of Miami Beach Procurement Division, will notify at a minimum, the three (3) lowest and best Bidders, that they will be required to provide a "Demonstration" of the L.E.D. unit of approximate size and color similar to the unit, the Bidder proposes to provide to the City. The demonstration will be conducted on May 9, 2002, on the West side of the Miami Beach Convention Center. The demonstration period will be conducted from 9:00 a.m. to 12:00 a.m. (midnight) on May 9, 2002, and a representative shall be available during the demonstration period to demonstrate capabilities, options, maintenance procedures, etc. to the City and Convention Center personnel. The L.E.D. unit shall display brightness (day and night) and be monochrome red as specified in the bid documents. V. ADD: VI. ADD: VII. ADD: Shop drawings are due from the Contractor awarded this Project, thirty (30) calendar days after the Pre -Construction Meeting at which the Notice to Proceed will be issued. The Shop drawings submitted by the sign fabricator shall be complete and ready to be submitted through the normal sign permitting procedures. Complete Shop drawings by the sign fabricator shall include, but not be limited to, structural and electrical engineering as required to meet all local, state and national codes, and to meet the Miami -Dade County Hurricane wind load requirements. Drawings must be signed and sealed by a State of Florida licensed engineer(s) in each profession as may be required. Shop drawings shall be delivered to the City of Miami Beach thirty (30) calendar days after the issuance of the Notice to Proceed,for comments and approval prior to submission for permits. Permits shall be obtained by the Contractor within thirty (30) calendar days from the Shop Drawings Approval Date, through the standard City of Miami Beach sign permitting process. The Contractor shall be Substantially Completed with the Work ninety (90) calendar days after the date the Contractor obtains the required permit(s) (See Item VI.) Bid No. 45-00/01 Addendum No. 20 Page 3 VIII. ADD: The following, regarding the Five (5) Year Maintenance Agreement: The L.E.D. Message Boards at the Convention Center will be maintained under the One -Year Warranty, which will become effective on the date the City of Miami Beach accepts the Project as complete. Thereafter, the successful bidder shall provide a Five (5) Year Maintenance Agreement for the L.E.D Message Boards, which shall include, at a minimum the following: • A FuH/Complete Maintenance Agreement inclusive of all parts and labor, to include bulb replacement, on an as needed basis. • The Maintenance Agreement shall include a response time less than 24 hours upon notification, from the City of Miami Beach's designated representative. • Should the successful bidder decide to sub -contract any of the Maintenance Agreement Work, they must request this in writing, and provide all pertinent information of said sub -contractor, along with a minimum of four (4) references to the City of Miami Beach Procurement Director for review and subsequent approval. (The proposed sub -contractor must have a minimum of five (5) years experience in providing maintenance work on similar L.E.D Message Boards identified for this Project) • Should the City decide to cancel the Maintenance Agreement, the City will submit this request in writing, by giving the Contractor a 30 -Day Notice of Cancellation. Bidders are required to acknowledge this addendum on Proposal Page 3 of 5 (Page 6), "Acknowledgement of Addenda", and shall submit a copy of this addendum with their bid, or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:11ci. miami-beach.0. us PROCUREMENT DIVISION INVITATION TO BID NO. 45-00/01 ADDENDUM NO. 21 May 1, 2002 Telephone (305) 673-7490 Facsimile (305) 673-7851 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER is amended as follows: I. The Bid Opening date is changed from May 2, 2002 to May 9, 2002 at 3:00 P.M. II. CLARIFY: Bidders are only required to acknowledge Addendum No. 15, 20 and 21 (this Addendum) on Proposal Page 3 of 5 (Page 6), "Acknowledgement of Addenda" III. DELETE: The word "local" from the previous Addendum (#20), Item II. Para. 1. IV. CHANGE: The last sentence of the above-mentioned Para. 1 to read; "Out of state (Florida) bidders may team with a Miami -Dade County or State of Florida licensed contractor to satisfy this requirement". V. CHANGE: Item IV, Sentence 1, from the previous Addendum (#20) to read; "The City Miami Beach Procurement Division, may notify at a minimum, the three (3) lowest and best Bidders, that they will be required to provide a "Demonstration" of the L.E.D. unit of approximate size and color similar to the unit, the Bidder proposes to provide to the City". VI. CHANGE: Item IV, Sentence 2, and 3 from the previous Addendum (#20) to read; "The demonstrations are tentatively scheduled to be conducted on May 16, 2002, on the West side of the Miami Beach Convention Center". "The demonstrations are scheduled to be conducted from 9:00 a.m. to 12:00 a.m. (midnight) on May 16, 2002, and a representative shall be available during the demonstration period to demonstrate capabilities, options, maintenance procedures, etc. to the City and Convention Center personnel". Bid No. 45-00/01 Addendum No. 21 Page 2 Bidders are required to acknowledge this addendum along with Addendum No. 15, and 20 on Proposal Page 3 of 5 (Page 6), "Acknowledgement of Addenda", and shall submit a copy of these addenda with their bid, or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:llci. miami-beach.fl. us PROCUREMENT DIVISION CITY OF MIAMI BEACH INVITATION TO BID NO. 45-00/01 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 16th day of August, 2001 for: FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER Scope of Work: The work specified in this bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the design, fabrication and installation of the Convention Center Exterior Signage Package which includes: One (1) large Pylon Sign; two (2) small ID Pylon Signs; six (6) canopy LED units, a total of 9 signs. The purpose of this signage package is to provide exterior directional information for the Convention Center, and to provide specific event information per Hall for our clients and patrons. The small pylon signs located outside the Halls C and D will also provide maps of Miami Beach with primary focus on hotels, restaurants, and shopping. The Contract will be awarded to a Contractor that will provide all services within the complete scope of work, which includes electrical, carpentry and landscaping. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The city is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre -Bid Conference has been scheduled for 11:00 a.m. on July 26, 2001, at the Miami Beach Convention Center, 4th Floor Executive Office, located at 1901 Convention Center Drive, Miami Beach, FL 33139. A Bid Bond of five (5%) percent of the bid amount will be required. The successful bidder will be required to furnish Perfonnance and Payment Bonds, each in the amount of one -hundred (100%) percent of the annual contract amount. The City has contracted with DemandStar by Onvia as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notifications or to obtain a copy of this RFP, go to www.demandstar.com or call toll-free 1-800-711-1712, and request Document #453. Subscribing to DemandStar by Onvia's bid notification system is not a requirement. You will still be able to find bid information and download documents through the City's website (httni/ci.miami- beach.fl.us). BID NO: 45-00/01 DATE: 6/27/01 CITY OF MIAMI BEACH 2 From the City's home page, click on Index, scroll down to Bids, RFPs, RFQs, etc., click on Bid Information and Bid Status, double click on Order (Actions Column), and double click on Download documents for a fee. You will be charged an administrative fee of $5.00 to download this document. Plans are available for this bid but must be ordered through T -Square. The attached order form on page 51 of this bid pakage must be completed and returned to T -Square before prospective bidders will receive requested plans and specifications. Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE 99-3164. A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE OF BUSINESS ETHICS', (`CODE') IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. Gus Lopez, CPPO Procurement Director BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/27/01 3 09 02 02:42p BID No. 45-00/01 BID PROPOSAL FOR FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER PROPOSAL PAGE I OF 5 PROPOSAL OF SIGNCO DBA SIGNCRAFT INC (Name) $355 GARjL ROAD WEST PALM REACH, FT 3104 (Address) (FOR) Constructing the improvements designated and described in the attached Notice to Contractors, and which said Improvements are designated as the FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER and more particularly set forth herein. SUBMITTED_AAY 9 2002 TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA: We the undersigned, hereby declare that no person or persons, firm or corporation other than the undersigned, are interested in this Proposal, as principals, and that this Proposal is made without collusion with any person, firm or corporation, and we have carefully and to our full satisfaction examined the attached Notice to Contractors, General Provisions, Specifications for Materials and Construction Methods, Supplementary Conditions, and form of Contract and Bond, together with the accompanying Plans, and that we have made a full examination of the location of the proposed Work and the sources of supply and materials, and we hereby agree to furnish all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the work, fully understanding that the quantities shown in the Notice to Contractors and Proposal are approximate only, and that we will fully complete all necessary work in accordance with the Plans and the attached Specifications, and the requirements under them of the Engineer within the time limit specified in this Proposal for the following unit prices to -wit: BID NO: 45-00/01 QTY OF MIAMI REACH n ATG• IJIVM A p.2 r May 09 02 02:42p BID No. 45-00/01 BID PROPOSAL FOR FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER PROPOSAL PAGE 2 OF 5 This bid shall include costs for furnishing to the City all material, equipment, and supplies and for all cost incurred in completing the work, including installation of all materials, equipment, and supplies furnished, complete in place and ready for continued service, including all tie-in work and testing, all other labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit. The Contractor shall be Substantially Completed with the Work ninety (90) calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment within one -hundred twenty (120) calendar days after the date when the Contract Time commences to run. Lump Sum: $ 207.461.00 TWO HUNDRED SEVEN THOUSAND FOUR HUNDRED SIXTY ONE AND N0/00 Written Amount Maintenance Agreement: (5 Years) $ 27,175.00 TWENTY SEVEN THOUSAND ONE HUNDRED SEVENTY FIVE AND NO/00 Written Amount *OPTION SAVINGS USING AF 3010 LED FOR SIX (6) CANOPY SIGNS $19,367.00 BID NO: 45-00/01 CITY OF MIANO BEACH DATE: 6/25/01 5 P-3 09 02 02:42p BID No. 45-00/01 BID PROPOSAL FOR FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR. THE MIAMI BEACH CONVENTION CENTER PROPOSAL PAGE 3 OF 5 ADDENDUM ACKNOWLEDGMENT ADDENDUM DATED SIGNATTLE OF PERSON SIGNING BID No. is 43/n7./o2 No. ?n 04125102 No. 71 ns/m / n2 Bidder accepts all of the tams and conditions of the Bidding Documents, including without limitation those dealing with the disposition of the Proposal Guaranty. In submitting this Proposal, Bidder makes all representations required by the Instructions to Bidders and further warrants and represents that: a. Bidder has examined copies of all the Bidding Documents, the Notice to Contractors, the Proposal Requirements and Conditions, and the following Addenda (receipt of all which is hereby acknowledged): b. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work Site, Locality, and all Local Conditions and Laws and Regulations that in any mariner may affect cost, progress, performance, or furnishing of the Work. c. Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.2 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those icfeuai to in (b) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents _including specifically the provisions of Paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 5/25/01 6 p . 4 p-5 09 02 02:43p BID No. 45-00/01 BID PROPOSAL FOR FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER PROPOSAL PAGE 4 OF 5 e. Bidder has reviewed and checked all information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities al or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorat.ons, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by Bidder in order to perforin and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions. £ Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to Bidder. g. FIRM'S NAME (Print or e): - SIGNCO DBA SIG CRAFT INC- - SIGNATU <- - TITLE/PRINTED NAME: ;'RESIDENT LINDA M. PRTISIF,C:RT ADDRESS: 8355 GARDEN ROAD WEST PALM BEACH, FL 33404 TELEPHONE NUMBER: 561-863-3660 FAX: 561-863-36601 BID NO: 45-00/01 CITY OF M1ANII BEACH DATE: 6/25/01 Mag 09 02 02:43p PROPOSAL PAGE 5 OF 5 The undersigned further agrees to perform all necessary "Extra Work", as provided for in the General and Supplementary Provisions and to execute the attached Contract within ten (10) calendar days after the date on which the Notice of Award has been given. The undersigned further agrees to commence work under this Contract within seven (7) days following the date indicated on the Notice to Proceed by the City and to Substantially Complete the Work and to fully and Finally Complete the Work with the Contract Time period as stipulated in the Agreement. The undersigned further agrees to pay as liquidated damages for each consecutive calendar day that passes after the Contract Substantial Completion date that the Work is not substantially completed, and. for each consecutive calendar day that passes after the Contract Final Completion date that the Work is not completed and ready for final payment, the amounts of liquidated damages being as stipulated in the Agreement The undersigned further agrees to furnish sufficient and satisfactory bond in the sum of not less than (10O%) one -hundred percent of the contract price of the work. The undersigned further agrees to bear full cost of maintaining all work until the final acceptance, as provided in the General Provisions. Accompanying this Proposal is a Bid Bond made payable to the City of Miami Beach, Florida in the sum of 5% OF BI MOUNT Dollars $ 5% OF BID AMOUNT Bid Bond is to be forfeited as liquidated damages if, in case this Proposal is accepted, the undersigned shall fail to execute the attached Contract under the conditions of this Proposal; otherwise, said Bid Board is to be returned to the undersigned upon the delivery • Satisfactory Bond. Signature & T P ESIDENT Address 8355 GARDEN ROAD WEST PALM BEACH, FL 33404 Telephone Number 561-863-3660 BID NO; 45-00/01 CITY OF MIAMI BEACH 8 DATE: 6125/01 p,6 p.9 09 02 02:46p CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By SIGNCO DBA SIGN CRAFT INC_ Principal Office 8355 GARDEN ROAD WEST PALM BEACH. FL 33404 How many years has your organization been in business as a General Contractor under your present business name? 37 YEARS Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? YES State of Florida occupational license - state type and number: ES0000174 Dade County certificate of competency - state type and number: ES000017 4 City of Miami Beach occupational license - state type and number. ___ES0000174 Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization bad? (A) As a General Contractor 37 YEARS (B) As a Sub -Contractor (C) What contracts has your organization completed? 1. BANK ATLANTIC PHASE II 2. TOWN CENTER BOCA RATON 3. CITY PLACE Contract Arnt Class of Work When Completed Name/Address of Owner 1. $700.000.00 CUSTOM ALLUE'INATEP SIGNAGE OCTOBER/2000 2. $650.000.00 INTERIOR. EXTERIOR. ILLUMINATED & NON -ILLUMINATED SIGNAGE OCTOBER/2000 3. $I,3000,000.00 INTERIOR, EXTERIOR, ILLUMINATED & NON -ILLUMINATED SIGNAGE AUGUST/2000 Have you ever had a contract terminated (as prime contractor or sub -contractor, under existing company name or another company naine) due to failure to comply with contractual specifications? NO If so, where and why? BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 9 May 09 02 02:46p Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? NO If so, state name of individual, name of owner, and reason thereof In what other lines of business are you financially interested or engaged? NONE Give references as to experience, ability, and financial standing ITST TERRY KROK 561-803-9897 What equipment do you own that is available for the proposed work and where located? (1) 60' ELLIOT BOOM TRUCK f91 R5' CRAuvc (i2) 55LADDER SPONCID TRUCK (1) 100' CRANES What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? FIDELITY FEDERAL BANK & TRUST 218 DATURA STREET WEST PALM BEACH. FL 33401 Please list die names and addresses of the subcontractors to be used for the portions of the work listed below. DAKTRONICS. INC. 331 32ND AVE P.O. BOX 5128 BROOKLINGS, SD 57006-5128 I HEREBY TIFY that the above ansy are true and correct. A PRUSIECKI RESIDENT BID NO: 45-00/01 DATE: 6/25/01 CITY OF MIAMI BEACH 10 (SEAL) (SIGNCRAFT) p.10 P. May 09 02 02:47p FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER CUSTOMER REFERENCE LISTING Contractor's shall furnish the name;, addresses, and telephone numbers of a minim n of four (4) fines or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 1) Company Name CITY PLACE Address Ron s. RosEMA,RY AVE WEST PALM BEACH, FL 33401 Contact Person/Contact Amount JACK PEERS $1,300,000. oo Telephone Number 561-837-8094 2) Company Name Address BANK ATLANTIC PHASE II 1750 E. SUNRIZE BLVD. FT LAUDERDALE 33310 Contact Person/Contact Amount ART WILDE, S.P. V.P. $700,000.00 Telephone Number 954-984-9272 3) Company Name OAKS MEDICAL CORP. Address 980 N. FEDERAL HIGHWAY #200 BOCA RATON, FL 33442 Contact Person/Contact Amount DAVID FLETT $100,000.00 Telephone Niunber 561-391-6750 4) Company Name OCEON PROPERTIES LTD Address 10 N. OCEON BLVD DELRAY BEACH, FL 33483 Contact Person/Contact Amount ANDY BERGER V.P. $80,000.00 Telephone Number 561-279-9900 BW NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 11 11 AGREEMENT THIS AGREEMENT made this 11`h day of December 2002. A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and SIGNCO DBA SIGNCRAFT, INC. hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated "FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER" by said City, do hereby mutually agree as follows: 1. This Agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 The Contractor shall be Substantially Completed with the Work within ninety l / (D `i (90) calendar days after 4711.. dal—. .1-7.: tit C:ruLa:it Time semenc-- to rnn ac , and completed and ready for 44' 1.1 . a • final payment within one -hundred twenty (120) calendar days after the date when 19,N y"ctS kikte.4.1S-t- vIr the Contract Time commences to run. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 12 3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 3.1 above (or alternate bid item No. 1, if awarded by City) plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of Two Hundred Dollars ($200.00) for each calendar day that expires after the Contract Time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time, Contractor shall pay Owner Two Hundred Dollars ($200.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of Owner's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govem as determined by the City. 6. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. 7. The Contractor shall file with the Procurement Director of said City of Miami Beach a Performance and Labor and Material Payment Bond, each in the amount of 100 percent of Contract Amount, in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent authorized to do business in the State of Florida. 8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 13 10. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Proposal, attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. Contract Price: 5207.461.00 11. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided n the General Conditions. IN WITNESS WHEREOF the said City has cau the City of Miami Beach, Florida and its corpora City of Miami Beach and the said Contractor MEST:T: kititta„ City Clerk aye r V d this Agreement to be signed by the Mayor of be affixed, attested by the City Clerk of the tit' Agreement to be signed it its name. F MIAMI BEACH oaf CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] ATTEST: (Se (Corporate Seal) [If not incorporated sign below.] WITNESSES: Appy AS TO FORM imecums -00/01 _y CONTRACTOR (Na yelf Corpor ion) By: (Signature (Print Name and Title) a day of 201. CONTRACTOR (Name of Firm) (Signature) (Print Name and Title) 3 CITY OF MIAMI BEACH 14 Bond #MB4778 PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA ) ss COUNTY OF ) PALM BEACH KNOW ALL MEN BY THESE PRESENTS that we,SIGNCO CORP DBA: SIGN CRAFT INC ONZRAG?JR5 BONDING /AND Principal, hereinafter called Contractor, and CINSURANCE COMPANY as Surety, are firmly bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of Dollars ($207,61.09, 4 for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. *Two hundred seven thousand, four hundred sixty one and no/100 Dollars WHEREAS, Contractor, on the 11 day of DPOPin1,Pr , 20D 2 , entered into a certain contract with the City, hereto attached, for BID NO. 45-00/01, Entitled, " FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER" which Contract is made a part hereof by reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in defauh under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: L Complete the Contract in accordance with its terms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The tenn "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 15 No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and against any and all liability, loss, cost, damage or expense, including reasonable attomeys fees, engineering and architectural fees or other professional services which the City may incur or which may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and performance of said Contract by the Contractor. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or famished according to the terms of the Contract Documents. If no specific periods of warranty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period of one (1) year from the date of final acceptance by the City of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided by law. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 16 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the corn . l 4th day of,Tan„ary 20 n WITNESS: COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: #ffs A. A HU ( ' py of Agent's current License as issued by State of Florida Insurance Commissioner BID NO: 45-00/01 DATE: 6/25/01 PRINCIPAL: (If sole Proprietor or partnership) Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) SIGNCO CORP DBA: SIGN CRAFT INC. (Co i • • : Name (President) Attest: / & (Secretary) (CORPORATE SEAL) SURETY: CONTRACTORS BONDING AND INSURANCE CO By: (L D Attorney-in-fact PHYLLIS A. ARTHUR (Power of Attorney must be attached) CITY OF MIAMI BEACH 17 CERTIFICATES AS TO CORPORATE PRINCIPAL I, Dar. 1.I Q hes) certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that I_ 64,1 who signed the said bond on behalf of the Principal, was then 9'f O'S 1`( � of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. STATE OF FLORIDA ) ss COUNTY OF ) BROWARD Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared PHYLLIS A. ARTHUR to me well known, who being by me first duly swom upon oath, says that he is the Attomey-in-Fact, for the CONTRACTORSORBONDING and that he has been authorized by CONTRACTORS BONDING ANDto execu a theforeO goingbond on behalf of the Contractor named therein AND INSURANCE CO. in favor of the City of Miami Beach, Florida. Subscribed and swom before me this14-HI day of,TANTTARY , 20 A.D. (Attach Power of Attomey) ,�...� ,r,i-,. Notary Public State of Florida -at -Large My Commissio BID NO: 45-00/01 C1TY OF MIAMI BEACH DATE: 6/25/01 18 Lice* o. onJMBAUGH Notary Public = Stab of Florida MyComniesionEiehaaJul 16,2666 Commission 1 DD 1124461 Bonded By National Notary Man. LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLORIDA STATUTES) BY THIS BOND, We. SIGNCO CORP DBA: SIGN CRAFT INC , as Principal, and CONTRACTnRS RnNDTNG ANT) as corporation, as Surety, are bound to the City of Miami Beach, Florida, INSURANCE COMPANY. as obligee, herein called City, in the sum of $ 2 0 7 ,14 61.0 n for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (1), F. S., supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and Pays City all losses, damages, expenses, costs, and attomey's fees, including appellate proceedings, that the City sustains in enforcement of this bond. Performs the guarantee of all labor and materials famished under the contract for the time specified in the contract, then this bond is void, otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, F. S., are specifically adopted by reference and rnade a part hereof for the purposes specified therein. The contract dated Dec . 11, 2 0 0 2between the City and Principal is made a part of this Bond by reference. Claimants are advised that Section 255.05, F. S., contains notice and time limitation provisions which must be strictly complied with. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 19 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the corn . 14th day of January , 20 03 WITNESS: PRINCIPAL: (If sole Proprietor or partnership) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: I S(i% l./,1; 1 ,T (C y of Agent's current License as issued by State � A�j atl,,z) of Florida Insurance B �!/ Commissioner // Attorney-in-fact PHYLLIS A. ARTHUR (Power of Attorney must be attached) (Finn Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) SIGNCO CORP DBA: SIGN CRAFT INC. (Corporate Name President) Attest: (Secretary) (CORPORATE SEAL) SURETY: CONTRACTORS BONDING AND INSURANCE CO. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 20 CERTIFICATES AS TO CORPORATE PRINCIPAL 1, ` �1,1YY1 , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that 1,1_V'd.A–, ei .L t 1 Signed the said bond on behalf of the Principal, was then 16110— of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. STATE OF FLORIDA) ss COUNTY OF ) BROWARD Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared PHYLLIS A. ARTHUR to me well known, who being by me first duly sworn upon oath, says that he CONTRACTORS BONDING is the Attorney in Fact, for the AND INSURANCE CO. and that he has been authorized by CONTRACTORS BONDING AND INSURANCE COMPANY to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida Subscribed and swom before me this th day of yan, i a -Inv , 20023 A.D. Notary Public State of Florida -at -Large My commissi (Attach Power of Attorney) LISA B. BRUMBAUGH Nolary Public - Stab or Flalda • MyCanndnbn EN.Nd 16, 2006 Commission / DD 1124456 Bonded By National Notary Assn. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 21 1114�ll111 1.111 II1111iiI S411.1 111i111i;Ifti111II1i5i�iPI 1i11i11 Not Valid for Bonds Executed On or After: JANUARY 31ST, 2004 lo be ►►sect only milli the hood spc'r ili►vl herein A valid original of this document must be printed on security paper with black, blue, and red ink, and must bear the seal of Contractors Bonding and Insurance Company ( the "Company"). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. I, the undersigned secretary of Contractors Bonding and Insurance Company, a 1 Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. Signed and sealed this 14th __.,_ day of January CBIC • 1213 Valley Street • P.O. Box 9271 • Seattle, WA 98109-0271 (206) 622-7053 • (800) 765-CBIC (Toll Free) • (206) 382-9623 FAX PoaLPOA.04-US101700 Certificate of Appointment and Resolutions of the Board of Directors The undersigned President find Secretary of Contractors Bonding and Insurance Coipan\ hereby certify that the President has appointed the \ltorneyhl-in-Hu t identified on the front side o1 this pot\cr of attorney, under and by the authority of the following resolutions adopted by the hoard of Directors ot Contractors I3onding and Insurance Company at a meeting duly held 011 I)(Temtier 1 S, 1'93: RESOLVED, that the CEO, President, 1' TO, any Vice President, Secretary or any Assistant Secretary, and any other e0)plo\ (tit as nriy hr specifically authorized by a particular board resolution (hereafter "Authorized ()nicer or I niplovec ) may appoint attorneys -in -fact or agents with authority as defined or limited in the iustiuinent evidencing the appointment in each case, for and on behalf of the Company, to (Act utc and deliver and affix the seal 01 the Company to bonds, undertakings, recognizances, and uuelyship obligations 01 all kinds; and any Authorized Officer or Employee may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. RES( )1V1,11 El IRE! IFR, that any bond, undertaking, recognizance, or suretyship obligation shall he valid and binding upon the Company: (i) when signed by the ;\uthorized Officer or Employee and attested and sealed (it a seal be regtnre(l1; or (ill when signed by the .\uthorized Officer or Employee, and countersigned and sealed Uta seal he teyuired) by a duly authorized attorney-in-fact or agent; or (iii) when duly exec Mud .0x1 sealed (if a seal he required) by one or more attorneys -in- tact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued I)\ the Company to such person or persons. RESOI VE.I ) 1 1 I141! 11 R, that the signature of any Authorized Officer or Employee and the seal of the (:ompany may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and dclrycry of ,n)\ bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise spc(iticd in the power ot attorney itself); and such signature and seal when so used shall have the same force tinct cite( 1 as though manually affixed. RE.SOI VI'.1) EtIll! 11I'R, that ,ill previous resolutions 0t the hoard of Directors concerning powers of attorney and .tttorne\s-n)-tact remain in lull force and c•tlect; II)at all forms of powers of attorney previously or in the future appro\cd by the Ifoard ot Directors, including, but not limited to, so called "fax or facsimile pu\vcn, on dl tum (\ where the entire power of attorney is a tacsintile, remain in full force and effect; and that one form of a power of attorney may be attached to one 1)00(1 (for example, the form for t\ hit 11 this r, •.(ff a t:i (0 is .; Karl max he attached to a hid handl, incl another form of power of attorney tray he attar lied to another 1)011(1 (tar example, a fax power of attorney may be attached to the final bond lot a riff;wt.! for whit fi the ditterent (oral of power was attached to the hid bond) without .11(1.111(4 1!he '..,.1 fat fwei of attorney or bond. iN WITNESS 11 EIE.i(l.OI ,contractors handing and Insurance Company has caused these presents to be signed by its president and ,creta.,, „ iii its t,(rporate seal 10 be hereunto affixed this 1st day of January, 1994. State of Washington County of King On January Ist, 191)4 hetore me, Molly A. Hudspeth Notary Public, personally Lybeck, personally known to foe to be the persons whose names are subscribed edged to me all that they e\etutrd the sante in their authorized capacities and behalf of which they acted executed the instrument. WITNESS my hand and official seal. Signature Math \ IIntIspelli, Nutuv Public (seal) \!lest Ke\ in 1. Lvhecl., Secretary appeared Steven A. Gaines and Kevin L. to the within instrument, and acknowl- that by their signatures the entity upon _ry p. HUOs,/pt • . 5k0N �c+AF2.SSI �;o NpTARy gy// m; tool pu8Ltc ('1 % oFwks s A 0 D. --- PRODUCER INSURED FRANK H. FURMAN, INC. FRANK H. FURMAN #A091425 P. 0. BOX 1927 POMPANO BEACH, FL 33061 SIGNCO CORP DBA:SIGN CRAFT INC LINDA M PRUSIECKI 8355 GARDEN ROAD RIVIERA BEACH FL 33404 DBRIDGEFIELD EMPLOYERS INS CO DATE (MM(DDRY) ..... • , .. • •• 12 /31 . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE CONTINENTAL CASUALTY INS AMERICAN CAS CO OF READING PA TRANSPORTATION INS CO COMPANY A COMPANY B COMPANY COMPANY . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 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. CO TYPE OF INSURANCE LTR GENERAL LIABILITY X COMMERCIAL GENERAL UABIUTY CLAIMS MADE X OCCUR OWNER'S & CONTRACTORS PROT 3 AUTOMOBILE UABLJTY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS D GARAGE LIABILITY ANY AUTO EXCESS UABIUTY X UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERSUABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER INCL EXCL POLICY NUMBER 2051573070 2051573117 POLICY EFFECTIVE DATE (MM/DD/YY) POUCY EXPIRATION DATEIMM/DINTY) 1/01/03 1/01/04 1/01/03 10, ffei 2051573151 083014327 1/01/03 4/01/02 1/01/04 UNITS GENERAL AGGREGATE S1,000,000 PRODUCTS COMP/OP AGG sl, 000,000 PERSONAL & ADV INJURY s1,000,000 1 EACH OCCURRENCE S1,000,000 1 FIRE DAMAGE (Any one firs)IS 50,000 1 MED EXP (Any one person) 1$ 5,000 1 1,000,000 COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY • EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT1S AGGREGATE'S 1 / 01 / 04 EACH OCCURRENCE 45,000,000 AGGREGATE 45,000,000 Is) 4/01/03 X1WIail EL EACH ACCIDENT EL DISEASE -POLICY LIMIT EL DISEASE -EA EMPLOYEE PETri. 100,000 500,000 100,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLENSPECIAL ITEMS PROJ:45-00/01 FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PKG AT MIAMI BEACH CONVENTION CENTER;CITY OF MIAI BEACH IS AN ADDITIONAL INSURED WITH REGARD TO OPERATIONS OF SIGNCO CORP DBA: SIGN CRAFT INC. CERTIFICATE HOLDER CITY OF MIAMI BEACH BUILDING DEPT 1700 CONVENTION CENTER DRIVE MIAMI BEACH FL 33139 ::;WC00011.01.&ii&Ailos);ii] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILI r0.SUCH NOTICE SHALL IMPOSE N UGATION OR UABIUTY N THE COMPANY, ITS AGE4SJ OR REPRESENTATIVES. ATIVE /4140,-Ler,1.40.080Ny es A OF11:4::...(NiHRPORATIONAO8, Massy 09 02 02:43p th,c- BID BOND (Private Wurk) For the CBIC branch nearest you, call toll free: (S88)283-2242 (888) Z93-2242 FAX Premium: BID BOND p.7 KNOWN ALL BY THESE PRESENTS, That we, S IGNCO CORP DBA SIGN CRAFT SNC . , as Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, Surety, arc held end firmly bound unto CT TY OF MTAMT FIFA cm , Obligee, in the sum of 5% OF ET a AMOUNT Dollars($5% OF BID AMOURTthe payment ul' which we bind ourselves, ane. our successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or ii. about to submit a bid to the Obligee on a contract for MIAMI BEACH CONVENTION CFNTFR NO:45-00/07. 1700 CONVENTION CE :H • : • ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with the Obligee in confot finance with the terms of the bid and provides such bond ur bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise the Principal and Surety will pay to the Obligee the difference between the amount of the Principal's bid and the amount for which the Obligee shall in good faith contract with another person or entity to perform the work covered by the Principal's bid, but in no event shall the Surety's and Principal's liability exceed the penal sum of this bond. PROVIDED, 1-IOWEVER, that neither Principal nor Surety shall be bound hereunder unless the Obligee prior to execution of the final contract shall Cumish evidence satisfactory to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed and scaled this 15TH day of NOVEMBER SIGNCO CORP DBA SIGN CRAFT INC. cipal 2001 CONTRACTORS BONDING AND INSURANCE COMPANY By: (Seal) Att ey-in-Fact F, FLORIDA RESIDENT AGENT PHYLLIS A. ARTHUR May 09 02 02:44p p.e LIMITED POWER OF ATTORNEY INSURANGt t. Not Valid for Bonds Power of Attorney Executed On or After: JANUARY 31sT, 2003 Number: 639611 RE.t U CAREFULLI — to be used only with the bond specified herein A valid original of this document must be printed on security paper with black, blue, and red ink, and must bear the seal of Contractors Bonding and Insurance Company ( the "Company"). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. KNOW ALL NEN BY THESE P)RE$BNTS, that the Company does hereby make, constitute and appoint the following: FRANK H. FURMAN, JR., DIRK D. DEJONO and PHYLLIS ANN ARTHUR ita true and lawful Attorneys) -in -Pact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company: (1) any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $6,000,000, and provided, further, that no Attorney -in -Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with penal sum in excess of $6,000,000r and (2) consents, releases and other similar documents required by an obligee under a contract bonded by the Company. This appointment i■ made under the authority of the Hoard of Directors of the Company. CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. Bond Number BID BOND Signed and sealed this 15TH day of NOVEMBER 20 01 . K e _ /Robert M. Ogle, Secretary CBIC • 1213 Valley Street • P.O. Box 9271 • Seattle, WA 98109-0271 (206) 622-7053 • (800) 765-CBIC (Toll Free) • (206) 382-9623 FAX PoaLPOA.04-USI01700 FROM : Tom Graboski Assoc. PHONE NO. : 305 669 2539 Oct. 22 2002 12:44PM P2 Oct 22 02 11:38a p.2 M } m 0 5. ti g , 14 5 g co vo w I No M ap , as cm 4 it fail V id •• . 411 H0 aaaro 40. MMm0 0 HO xp mRI 0 01.1 %rigm ma ai id ,15 8v F bi aMio Fj 1 FROM : Tom GraboSk 1 A SSoc Mot 22 02 1i13. 4n 4. PHONE NO. : 305 669 2539 Oct. 22 2002 12:45PM P3 p.a The Sunshine State LOOODIUkeiR P1322.53341469-0 • MAIM Mee= CLO IMMO= OWLS WILL1CIf0101.1341411111 SWIM NM OWL INV MORN 164141 Iwo Ammo 111P110Wa M.0411 IMMO ioalas ORCAX MOOR qr. max vow* emairs taro lo wile* tatoommi ihri _ . . fTm : Tom Graboski Assoc. boa 22 02 11:39s PHONE NO. 305 669 2539 Oct. 22 2002 12:45PM P4 P., 8 ti el A 0 H � i Co w"' z cc ilc � p30v mw x a 14 Pt RN el < 0 i IL 4 A9 < yt ▪ li ao w Et it 11k W 1 0, PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA ) ss COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we, as Principal, hereinafter called Contractor, and as Surety, are firmly bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of Dollars ($ 1, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor, on the day of 20 . entered into a certain contract with the City, hereto attached, for BID NO. 45-00/01, Entitled, " FABRICATION AND INSTALLATION OF EX I'ERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER" which Contract is made a part hereof by reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in default under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: 1 Complete the Contract in accordance with its terms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 15 No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnify the City and hold it hamiless of, from and against any and all liability, loss, cost, damage or expense, including reasonable attorneys fees, engineering and architectural fees or other professional services which the City may incur or which may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and performance of said Contract by the Contractor. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furnished according to the terms of the Contract Documents. If no specific periods of warranty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period of one (1) year from the date of final acceptance by the City of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided by law. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 16 IN WITNESS WHEREOF, the above appropriate officials of the WITNESS: COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner BID NO: 45-00/01 By: bounded parties have caused this Bond to be executed by their day of , 20 . PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest: (Secretary) (CORPORATE SEAL) SURETY: Attorney-in-fact (Power of Attorney must be attached) CITY OF MIAMI BEACH DATE: 6/25/01 17 CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary STATE OF FLORIDA ) ss COUNTY OF ) Corporate Seal Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and swom before me this day of . 20 A.D. (Attach Power of Attomey) Notary Public State of Florida -at -Large My Commission Expires: BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 18 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLORIDA STATUTES) BY THIS BOND, We. , as Principal, and as corporation, as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein called City, in the sum of $ for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (1), F. S., supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and Pays City all losses, damages, expenses, costs, and attomey's fees, including appellate proceedings, that the City sustains in enforcement of this bond. Performs the guarantee of all labor and materials furnished under the contract for the time specified in the contract, then this bond is void, otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, F. S., are specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated reference. between the City and Principal is made a part of this Bond by Claimants are advised that Section 255.05, F. S., contains notice and time limitation provisions which must be strictly complied with. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 19 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of , 20,_ WITNESS: PRINCIPAL: (If sole Proprietor or partnership) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner By: (Finn Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest: (Secretary) (CORPORATE SEAL) SURETY: Attorney-in-fact (Power of Attorney must be attached) BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 20 CERTIFICATES AS TO CORPORATE PRINCIPAL ; certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary STATE OF FLORIDA ) ss COUNTY OF ) Corporate Seal Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly swom upon oath, says that he is the Attorney in Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of , 20_ A.D. (Attach Power of Attorney) Notary Public State of Florida -at -Large My commission Expires: BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 21 INSURANCE REQUIREMENTS See Insurance Check List for applicability to this contract. 1. The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. 2. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: 1. Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. 2. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability. 3. Maintain Automobile Liability Insurance including Property Damage covering all owned, non -owned or hired automobiles and equipment used in connection with the work. 4. Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List. 5. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. 6. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. 7. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 22 8. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. 9. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. 3. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract. BID NO. 45 -00/01, " FABRICATION AND INSTALLATION OF EXTERIOR SIGNAGE PACKAGE FOR THE MIAMI BEACH CONVENTION CENTER". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. 1. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and famish a copy of the Hold Harmless Agreement to the insurance agent and carrier. 2. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. 4. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. BID NO: 45-00/01 CPIY OF MIAMI BEACH DATE: 6/25/01 23 5. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to canying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. 6. Insurance coverage required in these specifications shall be in force throughout the contract term Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. 7. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. 8. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insured hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 24 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida XXX 2, Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Remises/ Operations; Products and Completed Operations; Independent Contractors; Broad Form Property Damage Endorsement and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $100,000.00/$300,000.00 - $50,000.00 each occurrence - owned/non- owned/hired automobiles included. 4. Excess Liability - $1,000,000.00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 _ Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence dens insurance may by required within five (5) days after bid opening. Bidd BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 25 DIVISION 1 General Provisions Section I DEFINITION OF TERMS 1.1 DEFINITIONS: Whenever in the Specifications, Special Provisions, Proposals, Contract, or Contract Bond the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: 1.2 "City" - The City of Miami Beach, Florida, as represented by its Mayor and City Commission. 1.3 "Board" - The City Commission of the City of Miami Beach, Florida. 1.4 "City Clerk" - The City Clerk of the City of Miami Beach, Florida. 1.5 "City Manager" - Chief Administrator of the City Commission. 1.6 "Engineer" - The City Engineer of the City of Miami Beach, Florida, or his authorized assistants. 1.7 "Inspector" - An authorized representative of the City Engineer assigned to make all necessary inspection of the materials furnished and of the work performed by the Contractor. 1.8 'Bidder" - Any individual, firm or corporation submitting a Proposal for the work contemplated, acting directly or through a duly authorized representative. 1.9 "Contractor" - The Party of the second part of the Contract, the person, firm or corporation with whom a Contract has been made by the City. 1.10 "Superintendent" - Executive representative for the Contractor present on the work at all times during progress, authorized to receive and fulfill instructions from the Engineer and capable of superintending the work efficiently. 1.11 "Surety" - The corporate body or individual which is bound by the Performance and Payment Bonds with and for the Contractor, who is primarily liable, and which engages to be responsible for his acceptable performance of the work for which contract has been made and for his payment of all debts pertaining thereto. 1.12 "Proposal" - The approved prepared form on which the Bidder is to or has submitted his, their, or its Proposal for the work contemplated. 1.13 "Proposal Guaranty" - The security designated in the Proposal, to be furnished by the Bidder as a guaranty of good faith to enter into a Contract with the City if the Contract is awarded to him. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 26 1.14 "Plans" - The official approved plans, profile, typical cross-section, general cross-sections, working drawings, and supplemental drawings, or exact reproductions thereof, which show the location, character, dimensions and details of the work to be done, and which are to be considered as a part of the Contract supplementary to these Specifications. 1.15 "Procurement Director" - The purchasing officer for the City of Miami Beach. 1.16 "Specifications" - The directions, provisions and requirements contained herein, together with all written agreements made or to be made, setting out or relating to the method and manner of performing the work, or to the quantities and qualities of materials and labor to be fiunished under the Contract. 1.17 "Special Provisions" Specific clauses additional to these Standard Specifications, setting forth conditions peculiar to the project under consideration. In case of any discrepancy between the Standard Specifications and the Special Provisions, the Special Provisions are to govem. 1.18 "Supplemental Agreement" - A written agreement between the Contractor and the City Engineer, covering alterations and unforeseen work incidental to the project. 1.19 "Contract" - The written agreement covering the performance of the work and the furnishing of labor and materials in the proposed construction. The contract shall include the "Proposal," "Plan," "Specifications," "Special Provisions," Performance Bond," and "Labor and Material Bond" also any and all "Supplemental Agreements" required to complete the work in a substantial and acceptable manner. 1.20 "Contract Bond" - Performance Bond - The security furnished by the Contractor and the Surety as a guaranty that the Contractor will execute the work in accordance with the terms of the Contract. 1.21 "Payment Bond" - The security furnished by the contractor and the surety as to guaranty that the contactor will pay a claimant. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes. 1.22 "The Work" - All the work specified or mentioned herein or indicated on the Plans or in the Proposal as contemplated improvement. 1.23 "Questionnaire" - The approved form upon which the Contractor must furnish the information as to his ability to perform the work, his experience in similar work, and his financial condition as related to his ability to finance the work. 1.24 'Substantial Completion' - When construction is sufficiently complete in accordance with the contract documents, so the owner can occupy or utilize the work or designated portion thereof for the use for which it is intended. A Certificate of Substantial Completion signed by the A/E of Record, the contractor and approved by the City must be submitted in order to consider the work substantially complete. Moreover, the substantial completion shall also be linked, for the City's convenience, to the issuance of a Temporary Certificate of Completion or Temporary Certificate of Occupancy by the Building Official. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 27 Section 2 PROPOSAL REQUIREMENTS AND CONDITIONS 2.1 Interpretation of Approximate Estimate - The Bidder's attention is called to the fact that the estimate of quantities of all work to be done and materials to be furnished under the Specifications as shown on the Plans and on the Proposal Form, is approximate and is given only as a basis of calculation upon which the award of the Contract is to be made. The City does not assume any responsibility that the final quantities shall remain in strict accordance with estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. 2.2 Examination of Plans, Specifications, Special Provisions, and Site of Work - The Bidder is required to examine carefully the site of, and the Proposal, Plans, Specifications, and Contract for the work contemplated, and it will be assumed that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of these Specifications, Special Provisions, and Contract. It is mutually agreed that submission of a Proposal shall be considered prima facie evidence that the Bidder has made examination. 2.3 Preparation of Proposals - Proposals shall be submitted on the form provided. All blank specifications for which quantities are shown must be filled in ink, in both words and figures with the unit price for the item for which the proposal is made. The bidder shall also state the time in which he will complete the work bid upon, unless a certain time is stipulated. If the proposal is made by an individual in his own proper person or under a trade or fine name, he shall execute the same under his individual trade or firm name, he shall execute the same under his individual signature and his post office address shall be shown. If made by a copartnership the proposal shall be executed for the copartnership, by setting out in full the names of the partners and the firm name of the partnership, if any, and signed by one or more of the partners, and the post office address of each of the partners shall be shown. If made by a corporation, the proposal shall be executed by setting out the corporate name in full, followed by a statement that it is incorporated and existing under the laws of a named state, and, if it is a foreign corporation, the fact that it is authorized and permitted to transact business in this State, and signed by its President, or other authorized corporate officer, with its corporate seal affixed and attested by its Secretary, and the address of its principal place of business shall be shown. 2.4 Rejection of Irregular Proposals - Proposals will be considered irregular and may be rejected if they show serious omissions, alterations of form, additions not called for, conditions, unauthorized alternate bids, or irregularities of any kind. 2.5 Guaranty to Accompany Proposals - No Proposal will be considered unless accompanied by a "Proposal Guaranty" of the character and amount indicated in the Notice to Contractors and the Proposal Form, made payable to the City of Miami Beach, Florida. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 28 2.6 Delivery of Proposals - Each Proposal must be submitted in a sealed envelope which shall be marked so as to indicate its content and name of Bidder clearly. If forwarded by mail the above mentioned envelope shall be enclosed in another envelope addressed to the City Purchasing Agent, Miami Beach, Florida, preferably by registered mail; if forwarded otherwise than by mail, it shall be delivered at the Office of the City Purchasing Agent. Proposals will be received until the date and hour stated in the "Notice to Contractors." 2.7 Withdrawal of Proposals - No Proposal can be withdrawn after it is filed unless the Bidder makes his request in writing to the Board prior to the time set for the opening of bids, or unless the Board fails to accept it within ninety (90) days after the date fixed for opening bids. Withdrawal of proposals after bid opening will only be accepted with the collection of Bid Surety by the City. 2.8 Opening of Proposals - Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2.9 Disqualification of Bidders - Only one Proposal from an individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Board that any bidder is interested in more than one Proposal for the work contemplated all Proposals in which such Bidder is interested will be rejected. The right is reserved to reject the proposal from a bidder who has not paid or satisfactorily settled all bills due for labor and material on former contracts with the City or contracts with the same in force at the time of receiving bids. 2.10 Competency of Bidders - Bidders must be capable of performing the various items of work bid upon. They shall famish a statement covering experience on similar work, a list of machinery, plant, and other equipment available for the proposed work, and shall Furnish statements of their financial resources as requested in the Questionnaire. If the available evidence of competency of any bidder is not satisfactory to the Engineer, the proposal of such Bidder may be rejected. 2.11 Material Guaranty - Before any Contract is awarded, the Bidder may be required to furnish a complete statement of the origin, composition, and manufacture of any and all materials to be used in the work, together with samples, which samples may be subjected to the tests provided for in these Specifications to determine their quality and fitness for the work. Subsequent deliveries shall be equal in all respects to the samples submitted. BID NO: 45-00101 CITY OF MIAMI BEACH DATE: 6125101 29 Section 3 AWARD AND EXECUTION OF CONTRACT 3.1 Consideration of Bids - For the purpose of award, after the Proposals are opened and read, the correct summation of the products of the approximate quantities shown in the Proposal, by the unit bid prices, will be considered the bid. The amounts will then be compared and the results of such comparison will be available to the public. Until the final award of the Contract, however, the right will be reserved to reject any or all Proposals and to waive technical errors as may be deemed best for the interests of the City. 3.2 Award of Contract - The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: 1) The ability, capacity and skill of the bidder to perform the contract. 2) Whether the bidder can perform the contract within the time specified, without delay or interference. 3) The character, integrity, reputation, judgement, experience and efficiency of the bidder. 4) The quality of performance of previous contracts. 5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 3.3 Return of Proposal Guaranties - All Proposal guaranties will be returned immediately following the tabulation of Bids, except those of the three lowest Bidders. These guaranties will be returned within ten (10) days following the award of Contract, except that of the successful Bidder, which will be returned after a satisfactory Bond has been furnished and the Contract has been executed unless surety is forfeited because of bid withdrawal. 3.4 Contract Bond Required- The successful Bidder entering into a Contract for any portion of the work will be required to give the City Surety in a sum equal to the amount of the Contract awarded. The form of the Bond shall be as approved by the City, and the Surety shall be acceptable to the City, and executed on the foam furnished, In case of default on the part of the Contractor, actions for all expenses incident to ascertaining and collecting losses under the bond, including both Engineering and Legal services, shall lie against the bond. 3.5 Execution of Contract and Payment Bond - Within ten (10) days after the Contract has been awarded, the successful Bidder shall sign the necessary agreements, entering into a Contract with the City, and return them to the City Engineer. No proposal will be considered binding upon the City until the execution of this Contract. 3.6 Failure to Execute Contract - Failure to execute a Contract and file an acceptable Bond as provided herein within ten (10) days from date of award shall be just cause for the annulment of the award and the forfeiture of the Proposal Guaranty to the City, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible Bidder or the work may be re - advertised or may be constructed by day labor, as the City may decide. 3.7 Evidence of Authority - Before a Contract is execited the Bidder will be required to furnish certified copies of: Excerpts from the By -Laws; Excerpts from the Minutes or Resolutions of the Goveming Body; Power of Attorney appointments, and/or other satisfactory evidence of the authority of all persons signing Contracts or Bonds to execute such documents, and of the companies bound thereby to do business in the State of Florida. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 30 Section 4 SCOPE OF THE WORK 4.1 Intent of Plans and Specifications - The intent is to prescribe a complete work of improvement which the Contractor undertakes to do. The Contractor shall do all the work indicated in the Proposal and on the Plans, and such additional, extra, and incidental work as may be necessary to complete the Work to the finished lines, grades, cross-sections, and dimensions indicated, in a substantial and acceptable manners, and when completed, shall remove all surplus and discarded material and equipment and leave the site of the Work in a neat, acceptable and finished condition. He shall furnish, unless otherwise provided in "Special Provisions," al implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the Work. He shall maintain the finished Work until its formal acceptance by the City, as herein provided, and turn it over to the City as a whole, complete, free from defects, and ready for use in full compliance with the Plans, these Specifications, the Special Provisions, Proposal, and Contract. 4.2 Special Work - Proposed construction or requirements not covered by these Specifications will be covered by "Special Provisions" and performed or complied with by the Contractor. 43 Alteration of Plans or of Character of Work - The right is reserved for the Engineer to make from time to time such alterations in the Plans or in the character of the work as may be considered necessary or desirable to complete fully and perfectly the proposed construction and such alterations shall not be considered as a waiver of any conditions of the contract, nor to invalidate any of the provisions thereof. Should such alterations in the Plans result in an increase or decrease of the quantity of work to be performed, and should added or eliminated work be of the same character as that shown on the original plans, the Contractor shall accept payment in full at the Contract Unit Price for the actual quantities of the work done. Should an alteration be a change in the character of the work, an equitable sum to be agreed upon, in writing by the Contractor and the Engineer before such work is begun, shall be added to or deducted from the Contract Price, as the case may be. No allowance will be made for anticipated profits. 4.4 Extra Work - The Contractor shall perform unforeseen work, for which there is no quantity and price included in the Contract, whenever it is deemed necessary or desirable to complete fully the Work as contemplated, and such extra work shall be performed in accordance with the Specifications and/or as directed; provided, however, that before any "Extra Work" is started a "Supplemental Agreement shall be signed by both contracting parties, or a written order from the Engineer to do the Work on a "Force Account" Basis given the Contractor. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 31 4.5 Removal and Disposal of Structure and Obstructions - The Contractor will remove all obstructions that may come in the way of the contemplated improvements, such as pavements, sidewalks, fences, buildings, trees, roots, stumps, logs, old foundations or piling, and other obstructions encountered either above or below the surface of the ground and dispose of them in such manner as the Engineer may direct. All work prescribed and involved under this heading shall be considered as incidental to and included in the unit price bid for the particular Work m which it is involved and no additional payment will be made therefore unless otherwise specifically provided in the Special Provisions. 4.6 Rights in and Use of Materials Found on the Work - The Contractor, with the approval of the Engineer, may use in the proposed construction such sand or other material suitable in the opinion of the Engineer, as may be found in the excavation and will be paid for the excavation of such material at the corresponding contract unit price therefore, but he shall replace at his own expense with other suitable material all of that portion of the material so removed and used as was contemplated for use in embankments, back-fills, approaches, or otherwise. No charge for materials so used will be made against the Contractor except the replacement herein provided for. The Contractor shall not excavate or remove any material which is not within the excavation, as indicated, without written authorization from the Engineer. Materials in old structures removed by the Contractor to allow the construction of new structures, and not needed by the City„ may be used by the Contractor during construction. Such materials are the property of the City and shall not be cut or otherwise damaged during use or removal, and shall afterwards be disposed of by the Contractor as directed by the Engineer. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 32 Section 5 CONTROL OF THE WORK 5.1 Engineer as Referee - To prevent all disputes and litigations, it is agreed by the parties hereto that the said Engineer shall decide all questions, difficulties, and disputes, of whatever nature, which may arise relative to the interpretation of the Plans, construction, prosecution and fulfillment 'Idris Contract, and as to the character, quality, amount, and value of any work done, and materials furnished, under or by reason of this Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties thereto. 5.2 Plans - The approved Plans will be supplemented by such working drawings as are necessary to adequately control the Work. It, is mutually agreed that all authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. Working Drawings for any structure shall consist of such detailed plans as may be required for the prosecution of the work and are not included in the Plans fiunished by the Engineer. They shall include shop details, erection plans, masonry layout diagrams and bending diagrams for reinforcing steel, approval of which by the Engineer must be obtained before any work involving these plans shall be performed Plans for cribs, cofferdams, falsework, centering, and form work may also be required, and in such cases shall be likewise subject to approval unless approval be waived by the Engineer. It is understood, however, that approval by the Engineer of the Contractor's working drawings does not relieve the Contractor of any responsibility for accuracy of dimensions and details, or of mutual agreement of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity of his working drawings with the approved Plans and Specifications. The Contract price shall include the cost of furnishing all working drawings and the Contractor will be allowed no extra compensation for such drawings. 53 Conformity with Plans and Allowable Deviations - The finished work in all cases shall conform with lines, grades, cross-sections, and dimensions shown on the approved Plans; any such deviations fium the approved Plans and working drawings as may be required by the exigencies of construction will in all cases be detemrined by the Engineer and authorized in writing. 5.4 Coordination of Plans, Specifications, and Special Provisions - These Specifications, the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe and provide for a complete Work. In case of discrepancy, figured dimensions shall govem over scaled dimensions. Plans shall govem over Specifications, Special Provisions shall govern over both Specifications and Plans. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6125/01 33 5.5 Cooperation of Contractor - The Contractor will be supplied with copies of the Plans, Specifications, and Special Provisions. The Contractor shall have available on the Work at all times, one copy each of said Plans and Specifications and Special Provisions; he shall give the Work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer and with other contractors in every way possible. The Contractor shall at all times have a competent English-speaking Superintendent, capable of reading and thoroughly understanding the Plans and Specifications, as his agent on the Work, who shall receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute the orders or directions of the Engineer without delay and to promptly supply such materials, tools, plant, equipment, and labor as may be required. Such Superintendent shall be furnished irrespective of the amount of work sublet. 5.6 Inspectors - Inspectors employed by the Engineer shall be authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of the Work and to the preparation or manufacture of the materials to be used. An inspector may be stationed on the Work to report to the Engineer as to the progress of the Work and the manner m which it is being performed; also to report whenever it appears that the materials firmished and work performed by the Contractor fail to fulfill the requirements of the Specifications and Contract, and to call to the attention of the Contractor any such failure or other infringements. Such inspection, however, shall not relieve the Contractor from any obligation to perform all the Work strictly in accordance with the requirements of the Specifications. In case of any dispute arising between the Contractor and the Inspector as to material furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or suspend the Work until the question at issue can be referred to and decided by the Engineer. The Inspector shall perform such other duties as are assigned to him. He shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of these Specifications, not to approve or accept any portion of work, nor to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as Foreman or perform other duties for the Contractor, nor interfere with the management of the Work by the latter. Any advice which the Inspector may give the Contractor shall in no way be construed as binding the Engineer in any way, nor releasing the Contractor from fulfillment of the terms of the Contract. Ordinarily one Inspector will be employed by the City for each section of the Work under Contract; but if, on account of any apparent disregard of these Specifications, additional Inspectors shall be required, they will be employed by the City at the rate of $150.00 per diem each, and the cost of same charged to the Contractor and deducted from the final payment. 5.7 Inspection - The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work performed and materials used are in accordance with the requirements and intent of the Specifications and Contract. If the Engineer requests it, the Contractor shall at any time before final acceptance of the Work remove or uncover such portions of the finished Work as may be directed. After examination the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the Work thus exposed or examined prove acceptable, the uncovering or removing, and the replacing of the covering or rnaking good of the parts removed, shall be paid for as "Extra Work," but should the work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed, shall be at the Contractor's expense. No work shall be done nor materials used without suitable supervision or inspection by the Engineer or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered, or obligate the City to final acceptance. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 34 5.8 Failure to Remove and Renew Defective Materials and Work - Should the Contractor fail or refuse to remove and renew any defective materials used or work performed, or to make any necessary repairs in an acceptable manner and in accordance with the requirements of these Specifications within the time indicated in writing, the Engineer shall have the authority to cause the unacceptable or defective materials or work to be removed and renewed, or such repairs as may be necessary, to be made at the Contractor's expense. Any expense incurred by the City in making these removals, renewals or repairs, which the Contractor has failed or refused to make, shall be paid for out of any monies due or which may become due the Contractor or may be charged against the "Contract Bond" deposited; and continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully, and in an acceptable manner shall be sufficient cause for the Board, at its option, may purchase materials, tools, and equipment and employ labor or may contract with any other individual, fine, or corporation to perform the Work. All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any monies due or which may become due him, or shall be charged against the "Contract Bond" deposited. Any work performed, as described in this paragraph, shall not relieve the Contractor in any way from his responsibility for the work performed by him. 5.9 Final Inspection - Whenever the Work provided and contemplated by the Contractor shall have been satisfactorily completed and the final cleaning up performed, the Engineer shall within ten (10) days, unless otherwise provided, make the final inspection. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 35 Section 6 CONTROL OF MATERIALS 6.1 Source of Supply and Quality of Materials - At the option of the Engineer the source of supply for each of the materials shall be approved by the Engineer before the delivery is started. Representative preliminary samples of the character and quality described shall be submitted by the Contractor or producer for examination and tested in accordance with the methods referred to under Samples and Tests, Paragraph 6.2. Only materials conforming to the requirements of these Specifications and approved by the Engineer shall be used in the Work. All materials proposed to be used may be inspected or tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any sources proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. No material which after approval has in any way become unfit for use shall be used in the Work 6.2 Samples and Tests - For the purpose of assisting his judgment the Engineer may require any or all materials to be subject to test by means of samples or otherwise as he may determine. The Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples and shall not make use of or incorporate in the Work any material represented by the samples until the tests have been made and the materials found in accordance with the requirements of the Specifications and are acceptable. The Contractor in all cases shall fumish and deliver the required samples without charge. Samples shall be furnished sufficiently in advance so that the results of the required tests may be secured prior to the incorporation of the material in the Work. The manner of collecting and testing samples, as well as all apparatus and equipment used for this purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case may be, insofar as these are applicable - unless specifically stated otherwise. 6.3 Storage of Materials - Materials shall be stored so as to insure their preservation and quality and fitness for the work, and shall be so located as to facilitate prompt inspection. Materials improperly stored may be rejected without testing. 6.4 Defective Materials - All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the Work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approval has been given. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 36 Section 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 7.1 Laws to be Observed - The Contractor must familiarize himself and comply with all Federal, State, County, and City laws, ordinances, or regulations, and govem himself accordance with them. He shall indemnify and hold harmless the City, the Architects and all of its officers agents, and servants against any claims or liability arising front, or based on, the violation of any such laws, by-laws, ordinances, regulations, orders, or decrees, whether by himself or his employees. 7.1.1 The requirement of Chapter 31A, Section 27-31 Prevailing Wage is a requirement of many construction contracts that exceed $1,000,000.00. 7.1.2 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.1.3 VENDOR APPLICATION VENDOR APPLICATION The City has contracted with DemandStar by Onvia (the City's Vendor Database Management fimi); as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notifications or to obtain a copy of this RFP, go to www.demandstar.com or call toll-free 1-800-711-1712, and request Document #453. Subscribing toDemandStar by Onvia's bid notification system is not a requirement. You will still be able to find bid information and download documents through the City's website ditto://ci.miani-beach.fl.usl. From the City's home page, click on Index, scroll down to Bids, RFPs, RFQs, etc., click on Bid Information and Bid Status, double click on Order (Actions Column), and double click on Download documents for a fee. You will be charged an administrative fee of $5.00 to download this document It is the responsibility of the bidder to inform DemandStar.com concerning any changes, such as new address, telephone number, or commodities. 7.2 Permits, Licenses, Occupational Licenses - The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction permits issued by the City of Miami Beach. The Contractor shall also give all notices necessary and incident to the due and lawful prosecution of the Work. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 37 7.3 Patented Devices, Materials, and Processes - It is mutually understood and agreed that without exception contract prices are to include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the Work. It is the intent that whenever the Contractor is required or desires to use any design, device, material, or process covered by letters, patent or copyright, the right for such use shall be provided for by suitable legal agreement with the patentee or owner, and a copy of this agreement shall be filed with the Engineer, however, whether or not such agreement is made or filed as noted, the Contractor and the Surety in all cases shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material, or process, to be performed under the Contract, and shall indemnify the said City for any costs, expenses, and damages which it may be obliged to pay, by reason of any such infiingement, at any time during the prosecution or after completion of the Work. 7.4 Right of Way - In cases where the Work is done on private" property the City guarantees the Contractor the right-of-way for the construction of the Work, but the Contractor must take all precautions not to inconvenience the tenant or property owner any more than necessary. The right is reserved to omit any sections of the Work which depend upon a right-of-way grant in case such right-of-way is denied the City. The Contractor shall have no claims for damage due to delay by the City in furnishing necessary right-of-way, but should any such delay occur the Contractor shall be entitled to such extension of time for the completion of his Contract as may be determined by the City to be reasonable. In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 7.5 Restoration of Surfaces Opened by Permit - Any individual, firm, or corporation wishing to make an opening in the street must secure a pemrit from, and will be required to deposit security with, the Engineer, in a suitable amount to cover the cost of making the necessary repairs, and the Contractor shall not allow any person or persons to make an opening unless a duly authorized permit from the City is presented. The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or service pipe or their accessories at any time before the completion of the Work. The Contractor is to exercise such supervision thereof as will protect him against defects in the finished Work In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 38 7.6 Sanitary Provisions - The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements and regulations of State and County Boards of Health. He shall commit no public nuisance. 7.7 Public Convenience and Safety - The Contractor shall conduct the Work so as to insure the least obstruction to traffic practicable, and shall provide for the convenience of the general public and of residents along and adjacent to the Work in a manner satisfactory to the Engineer. Materials and equipment stored upon the Work shall be placed so as to cause as little obstruction to the public as possible and shall be lighted and barricaded as hereinafter provided. 7.8 Closing Streets - Streets shall not be closed except when and where directed by the Engineer, and whenever the street is not closed the Work must be so conducted that there shall at all times be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part of the Work the Contractor shall provide and maintain a passable driveway as directed by the Engineer. Suitable barricades, danger warnings, detour signs, etc., as hereinafter provided, shall be maintained by the Contractor in all cases and the Engineers office and the Fire Department shall immediately be notified by telephone or otherwise upon the closing and/or opening of each street or section thereof. 7.9 Barricades, Warnings, and Detour Signs - The Contractor shall provide, erect, and maintain, at his own expense, barricades, danger warnings, and detour signs whenever they may be necessary. He shall place sufficient lights on and/or near the Work and keep them burning from twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the Work; provide all watchmen by day or night and take all other precautions that may be necessary; shall maintain proper guards and lights for the prevention of accidents upon materials, supplies, and equipment, and take all other precautions that may be necessary for the proper protection of the Work and public convenience and Streets closed to traffic shall be protected by effective barricades on which shall be placed acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour signs at all closures, intersections, and along the detour routes, directing the traffic around the closed portion or portions of the Work, so that the temporary detour mute or routes shall be indicated clearly throughout its or their entire length. 7.10 Fire Hydrants, Gutters, Etc. - Fire hydrants on or adjacent to the Work shall be kept accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten (10) feet of any such hydrant. Adjacent premises must be given access as far as practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted. 7.11 Use of Explosives - Unless otherwise expressly stipulated herein, the use of explosives is not contemplated in the prosecution of this Contract, and in no case will their use be permitted without the written permission of the City Engineer and a permit issued by the Chief of the Fire Department. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 39 Where such permission for the use of explosives is obtained the Contractor shall use the utmost care so as not to endanger life or property, and whenever directed the number and size of the charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage places shall be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of competent watchmen. 7.12 Preservation of Property - The Contractor shall preserve from danger all property along the line of Work, the removal or destruction of which is not called for by the Plans. This applies to public utilities, trees, lawns, buildings, fences, bridges, pavements, and other structures, monuments, pipe, underground strictures, etc., and wherever such property is damaged due to the activities of the Contractor it shall be immediately restored to its original condition by the Contractor and at his own expense. The Contractor shall give due notice to any department or public service corporation controlling manholes, valve jackets, meter boxes, street monuments, etc., prior to adjusting them to grade, and shall be held strictly liable to the City if any such appliances are covered up during the construction of the Work. In such case of failure on the part of the Contractor to restore any such property, or make good any damage or injury thereto, the Engineer may, upon forty-eight hours' notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the Contractor under this Contract. Nothing in this clause shall prevent the Contractor from receiving proper compensation for the removal or replacement of any public or private property when same is made necessary by alteration of grade or alignment, and such work is authorized by the Engineer, provided that such property has not been damaged through fault of the Contractor, his employees, or agents. 7.13 Responsibility for Damage, Etc. - The Contractor shall indemnify and save harmless the City, the Board, and all of its officers, agents, and employees from all suits, actions, or claims of any character, name, and description brought for, or on account of, any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor, or by, or in consequence of, any neglect in safeguarding the Work, or through the use of unacceptable materials in the construction of the improvement, or by, or on account of any act of omission, neglect, or misconduct of the said Contractor, or by, or on account of, any claims or amounts recovered for any infringement of patent, trademark, or copyright, or from any claims or amounts arising or recovered under the "Workmen's Compensation Law" or any other laws, by-laws, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his Contract as shall be considered necessary by the Engineer may be retained for the use of the City, or in case no money is due, his surety shall be held until such suit or suits, action or actions, claim or claims, for injuries or damages, as aforesaid, shall have been settled and suitable evidence to that effect furnished to the Engineer. The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor, and other just claims against him or any subcontractor in connection with this Contract and his bonds will not be released by final acceptance and payment by the City unless all such claims are paid or released. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 40 7.14 Contractor Responsibility for Work - Until acceptance of the Work by the Board it shall be under the charge and care of the Contractor and he shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause whatsoever arising from the execution or from the non execution of the Work. The Contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance except such ordinary wear and tear as may be due to use on sections opened for service, as hereinafter provided. 7.15 Opening of Section of Work for Service - Whenever, in the opinion of the Engineer, any portion of the Work is in acceptable condition for use it shall be opened for service as may be directed and such opening shall not be held to be in any way an acceptance of the work or any part of it or as a waiver of any provisions of these Specifications and Contract. Necessary repairs or renewals made on any section of the Work due to its being opened for use under instructions from the Engineer, to defective materials or work, or to natural causes other than ordinary wear and tear, pending completion and acceptance of the Work, shall be performed at the expense of the Contractor. 7.16 No Waiver of Legal Rights - The City reserves the right, should an error be discovered in the partial or final estimates, or should conclusive proofs of defective work or materials used by or on the part of the Contractor be discovered after the final payment has been made, to claim and recover by process of law such sums as may be sufficient to correct the error or make good the defects in the work and materials. 7.17 Liabilities and Duties of Contractor Not Limited- The mention of any specific duty or liability upon the Contractor in any part of the Specifications shall not be construed as a limitation or restriction upon general liability or duty imposed upon the Contractor by the Specifications, said reference to any specific duty or liability being fur purposes of explanation only. No waiver of any breach of the Contract shall constitute a waiver of any subsequent breach of any part thereof, nor of the Contract BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 41 Section 8 PROSECUTION AND PROGRESS 8.1 Subletting or Assigning Contracts - The Contractor will not be permitted to sublet, assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest therein to any individual, firm, or corporation without the written consent of the Board. In case such approval is given the Contractor must file with the Engineer copies of all sub -Contracts. No sub -Contracts or transfer of Contract shall in any case release the Contractor of his liability under this Contract and Bond. 8.2 Progress of Work - It is understood and agreed that the Contractor shall commence work not later than the time limit for beginning as set forth in the attached Proposal, and shall provide an adequate force of labor and equipment to prosecute the Work at as many different points as may be deemed necessary by the Engineer so as to insure the completion of the same within the time limit for completion as set forth in the attached Proposal or Contract, except that where the Contractor has more than one uncompleted Contract with the City, he is not to commence another Contract nor place materials on the streets thereof without the consent of the Engineer. 8.3 Limitations of Operations - The work is to be confined, at any one time, to five squares, not to exceed 1,500 feet in length; and while the work is actually going on, as much as half this length may be barricaded to entirely exclude traffic, but not over half, nor will two consecutive street intersections be allowed to be entirely closed to exclude traffic except by written consent of the Engineer. Street traffic is not to be needlessly obstructed but no street is to be opened to traffic until the Engineer gives his consent. The Contractor may erect or maintain along the lines of his work such tool boxes, sheds, storehouses, or other buildings as may be necessary, provided such structures do not interfere with the reasonable use of the streets or sidewalks. The size, location, and construction of these must be subject to the approval of the Engineer. The Contractor hereby agrees to arrange his work and dispose his materials so as not to interfere with the operations of other contractors engaged upon adjacent work and to join his work to that of others in a proper manner in accordance with the spirit of the Plans and Specifications, and to perform his work in the proper sequence in relation to that of other Contractors, all as may be directed by the Engineer. Each Contractor shall be held responsible for any damage done by him or his agents to the work performed by another Contractor. Each Contractor shall so conduct his operations and maintain the Work in such condition that adequate drainage shall be in effect at all times. 8.4 Character of Workmen and Equipment - The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent. Whenever the Engineer shall determine that any person employed by the Contractor is, in his opinion, incompetent, unfaithful, disorderly, or insubordinate such person shall, upon notice, be discharged from the Work and shall not again be employed on it except with written consent of the Engineer. BID NO: 45-00/01 CLTY OF MIAMI BEACH DATE: 6/25/01 42 All wodunen must have sufficient skill and experience to properly perform the work assigned them. All workmen engaged on special work or skilled work, or in any trade, shall have had sufficient experience in such work to properly and satisfactorily perform it and to operate the equipment involved, and shall make due and proper effort to execute the Work in the manner prescribed in these Specifications. Otherwise the Engineer may take action as above prescribed. Should the Contractor fail to remove such person or persons, or fail to furnish suitable or sufficient machinery, equipment, or force for the proper prosecution of the Work, the Engineer may withhold all estimates which are or may become due, or may suspend the Work until such orders are complied with. The equipment used on any portion of the Work shall be such that no injury to the roadway, adjacent property, or other highways will result from its use; and no item of machinery or equipment, after once being place on the Work, shall be removed without the consent of the Engineer. 8.5 Temporary Suspension of Work - The City or Engineer shall have the authority to suspend the Work wholly or in part for such period or periods as may be deemed necessary due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the Work, or for such time as is necessary due to the failure on the part of the Contractor to cavy out orders given or perform any or all provisions of the Contract. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the traveling public unnecessarily, nor become damaged in any way, and he shall take every reasonable precaution to prevent damage or deterioration of the work performed; provide suitable drainage of the roadway by opening ditches, shoulder drains, etc., and erect temporary structures where directed. The Contractor shall not suspend the Work and shall not remove any equipment, tools, lumber, or other materials without the written pennission of the Engineer. No allowance of any kind will be made for such suspension of work except an equivalent extension of time for completion of the Contract. 8.6 Computation of Contract Time for Completion of the Work - Contractor shall perform fully, entirely, and in accordance with these Specifications the Work contracted for within specified time stated in the attached Proposal. In adjusting the contract time for the completion of the Work, the length of time expressed in days, during which the prosecution of the Work has been delayed in consequence of any suspension of work ordered by the Engineer, or omission of the Board and not by any fault of the Contractor, shall be added to the contract time as set forth in the attached Proposal, all of which shall be determined by the Engineer, and whose determination shall be binding and conclusive upon both parties to the Contract If the satisfactory execution and completion of the Contract shall require work or material in greater value than set forth in the Contract, then the contract time shall be increased in the same ratio as the additional value bears to the original value contracted for. No allowance shall be made for delay or suspension of the prosecution of the Work due to fault or negligence of the Contractor. No claim for damages shall be made or allowed on account of delay or postponement occasioned by the precedence of other contracts which may be either let or executed before the execution of the Contract, or on account of the streets or structures adjacent to the Work not being in the condition contemplated by the parties at the time of making the Contract, or on account of delay in the removal of obstructions; but if the Contractor shall be delayed in the performance of his work by reason of the streets or structures BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 43 adjacent to the Work not being in condition contemplated, or on account of delay in the removal of obstructions, or by reason of the Work or any part thereof being suspended on account of other contracts, or for any other reason, such allowance of time will be made as the Engineer shall deem reasonable. 8.7 Failure to Complete the Work on Time - The Work to be done under this Contract is to be begun on or before the date set forth in the attached Proposal, and shall be prosecuted with proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed within the time limit set forth in the attached Proposal, and it is understood and agreed that the time limit for the completion of said Work is of the essence of the Contract, and should the Contractor fail to complete the Work on or before the date specified it is agreed that for each calendar day that any work shall remain uncompleted, after the time specified in the attached Proposal, with any extension of time which may be allowed by the Engineer for the completion of the Work provided for in these Plans, Specifications, Special Provisions, and Contract, the sum per day given in the following schedule shall be deducted from the monies due to the Contractor, not as a penalty but as liquidated damages and added expense for supervision on each Contract: Amount of Liquidated Damages and Estimated Cost of Supervision Per Day See Paragraph 3.2 of Agreement The Contractor shall take into account all contingent work which has to be done by other parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said contingent work as an excuse for delay in his work or for its non- performance. Nothing in this clause shall be construed as limiting the right of the Board to declare the Contract forfeited, to take over the Work, or to claim damages for the failure of the Contractor to abide by each and every one of the terms of this Contract as set forth and provided for in the General Provisions, Special Provisions, and Specifications herein contained. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 44 8.8 Annulment of Contract - If the Contractor fails to begin the Work under Contract within the time specified, or fails to perform the Work with sufficient workmen and equipment or with sufficient materials to insure the prompt completion of said Work, or shall perform the Work unsuitably, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work, or if the Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgement to stand against him unsatisfied for a period of forty eight (48) hours, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not cavy on the Work in an acceptable manner, the Engineer may give notice in writing to the Contractor and his Surety of such delay, neglect, or default, specifying the same, and if the Contractor, within a period of ten (10) days after such notice shall not proceed in accordance therewith, then the Board shall upon written certificate from the Engineer of the fact of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority, without violating the Contract, to take the prosecution of the work out of the hands of said Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in its opinion shall seem advisable for the completion of said Contract in an acceptable manner. All costs and charges incurred by the Board, together with the costs of completing the Work under contract, shall be deducted from any monies due or which may become due said Contractor. In case the expense shall exceed the sum which would have been payable under the Contract, then the Contractor and the Surety shall be liable and shall pay to the City the amount of said excess. 8.9 Termination of Contractor's Responsibility - This Contract will be considered complete when all work has been completed, final inspection made, and the work accepted by the Board as hereinafter provided. The Contractor will then be released from further obligation except as set forth in his bond, and except as provided in Article 7.16. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 45 Section 9 MEASUREMENT AND PAYMENT 9.1 Measurement of Quantities - All work completed under this Contract shall be measured by the Engineer, according to United States Standard Measures. All measurements shall be taken horizontal or vertical, except for paving surfaces, which will be taken along the actual surface of the pavement. No allowance shall be made for surfaces laid over a greater area than authorized or for material moved from outside of slope -stakes and lines shown on the Plans, except where such work is done upon written instructions of the Engineer. 9.2 Scope of Payments - It is understood and agreed that the Contractor shall receive and accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor, equipment, and tools, and for performing all the Work contemplated and embraced in the attached Specifications and Proposal, also for all loss or damage arising out of the nature of the Work aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work, until its final acceptance as hereinafter provided for, and also for all risks of every description and all expenses incurred by or in consequence of the suspension or discontinuance of the Work as herein provided for, or for any infringement of patent, trademark, or copyright, and for the completion of the Work in accordance with the Plans, Specifications, and Contract. 9.3 Payment and Compensation for Altered Quantities -When Alterations in Plans or quantities of work not requiring Supplemental Agreements as hereinbefore provided for are ordered and performed, the Contractor shall accept payment in full at the Contract unit price for the actual quantities of work done; no allowance will be made for anticipated profits; increased or decreased work involving Supplemental Agreements shall be paid for as stipulated in such agreement. 9.4 Force Account Work - All Extra Work done on a "Force Account" basis shall be performed by such labor, teams, tools, and equipment as may be specified by the Engineer, and will be paid for in the following manner: (a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for every hour that said labor, teams, and foremen are actually engaged in such work, to which shall be added an amount equal to 15 percent of the sum thereof which shall be considered as full compensation for general supervision and the fiimishing and repairing of small tools and ordinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to the above, the Contractor shall receive the actual cost for Social Security Taxes, Unemployment Insurance, and Workmen's Compensation Insurance involved in such force account work, based on the actual wages paid the said labor and foremen. No percentage will be added to the cost of such taxes or insurance. (b) For all materials used the Contractor shall receive the actual cost of such materials, delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on the cost of such materials. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 46 (c) For any special equipment or machinery, such as power driven milers, tractors, tricks, shovels, drills, concrete mixers, pumps, and hoists, also industrial railway equipment, crushers, etc., required for the economical performance of the work, the Engineer shall allow the Contractor a reasonable rental price to be agreed upon in writing before such work is begun, for each and every hour that said special equipment is in use on the work, to which sum no percentage shall be added. The compensation as herein provided shall be received by the Contractor as payment in frill for Extra Work done on a force account basis, The Contractor's representative and the Inspector shall compare records of extra work done on a force account basis at the end of each day. Copies of these records shall be made in duplicate upon a form provided for this purpose by the Inspector and signed by both the Inspector and the Contractor's representative, one copy being forwarded, respectively, to the Engineer of his authorized representative, and to the Contractor. All claims for extra work done on a force account basis shall be submitted as hereinbefore provided by the Contractor upon certified statements, to which shall be attached original receipted bills covering the costs of and the freight charges and hauling on all materials used in such work, and such statements shall be submitted to the Engineer on the current estimate of the month in which work was actually done. 9.5 Omitted Items - The City shall have the right to cancel the portions of the Contract relating to the construction of any items therein by the payment to the Contractor of a fair and equitable amount covering all items incurred prior to the date of cancellation or suspension of the work by order of the Engineer. 9.6 Partial Payments - If the Work progresses according to Contract, the Contractor will be paid monthly ninety (90) percent of the value of the work completed, and materials furnished by the Contractor under these Specifications, when such materials have been delivered, inspected, and payments satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the Engineer, are such as will p►ubably be incorporated in the Work within thirty (30) days; ten (10) per cent of the amount due being reserved until a final settlement after the completion of the Work. Contractor shall provide PARTIAL RELEASE OF LIENS with each Application for payment. It is understood and agreed that the City may also deduct from any estimate, either partial or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams, equipment and/or other things as elsewhere provided herein. Should any defective work or material be discovered previous to the final acceptance, or should a reasonable doubt arise previous to the final acceptance as to the integrity of any part of the completed Work, the estimate and payment for such defective or questioned work shall not be allowed until the defect has been remedied and causes for doubt removed. The monthly payments shall be approximate only, and all partial estimates and payments shall be subject to collection in the final estimate and payment. If the total amount of the retained percentage of the Contract is greatly in excess of the uncompleted portion of the Contract the Engineer may allow the Contractor a portion of the suspended payment, provided that the City shall at all times retain an amount sufficient to enable it to complete the uncompleted work in the Contract and liquidate unsatisfied claims. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 47 9.7 Acceptance and Final Payment - Whenever the improvement provided for under this Contract shall have been completely performed on the part of the Contractor, and all parts of the Work have been approved by the Engineer according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the constriction and from the adjoining land, the Engineer, after final inspection as provided herein, shall certify such fact to the Board in writing, recommending the acceptance of the Work. Upon acceptance of the Work by the Board, a Final Estimate showing the value of the Work will be prepared by the Engineer as soon as the necessary measurements and computations can be made all prior certificates or estimates upon which payments have been made being approximate only and subject to correction in the Final Estimate. The amount of the Final Estimate, less any sums that may have been deducted or retained under the provisions of this Contract, will be paid to the Contractor within thirty(30) days after the Final Estimate has been approved by the Board, provided that the Contractor has furnished to the Board a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with the Work done under this Contract Upon this final payment the City is to be released from all liability whatever growing out of this Contract. No final payment shall be made without the submittal of the following documents: the FINAL RELEASE OF LIEN, THE FINAL RELEASE OR 1 ETTER OF APPROVAL OF THE SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFICIAL, a LETTER OF FINAL COMPLETION or LETTER OF FINAL ACCEPTANCE from the A/E of record, approved by the City. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 48 Section 10 SPECIAL PROVISIONS 10.1 WORKMEN'S COMPENSATION: Before starting work the Contractor shall furnish satisfactory evidence that he has complied with the Workmen's Compensation Act of the State of Florida, and any amendments thereto, and all laws pertaining to the protection of his employees. 10.2 BONDS: Bid and Contract Bonds will be required. A cashier's check, treasurer's check, bank draft of any National or State bank, or Bid Bond payable to the order of the City of Miami Beach executed by the bidder in the amount of not less than five (5%) percent of the total bid shall accompany each proposal. The Performance and Payment Bonds shall each be in the amount of one hundred (100%) percent of the contract price, submitted by the successful bidder and placed through a Miami Beach agency where practicable. 10.3 PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades and warning signs to protect the public during the course of the work. The Contractor shall take every precaution to protect the abutting properties and minimize the possibility of damage to same. Contractor shall be liable for restoration of all property including City property. 10.4 LEGAL LIABILITY: All suits, actions, or claims of whatever nature which, may arise occasioned either directly or indirectly by the work provided for under the Specifications herein, shall be assumed by the Contractor and the City Commission and all its officers, agents, employees shall be indemnified and saved harmless therefrom. 10.5 FAMILIARIZATION: The Contractor shall visit the site of proposed work in order to become familiar with existing conditions at the site. 10.6 PERMITS: The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction permits issued by the City of Miami Beach. 10.7 CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS: In case of conflict between the requirements of Special Provisions and General Provisions, the requirements of the Special Provisions will prevail. 10.8 LIMITATIONS OF OPERATIONS: No work shall be accomplished on Saturdays and Sundays. No work shall take place between the hours of 6:00 p.m. and 7:00 a.m., however contractor may take necessary precautions to protect work already accomplished. Any work that the contractor finds necessary to provide during the above days and times, must obtain written permission from the Property Management Director or designated representative. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 49 Technical Specifications Plans and specifications prepared by Toni Graboski Associates. (Revised April 19, 2001) The purpose of this signage package is to provide exterior directional information for the Convention Center, and to provide specific event information per Hall for our clients and patrons. The small pylon signs located outside the Halls C and D will also provide maps of Miami Beach with primary focus on hotels, restaurants, and shopping. 2. The Contractor is responsible for the manufacturing and installation of all signs and all related/associated services in accordance with the bid specifications, which include electrical, carpentry and landscaping work. Plans outlining the scope of work are available for this bid but must be ordered through T -Square. The attached order form on page 51 must be completed and retumed to T -Square before prospective bidders will receive requested plans. 3. Warranty: All signs shall have a one year wananty on workmanship and parts and a five- year maintenance contract with a 48-hour response time. List of Plans (18 Plans -11 x 17 Pages) Page 1 - Cover Page 2 (1a) - Site Plan Page 3 (lb) - Site Plan, Proposed Location of Large Pylon ID Sign Page 4 (L1.0) - Site Plan Landscape Plan Page 5 (lc) - General Notes Page 6 (ld) - General Specifications Page 7 (02) - Large Pylon Sign Type "A" - East Elevation - Double -Faced Page 8 (02a) - Optional Pylon Mast Feature Detail Page 9 (03) - Large Pylon ID Sign Type "A" - East Elevation - Double -Faced Page 10 (04) - Large Pylon ID Sign Type "A" - West Elevation - Double -Faced Page 11 (05) - Large Pylon ID Sign Type "A", Side View- South Elevation - Double -Faced Page 12 (06) - Large Pylon ID Sign Type "A", Side View - North Elevation - Double -Face Page 13 (7a) - Small Pylon ID Sign Type "B" Under "C" Hall Entry Canopies - Single -Faced Page 14 (7b) - Plan -Location of L.E.D. Unit under Hall "B" Entry Canopy -Sign No. 9 Page 15 (7c) - Detail -Horizontal Section Showing Typical Set -Back of L.E.D. Units from Face of Exiting Columns Page 16 (08) - North Elevation -Sigh Type "C" - L.E.D. Unit at Hall "D" (Hall "C" Similar) Under Canopy Page 17 (09) - East Elevation -Sign Type "C" - L.E.D. Unit at Hall "B" Under Canopy Page 18 (09a) - Detail -Horizontal Section showing Typical Set Back of L.E.D. Units from Face of Existing Columns BID NO: 45-00/01 CffY OF MIAMI BEACH DATE: 6/25/01 50 C.O.D Order T-SQUARE ATTN:CARMEN DAVILA FAX 305-3248040 PHONE 305-3241234 EX. 320 CITY OF MIAMI BEACH BID # 40 Authorized by : Roman Martinez Fax: 305.324-8040 Complete Set 11x17 Plans 18 Pages Others Price per SQ.FT S .12cnts full size/ half size $ 1.00 per first copy &.45 second copy Total (MINIMUM ORDER FOR FREE DELIVERY 520.00 PER DELIVER) COMPANY NAME : ORDER BY: Bill to: COD T -Square Acct# 613204 Cash: Credit Card # Visa:_ Amex:_ Master:_ Other: Ex. date In the name of: Authorization signature Ship TO: City State zip code Phone: - Fax: Contact name Title Received by: shipped by: UPS # FEDEX # Received by: shipped by: UPS # FEDEX # Next day air Next day air saver Ground Second day air AM Second air Three day select Handling charge 5 Order received by T -Square: Title: ANY QUESTION AT T-SQUARE PLEASE CALL 305-324-1234 ASK FOR: Rusty James— VP Production Ext.202 Don Walker = Production Dto = Ext. 224 Jesus Luya = Production Dto. = Ext. 224 Veronica Lorza = Account Manager = Ext. 230 Carmen Elena Davila = Sales Manager = Ext. 320 If you already have account with T -Square please used your account # to please de order. Thank you for you business. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 51 DIVISION 3. LOBBYISTS Sec. 2-481. Definitions. The following words, terns and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi -autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas of responsibility. Commissioners means the mayor and members of the city commission. Departmental personnel means the city manager, all assistant city managers, all department heads, the city attorney, chief deputy city attomey and all assistant city attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner, any action, decision, recommendation of any city board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the city commission, or a city board or committee. The term specifically includes the principal as well as any agent, attomey, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the city that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, §§ 1, 2, 3-4-92; Ord. No. 92-2785, §§ 1, 2, 6-17-92) Cross reference(s)--Definitions generally, § 1-2. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 52 Sec. 2-482. Registration. (a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk Every person required to register shall register on forms prepared by the clerk, pay a regist,ation fee as specified in appendix A and state under oath: (1) His name; (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional city commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. (c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The city clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (f) In addition to the registration fee required in subsection (a) of this section, registration of all Lobbyists shall be required prior to October 1 of every even -numbered year, and the fee for biennial registration shall be as specified in appendix A. (g) In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current city commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (h) The registration fees required by subsections (a) and (f) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the city manager shall waive the registration fee ,on a finding of financial hardship, based upon a swom statement of the applicant. Any person who only appears as a i .presentative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 53 whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the clerk as required by this section. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777, § 3, 3-4-92; Ord. No. 92-2785, § 3, 6-17-92) Sec. 2-483. Exceptions to registration (a) Any public officer, employee or appointee or any person or entity in contractual privity with the city who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self -representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attomey, officer or employee of such person. (Ord. No. 92-2777, §§ 4, 5, 3-4-92; Ord. No. 92-2785, §§ 4, 5, 6-17-92) Sec. 2-484. Sign -in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign -in logs for all non- city employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, § 6, 6-17-92) Sec. 2-485. List of expenditures. (a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. (b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All Togs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S. § 11.0045. (c) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 54 Conunissioners or city personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. (d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attorney shall report the results of the investigation to the city commission. Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut the findings, if necessary, and submit any written material in defense to the city commission. The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord. No. 92-2777, § 6, 3-4-92; Ord. No. 92-2785, § 7, 6-17-92) BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 55 DIVISION 4. PROCUREMENT Sec. 2-486. Cone of silence. (a) Contracts for the provision of goods and services other than audit contracts. (1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any communication regarding a particular request for proposal ('RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's professional staff including, but not limited to, the city manager and his or her staff; and (b) any communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's professional staff including, but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff. (2) Procedure. a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this division. b. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) in the event of contracts for less than $10,000.00, when the city manager executes the contract. (3) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the city commissioners during any duly noticed public meeting, contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid by the city commission, or communications in writing at any time with any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request. (b) Audit contracts. (1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any cornmunications regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member of the city's professional staff including, but not limited to the city manager and his or her staff, and (b) any oral communication regarding a BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 56 particular RFP, RFQ, RFLI, or bid between the mayor, City commissioners or their respective staffs and any member of the city's professional staff including, but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to communications with the city attorney and his or her staff. (2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or his or her designee shall provide for the public notice of the cone of silence. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to the selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) or in the event of contracts for less than $]0,000.00, when the city manager executes the contract. (3) Nothing contained herein shall prohibit any bidder or proposer. (I) from making public presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee meetings; (ii) from engaging in contract discussions during any duly noticed public meeting; (iii) from engaging in contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (iv) from communicating in writing with any city employee or official for purposes of seeking clarification or additional information from the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written communication with the city clerk. The city clerk shall make copies available to the general public upon request. (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or entity from publicly addressing the city commissioners during any duly noticed public meeting regarding action on any audit contract. The city manager shall include in any public solicitation for auditing services a statement disclosing the requirements of this division. (c) Violations/penalties and procedures. An alleged violation of this section by a particular bidder or proposer shall subject said bidder or proposer to the same procedures set forth in section 2-457, shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the state attomey and/or may file a complaint with the county ethics commission. (Ord. No. 99-3164, § 1, 1-6-99) BID NO: 45-00/01 C1TY OF MIAMI BEACH DATE: 6/25/01 57 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397 Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors from City work may be undertaken. (b) The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the City's protection. and not for purposes of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398 Definitions. (a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. (b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 58 (c) Contractor means any individual or other legal entity that: (1) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded„ or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers, bidders, proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent„ representative or subcontractor of another contractor. (d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere (e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in limited instances specified in this ordinance. a bidder or proposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a contractor so excluded is debarred. (j9 Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and. if warranted. to impose debarment, (g) Prependerxree Greater weight of the evidence means proof by information that, compared with that opposing it ,leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (1) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceedings. (j) List of debarred contractors means a list compiled, maintained and distributed by the Citys Procurement Office. containing the names of contractors debarred under the procedures of this ordinance. Section 2-399 List Of debarred contractors. (a) The City's Procurement Office. is the agency charged with the implementation of this ordinance shall: (1) Compile and maintain a current. consolidated list (List) of all contractors debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 59 (2) Periodically revise and distribute the List and issue supplements, if necessary, to all departments. to the Office of the City Manager and to the Mayor and City Commissioners: and (3) Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (b) The List shall indicate: (1) The names and addresses of all contractors debarred. in alphabetical order; (2) The name of the department that recommends initiation of the debarment action; (3) The cause for the debarment action, as is further described herein. or other statutory or regulatory authority: (4) The effect of the debarment action: (5) The termination date for each listing; (6) The contractor's certificate of competence or license number. when applicable; (7) The person through whom the contractor is qualified. when applicable: (8) The name and telephone number of the point of contact in the department recommending the debarment action. (c) The City's Procurement Office shall: (1) In accordance with internal retention procedures. maintain records relating to each debarment; (2) Establish procedures to provide for the effective use of the List, including internal distribution thereof. to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List: and (3) Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400 Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers firm. award contracts to, or consent to subcontracts with these contractors. unless the City Manager determines that an emergency exists justifying such action. and obtains approval from the Mayor and City Commission, which approval shall be given by 5/7ths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives subcontractors or partners of other contractors. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 60 (b) Debarred contractors are excluded from acting as individual sureties. Section 2-401 Continuation of current contracts. (a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds for termination of the contract as well as disqualification from consideration on any RFP, RFO. RFLI. or bid. (b) The debarment shall take effect in accordance with the notice provided by the City Manager pursuant to subsection 2-405(h) below, except that if a City department has contracts or subcontracts in existence at the time the contractor was debarred, the debarment period may commence upon the conclusion of the contract subject to approval of same be 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of current contracts. or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control. and such action is approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled. meeting. (d) No further work shall be awarded to a debarred contractor in connection with a continuing contract. where the work is divided into separate discrete groups and the City's refusal or denial of further work under the contract will not result in a breach of such contract. Section 2-402 Restrictions on subcontracting. (a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager determines that an emergency exists justifying such consent. and the Mayor and City Commission approves such decision, by 5/7ths vote. at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP. RFO. RFLI, or bid. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 61 Section 2-403 Debarment. (a) The Debannent Committee may, in the public interest debar a contractor for any of the causes listed in this ordinance. using the procedures outlined below. The existence of a cause for debarment. however. does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making any debarment decision. (b) Debarment constitutes debarment of all officers, directors. shareholders owning or controlling twenty-five (25) percent of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or corrunodities. The Debarment Committee's decision includes any existing affiliates of the contractor. if they are (I) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. (c) A contractor's debarment shall be effective throughout City Government. Section 2-404 Causes for debarment (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (1) For commission of a fraud or a criminal offense in connection with obtaining. attempting to obtain, performing, or making a claim upon a public contract or subcontract. or a contract or subcontract funded in whole or in part with public funds: (2) For violation of federal or State antitrust statutes relating to the submission of offers: (3) For commission of embezzlement, theft, forgery, bribery. falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding. and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow. a bidder or proposer) based upon a greater weight of the evidence, for, (1) Violation of the terms of a City contract or subcontract. or a contract or subcontract funded in whole or in part by City funds. such as failure to perform in accordance with the terms of one (1) or more contracts as certified by the City department administering the contract; or the failure to perform. or unsatisfactorily perform in accordance with the terms of one (1) or more contracts, as certified by an independent registered architect. engineer. or general contractor. (2) Violation of a City ordinance or administrative order which lists debarment as a potential Penalty. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 62 Section 2-405 Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen -at large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for debannent, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) conceming the proposed debarment, including the cause and grounds for debarment. as set forth in this ordinance. (b) Upon completion of the aforestated written report, the City Manager shall forward said report to the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee and, with the assistance of the person or persons which prepared the report. present evidence and argument to the Debarment Committee (c) Notice of proposal to debar. Within ten working days of the Debarment Committee having receivedthe request for debarment and written report, the City's Procurement Office, on behalf of the Debarment Committee shall issue a notice of proposed debarment advising the contractor and any specifically named affiliates, by certified mail. return receipt requested, or personal service. containing the following infomiation: (1) That debarment is being considered: (2) The reasons and causes for the proposed debannent in terms sufficient to put the contractor and any named affiliates on notice of the conduct or transaction(s) upon which it is based; (3) That a hearing shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may be represented by an attorney, may present documentary evidence and verbal testimony, and may cross- examine evidence and testimony presented against it. (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment. (d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must fumish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list,in writing, at least seven (7) working days prior to the hearing or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set asidethe waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 63 (e) Hearsay evidence shall be admissible at the hearing but shall not fu,ui the sole basis for initiating a debarment procedure nor the sole basis of any determination of debarment, The hearing shall be transcribed. taped or otherwise recorded by use of a court reporter, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense and request of the requesting party. (1) Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the Debarment Committee shall make a decision on the basis of all the undisputed. material information in the administrative record. including any undisputed, material submissions made by the contractor. Where actions are based on disputed evidence. the Debarment Committee shall decide what weight to attach to evidence of record, judge the credibility of witnesses, and base its decision on the greater weight of the evidence standard. The Debarment Committee shall be the sole trier of fact. The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. (g) The Committee's decision shall be in writing and shall include the Committee's factual findings, the principal causes of debarment as enumerated in this ordinance. identification of the contractor and all named affiliate: affected by the decision, and the specific term. including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (1) If the Debarment Committee decides to impose debarment. the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision. specifying the reasons for debarment and including a copy of the Committee's written decision; stating the period of debarment, including. effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed, the City Manager shall notify the contractor and any named affiliates, by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision. (i) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406 Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines set forth below. but in no event shall exceed five (5) years. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 64 (b) The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) For commission of an offense as described in subsection 2404(a)(1); five (5) years (2) For commission of an offense as described in subsection 2404(a)(2): five (5) years. (3) For commission of an offense as described in subsection 2404(aX3): five (5) years. (4) For c years. ion of an offense as described in subsection 2404(aX4): two (2) to five (5) (5) For commission of an offense as described in subsections 2404(b)(1) or (2): two (2) to five (5) years. (c) The Debarment Committee may, in its sole discretion. reduce the period of debarment, upon the contractor's written request. for reasons such as: (1) Newly discovered material evidence: (2) Reversal of the conviction or civil judgment upon which the debarment was based: (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debarment Committee deems appropriate. (d) The debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 65 SECTION 4. REPEALER, All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on the 3rd day of March,2000. PASSED and ADOPTED this 23rd day of February, 2000. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6125/01 66 Sec. 38-6. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS. (a) General. (1) No person who is a vendor to the city shall give a campaign contribution directly, or through a member of the person's immediate family, or through a political action committee, or through any other person, to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall solicit or receive any campaign contribution from a person who is a vendor to the city, or through a member of the person's immediate family, or through a political action committee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. (2) A fine of up to $500.00 shall be imposed on every person who violates this prohibition. Each act of solicitation, giving or receiving a contribution in violation of this paragraph shall constitute a separate violation. All contributions received by a candidate in violation of this paragraph shall be forfeited to the city's general revenue fund. (3) A person who directly, or through a member of the person's immediate family, or through a political action committee, or through any other person makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from transacting business with the city. This prohibition on transacting business with the city may be waived only in the manner provided hereinbelow in subsection (b). (4) As used in this section: a. A "vendor" is a person who transacts business with the city, or has been approved by the city commission to transact business with the city, or is listed on the city manager's approved vendor list. b. A "contribution" is: 1.A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of value, including contributions in kind having an attributable monetary value. 2.A transfer of funds between political committees, between committees of continuous existence, or between a political committee and a committee of continuous existence. 3.The payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to a candidate or political committee without charge to the candidate or committee for such services. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 67 4.The transfer of funds by a campaign treasurer or deputy campaign treasurer between a primary depository and a separate interest-bearing account or certificate of deposit, and the term includes any interest earned on such account or certificate. (b) Conditions for waiver of prohibition. The requirements of this section may be waived for a particular transaction by city commission vote after public hearing upon finding that: (1) An open -to -all sealed competitive proposal has been submitted and the city official/done has in no way participated in the determination of the bid specifications or bid award; (2) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering into a transaction which would violate this section but for waiver of its requirements; (3) The business entity involved in the proposed transaction is the sole source of supply within the city; or (4) An emergency contract must be made in order to protect the health, safety or welfare of the citizens of the city, as determined by a five -sevenths vote of the city commission. Any grant of waiver by the city commission must be supported with a full disclosure of the subject campaign contribution. (c) Applicability. This section shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered into in violation of this section. (Ord. No. 2000-3244, § 1, 5-10-00) BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 68 Sec. 38-6. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS. (a) General. (1)No person who is a vendor to the city shall give a campaign contribution directly, or through a member of the person's immediate family, or through a political action committee, or through any other person, to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall solicit or receive any campaign contribution from a person who is a vendor to the city, or through a member of the person's immediate family, or through a political action committee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. (2)A fine of up to $500.00 shall be imposed on every person who violates this prohibition. Each act of solicitation, giving or receiving a contribution in violation of this paragraph shall constitute a separate violation. All contributions received by a candidate in violation of this paragraph shall be forfeited to the city's general revenue fund. (3)A person who directly, or through a member of the person's immediate family, or through a political action committee, or through any other person makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from transacting business with the city. This prohibition on transacting business with the city may be waived only in the manner provided hereinbelow in subsection (b). (4)As used in this section: a.A "vendor" is a person who transacts business with the city, or has been approved by the city commission to transact business with the city, or is listed on the city manager's approved vendor list. bA "contribution" is: 1.A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of value, including contributions in kind having an attributable monetary value. 2.A transfer of funds between political committees, between committees of continuous existence, or between a political committee and a committee of continuous existence. 3.The payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to a candidate or political committee without charge to the candidate or committee for such services. 4,The transfer of funds by a campaign treasurer or deputy campaign treasurer between a primary depository and a separate interest-bearing account or certificate of deposit, and the term includes any interest earned on such account or certificate. BID NO: 45-00/01 CITY OF MIAMI BEACH DATE: 6/25/01 69 (b)Conditions for waiver of prohibition. The requirements of this section may be waived for a particular transaction by city commission vote after public hearing upon finding that: (1)An open -to -all sealed competitive proposal has been submitted and the city official/done has in no way participated in the determination of the bid specifications or bid award; (2)The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering into a transaction which would violate this section but for waiver of its requirements; (3)The business entity involved in the proposed transaction is the sole source of supply within the city; or (4)An emergency contract must be made in order to protect the health, safety or welfare of the citizens of the city, as determined by a five -sevenths vote of the city commission. Any grant of waiver by the city commission must be supported with a full disclosure of the subject campaign contribution. (c)Applicability, This section shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered into in violation of this section. (Ord. No. 2000-3244, § 1, 5-10-00) BID NO: 45-00/01 DATE: 6/25/01 CITY OF MIAMI BEACH 70