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Contract for Bid 20-01/02
CITY OF MIAMI BEACH PROCUREMENT DIVISION Interoffice Memorandum To: From: Subject: Robert Parcher City Clerk pGrUoSc uLrOePme ~,n tCDP ,Pr~Oct o r 'y Date: March 21, 2003 CONTRACT FOR BID 20-01/02, CITY WIDE FIRE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT Five (5) copies of the above referenced Contract are attached for the Mayor's signature and execution. The insurance certificate has been approved by Risk Management and the City Attorney has approved the form and language for contract execution. Thank you for your prompt attention to this matter. Gus Lopez, CPPO Procurement Director ao This is the frontpage of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: Bond Number: Contractor Name: Owner Name: Western Surety Company PO Box 5077 Sioux Falls, SD 57117-5077 800-331-6053 22725210 MiamiFire Equipment, Inc. 150 SW27thAvenue Miami, FL 33135 305-642-6626 City of Miami Beach, FL 1700 convention Drive Miami Beach, FL 33139 305-673-7000 Project Number: Bid No. 20-01/02 Project Description: City Wide Fire Safety System-Inspection & Maintenance Contract Project Address: State of Florida, County of Dade, City of Miami Beach Legal Description of Property: City Wide Fire Safety System-Inspection & Maintenance Contract This is the frontpage of the bond. All other pages are subsequent regardless of the pre-printed numbers. Performance Bond Bond No.: 22725210 Contractor (Name and Address) Miami Fire Equipment, Inc. 150 SW 27th Avenue Miami, FL 33135 305-642-6626 Surety (N~e and Principal Place of Business) Western Surety Company PO Box 5077 Sioux Falls, SD 57117-5077 800-331-6053 Owner (Name and Address) City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7000 CONSTRUCTION CONTRACT Date: Amount: Sixty Thousand and 00/100 Dollars ($60,000.00) Description (Name and Location): Bid No. 20-01/02, City Wide Fire Safety System-Inspection and Maintenance Contract BOND Date: (Not Earlier than Construction Contract Date): Amount: Sixty Thousand and 00/100 Dollars Modifications to this Bond: ($60,000.00) [] None [~See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Miami Fire Equipment, Inc. By: Name and Title: V~lerie Ann Deville, President (Any additional signatures appear on page 3) SURETY Company: (Corporate Seal) Western Surety Company Name and Title: Michael A. HolmeS, Attorney-In-Fa~t and Florida Resident Agent (FOR INFORMATION ONLY-Name, Address and Telephone) Agent or Broker Brown & Brown, Inc. P.O. Box 5727 Ft. Lauderdale, FL 33310-5727 954-776-2222 Owner's Representative (Architect or Engineer) Page 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fi~een days after receipt of such notice to discuss methods of performing the Construction contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's fight, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the surety have received notice as provided in Subparagraph 3.1 and 3.3 The Owner has agreed to pay the balance of the Contract Price to the surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take on of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; · 1 A~er investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5. ff the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fi~een days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. Afrer the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the construction Contract· To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance oftbe Contract Price to mitigation of costs and damages on the construction Contract, the surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and complete of the Constmcfion Contract; 6.2 Additional legal, design, professional and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the contractor. 7. The surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set offon account of any such unrelated obligations. Not right of action shall accrue on this bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years a~er Contractor Default or within two years at~er the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the O~ner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Page 2 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by thc Owner to thc Contractor under the Construction Contract after all proper adjus~nents have been made, including allowance to the Contractor &any amounts raceived or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by ail valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between thc Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure oftbe Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATION TO THIS BOND ARE AS FOLLOWS: NONE (Space is provided below for additional signatures of added panics, other than those appearing on thc cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Miami Fire Equipment, Inc. Western Surety Company By: N/A By: N/A Name and Title: Address: (Corporate Seal) Name and Title: Michael A. Holmes, Attorney-In- Fact and Florida Resident Agent Address: Page 3 Payment Bond Bond No.: 22725210 Contractor (Name and Address) Miami Fire Equipment, Inc. 150 SW 27th Avenue Miami, FL 33135 305-642-6626 Surety (Name and Principal Place of Business) Western Surety Company PO Box 5077 Sioux Falls, SD 57117-5077 800-331-6053 Owner: (Name and Address) City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7000 CONSTRUCTION CONTRACT Date: Amount: Sixty Thousand and 00/100 Dollars ($60,000.00) Description (Name and Location): Bid No. 20-01/02, City Wide Fire Safety System-Inspection and Maintenance Contract BOND Date:(Not earlier than Construction Contract Date): Amount: Sixty Thousand and 00/100 Dollars Modifications to this Bond: [] None ($60,000.00) [] See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporatc Seal) By:Miami Fire E~m~. Name andTitle: Va~ierie Ann Deville,President SURETY Company: (Corporate Seal) Western Surety Company Name and Title: Michael A. Holmes, Attorney~In-Fact and Florida Resident Agent (Any additional signatures appear on page 6) (FOR INFORMATION ONLY-Name, Address and Telephone) Agent or Broker Brown & Brown, Inc. P.O. Box 5727 Ft. LauderdaleFL33310-5727 954-776-2222 Owner's Representative (Architect or Engineer) Page 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment fumisbed for use in thc performance of the construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for the use in the performance of the Construction Contract provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits to thc Contractor and the surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this bond until: 4.1 Claimants who are employed by or have a direct contract with thc Contractor have given notice to the surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have fumisbed written notice to thc Contractor and sent a copy, or notice thereof, to thc Owner, within 90 days after having last performed labor or last furnished materials or equipment included in thc claim stating, with substantial accuracy, the amount of thc claim and thc name oftbe party to whom thc materials were fumisbed or supplied or for whom thc labor was done or performed; and 2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contrac~r by which the Contractor has indicated the claim will be paid directly or indirectly; and 3 Not having been paid within the above 30 days, have sent a written notice to the surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at thc Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating thc amounts that are undisputed and the basis for challenging any amounts that arc disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for thc performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. l 0 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or al~r the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(l) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the surety, thc Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of nntice by surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statuto~ or other legal requirement in thc location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed delated herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon receipt by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. IS DEFINITIONS 15.1 Claimant: an individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, ma~rials or equipment for use in the performance of the Contract. Page 5 The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were fumisbed. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES ARE INCORPORATED HEREIN BY REFERENCE. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Miami Fire Equip~nept, Inc. ~Le' and Title'. t ~r~ie'va e(ie~le, President Address: SURETY Company: (Corporate Seal) Western Surety Company Name and Title: Michael A. Holmes, ~torney-ln-Fact and Florida Resident Agent Address: P~e6 POWER OF ATTORNEY (Irrevocable) 2 2 7 2 5 210 Know All Men by These Presents: No. se. That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Western Sur~.~pany, a corporation, does hereby make, constitute and appoint the following TWO I z. ] authorized individuals: AUTHOR~ZI~D INDIVIDUALS AUTHORtz, v:~: INDIVIDUALS GERALD JULIUS :ARCH MICHAEL A HOLMES tn the City of FORT LAUDEROALE State of FLORI DA wi~ limit~ au~ofity, its ~e md law~l Attorney(s) in fact with full power and authority hereby con~d, to sign, execute, ac~owledge md deliver ~r and on its behalf as Surety, the ~llowing described bond: BID, PERFORMANCE. AND/OR PAYMENT BOND. IN ADDITION THE RELATED TRANSACTIONS SUCH AS CONSENTS OF SURETY, RIDERS. AND LETTERS OF INTENT. MAINTENANCE AND WARRANTY BONOSo PROVIDING THE BONO PENALTY DOES NOT EXCEED THREE MILLION AND NO/I00 DOLLARS (**3.000.000.00). ********************************************************************** ********************************************************************** The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of JANUARY 31 :>008 but until such time shall be irrevocable and in full force and effect. WESiERI~ 8~,~o ~ {70]y]pANY further certifies that the following is a tree and exact copy of Section 7 of the By-Laws of Western Surety Company, duly adopted and now in force~ ~Wi~* !~$&t~h ~?dl bonds policies undertakings Powers of Attorney or other obligations of the corporation shall Ix: executed in the coq~orate name of the Company by ~ ~l~si~nt. gek~etary~ ~y ~sistant Secretary, Treasu ..... any Vice President. or by such other officers as the Board. o~ Direcyors may ,autho..r~.. The ._~_~}d_.e~n_t.,_~y:~V~c~ Pr~id~t; Secrdtary¢ ally 3/~i~iiJecreta~, or the Treasurer may appoint Attorneys in Fact or Agents who shall have autllonty to ~ssue ~onos, poumes, or n~of the ~pan3~. :~ equate seal is not necessary for the validity .o.f ,,any bonds, pohmes, undertakings, Powers of Attorney or other obhgatlons of the corporation The ~[g~e: ~hny such offi~tmd ~he!~corporate seal may be printed by facsimile. ~d :penal amount of the ~ ~er~in described may be. !ncre~a~s~ed if ~er~.is att. a..ched..to .~is.mo~w~r.. w.ri.tt,e..n au~.o~_tsowa~u~,,o~fiZrinsg~etat~e~ foOr~s~[s~ante~edcO~veno~ ~ttees[e~ ~le~ sigl~d by the Senior Un~ntlng Officer, Underwnang ~nncer, m-esment, wce m'esmem, fisststaln vice ctv~tucm slae~ Comfy ~tdly ai~ing said increase. i~ ~l~gS WHEREOg ~estern Surety Company has caused these presents to be executed by its Senior Vice President with its corporate seal affixed this 1St , 2002 WESTE/~N SURETY COMPANY STATE O~ g6~lgH DAKOTA 1 By $ SS. COUNTY OF MINNEHAHA Senior Vice PrejKdent On this 1st day of April , in the yem' 2002 before me, a Notary Public, personally appeared Paul T. Bruflat, who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. · D. KRI=LL · ~.OU'H ~ol'a(~$ Notary Public, South Dakota In testimony wbereof, I have h ..... to set ray hand and the seal of Western Surety Company this* ~ day of WE S T E R--N SURETY COMPANY I *IMPORTANT' This date must be filled in before it is attached // J ~ [to the bond an~' it must be the same date as the bond. I By /L~t / ~,~-~ Form 749-4-2002 ' Senior ¢ice Pre~,~ent ® DUPLICATE ORIGINAL Western Surew Company DISHONESTY BOND (FOR ANY TYPE OF BUSINESS) Bond No. 69470469 In consideration of the agreed premium, Western Surety Company, a South Dakota corporation (the "Surety"), hereby agrees te indemnify Miami Fire Equipment, Inc. 150 S.W. 2?th Ave., Miami, FL 33135 (the "Insured"), against any loss of money or other property which the Insured shall sustain or for which the Insured shall incur liabihty to any Customer or Subscriber of the Insured through any fraudulent or dishonest act or acts committed by any Employee or Employees of the Insured acting alone or in Collusion with others, the amount of indemnity on each of such Employees being Twenty-Five Thousand and 00/100 DOLLARS( $25,000.00 ). THE FOREGOING AGREEMENT IS SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: TERM OF BOND: SECTION 1. The term ofthis bond begins with the 10th dayof March , 2003 , standard time, at the address of the Insured above given, and ends at 12:00 o'clock night, standard time, on the effective date of the cancellation of this bond in its entirety. EXCLUSION: SECTION 2. This bond does not apply to loss, or to that part of any loss, as the case may be, the proof of which, either as to its factual existence or as to its smount, is dependent upon an inventory computation or a profit and loss computation. In addition, the policy does not apply to the defense of any legal proceedings brought against the Insured, or to fees, costs or expenses incurred or paid by the Insured in prosecuting or defending any legal proceedings whether or not such proceedings results or would result in a loss to the Insured covered by this policy. In addition, the Company shall not be liable for any costs, fees and other expenses incurred by the Insured in establishing the existence or the amount of loss covered under this policy. DISCOVERY PERIOD: SECTION 3. Loss is covered under this bond only (a) if sustained through any act or acts committed by Insured while this bond is in force as to such Employee, and (b) if discovered prior to the expiration or sooner cancellation of this bond in its entirety as provided in Section 10, or from its cancellation or termination in its entirety in any other manner, whichever shall first happen. DEFINITION OF EMPLOYEE: SECTION 4. The word Employee or Employees, as used in this bond, shall be deemed to mean, respectively, one or more of the natural persons (except directors or trustees of the Insured, if a corporation, who are not also officers or employees thereof in some other capacity) while in the regular service of the Insured in the ordinary course of the Insured's business during the term of this bond, and whom the Insured compensates by salary or wages and has the right to govern and direct in the performance of such service, and who are engaged in such service within any of the States of the United States of America, or within the District of Col-mbia, Puerto Rico, the Virgin Islands, or elsewhere for a limited period, but not to mean brokers, factors, commission merchants, consignees, contractors, or other agents or representatives of the same general character. FRAUDULENT OR DISHONEST ACT: SECTION 5. A FRAUDULENT OR DISHONEST ACT OF AN EMPLOYEE OF THE INSURED SHALL MEAN AN ACT WHICH IS PUNISHABLE UNDER THE CRIMINAL CODE IN THE JURISDICTION WITHIN WHICH ACT OCCURRED, FOR WHICH SAID EMPLOYEE IS TRIED AND CONVICTED BY A COURT OF PROPER JURISDICTION. MERGER OR CONSOLIDATION: SECTION 6. If any natural persons shall be taken into the regular service of the Insured through merger or consolidation with some other concern, the Insured shall give the Surety written notice thereof and shall pay an additional premium on any increase in the number of Employees covered under this bond as a result of such merger or consolidation computed pro rata from the date of such merger or consolidation to the end of the current premium period. NON-ACCUMULATION OF LIABILITY: SECTION 7. Regardless of the number of years this bond shall continue in force and the number of premiums which shall be payable or paid, the liability of the Surety under this bond shall not be cumulative in amounts from year to year or from period to period. Form 1432-10-2002 LIMIT OF LIABILITY UNDER THIS BOND AND PRIOR INSURANCE: SECTION 8. With respect to loss or losses caused by an Employee or which are chargeable to such Employee as provided in Section 5 and which occur partly under this bond and partly under other bonds or policie~ issued by the Surety to the Insured or to any predecessor in interest of the Insured and terminated or cancelled or allowed to expire and in which the period for discovery has not expired at the time any such loss or losses thereunder are discovered, the total liability of the Surety under this bond and under such other bonds or policies shall not exceed, in the aggregate, the amount carried under this bond on such loss or losses or the amount available to the Insured under such other bonds or policies, as limited by the terms and conditions thereof, for any such loss or losses, if the latter amount be the larger. SALVAGE: SECTION 9. If the Insured shall sustain any loss or losses covered by this bond which exceed the amount of coverage provided by this bond, the Insured shall be entitled to all recoveries, except from suretyship, insurance, reinsurance, security or indemnity taken by or for the benefit of the Surety, by whomsoever made, on account of such loss or losses under this bond until fully reimbursed, less the actual cost of effecting the same; and less the amount of the deductible carried on the Employee causing such loss or losses; and any remainder shall be applied to the reimbursement of the Surety. CANCELLATION AS TO ANY EMPLOYEE: SECTION 10. This bond shall be deemed cancelled as to any Employee: (a) immediately upon discovery by the Insured, or by any partner or officer thereof not in collusion with such Employee, of any fraudulent or dishonest act on the part of such Employee; or (b) at 12:00 o'clock night, standard time, upon the effective date specified in a written notice served upon the Insured or sent by mall. Such date, if the notice be served, shall be not less than ten days after such service, or, if sent by mail, not less than f~fteen days after the date of mailing. The marling by Surety of notice, as aforesaid, to the Insured at its principal office shall be sufficient proof of notice. CANCELLATION AS TO BOND IN ITS ENTIRETY: SECTION 11. This bond shall be deemed cancelled in its entirety at 12:00 o'clock night, standard time, upon the effective date specified in a written notice served by the Insured upon the ~urety or by the Surety upon the Insured, or sent by mall. Such date, if served by the Surety, shall be not less than ten days after such service, or if sent by the Surety by mail, not less than fifteen days after the date of mailing. The mailing by the Surety of notice, as aforesaid, to the Insured at its principal office shall be sufficient proof of notice. The Surety shall refund to the Insured the unearned premi,m computed pro rata if this bond be cancelled at the instance of the Surety, or at short rates if cancelled or reduced at the instance of the Insured. PRIOR FRAUD, DISHONESTY OR CANCELLATION: SECTION 12. No Employee, to the best of the knowledge of the Insured, or of any partner or officer thereof not in collusion with such Employee, has committed any fraudulent or dishonest act in the service of the Insured or otherwise. If prior to the issuance of this bond, any fidelity insurance in favor of the Insured or any predecessor in interest of the Insured and covering one or more of the Insured's Employees shall have been cancelled as to any of such Employees by reason of (a) the discovery of any fraudulent or dishonest act on the part of such Employees, or Co) the giving of written notice of cancellation by the insurer issuing said fidelity insurance, whether the Surety or not, and if such Employees shall not have been reinstated under the coverage of said fidelity insurance or superseding fidelity insurance, the Surety shall not be liable under this bond on account of such Employees unless the Surety shall agree in writing to include such Employees within the coverage of this bond. LOSS-NOTICE--PROOF--LEGAL PROCEEDINGS: SECTION 13. At the earliest practical moment, and at all events not later than frfteen days after discovery of any fraudulent or dishonest act on the part of any Employee by the Insured, or by any partner or officer thereof not in collusion with such Employee, the Insured shall give the Surety written notice thereof and within four months after such discovery shall file with the Surety affnunative proof of loss, itemized and duly sworn to, and shall upon request of the Surety render every assistance, not pecuniary, to facilitate the investigation and adjustment of any loss. No suit to recover on account of loss under this bond shall be brought before the expiration of two months from the filing of proof as aforesaid on account of such loss, nor after the expiration of fifteen months from the discovery as aforesaid of the fraudulent or dishonest act causing such loss. If any limitation in this bond for giving notice, filing claim or bringing suit is prohibited or made void by any law controlling the construction of this bond, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. PART-TIME OR TEMPORARY EMPLOYEES: SECTION 14. The named Insured shall not at any time while this bond is in force direct any temporary or part-time Employee(s) to any subscriber's premises unless such Employee(s) is accompanied by a foreman who is in the regular employ of the Insured. SIGNED, SEALED AND DATED February llth 2003 WESTER~RETY COMPANY By PAUL T. BRUFLAT, SENIO~rICE PRESIDENT INVITATION FOR BIDS CITY WIDE FIRE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT BID # 20-01/02 BID OPENING: APRIL 17, 2002 AT 3:00PM RISK MANAGEMENT Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 F:~PURCXSALLXBoiler Plate Bid\bidtemplatel .doc BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28/02 1 ACORD. CERTIFICATE OF LIABILITY INSURANCF , c%%-G I PRODUCER Tanenbaum Harber of Florida 1111 Park Centre Blvd. Miami FL 33169 Phone: 305-620-0200 Fax: 305-620-7886 INSURED Miami Fire ~qui~aent,q~nc. Attn: Mr. uerek Devl~e 150 SW 27th Avenue Miami FL 33135 THIS CERTIFICATE IS ISSUED AS A MAi I~-K 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. INSURERS AFFORDING COVERAGE INSURERA: United National Insurance Co. INSURERB; Progressive Express Ins. Co. INSURERC: FCCI Insurance Co INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS. INSR POLICY Er rl=,~ ii~E POLICY exPirATION LTR TYPE OF INSURANCE POLICY NUMBER DATE [MMIDD/YY) DATE [MM/DD/YY) LIMITS GENERAL LIABILITY : EACH OCCURRENCE $ I; 000 t 000 A X COMMERCIAL GENERAL MABILITY T.7158420 04/05/02 04/05/03' FIREOAMAGE(Anyonefire) $50~000 I CLAIMS MADE [~ OCCUR i MED EXP(Anyone person) $ 5 r 000 X BLKT ADDL INSD EN PERSONAL&ADVINJURY $1,000,000 GENERAL AGGREC.~TE $ 2,000,000 GEN'LAGGREGATE LIMITAPPMES PER: PRODUCTS-COMPK)PAGG $ i, 000,000 PRO- j POLICY [----] JECT [--~ LOC I AUTOMOBILE LIABILITY ! COMBINED SINGLE LIMIT $ 300 t 000 E X ANYAUTO 041999910 04/05/02 04/05/03 (Eaac~dent) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS~Jd7 ~/~~ i (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ N/A ANYAUTO OTHERTHAN EAACC $ N/A AUTOONLY: AGG S N/A I EXCESS LIABIMTY EACH OCCURRENCE $ N/A I occuR ~ C~MSMADE AGGREGATE ~ ~/A $ "/A DEDUCTIBLE $ N/A RETENTION $ $ N/A WORNERSCO..E..^ O.A"D x ! TORYL,M,TSI' C EMPLOYERS'LIABILITY 001WC02A45723 04/05/02 04/05/03 E.L. EACH ACCIDENT $ 100t 000 E.L DISEASE-LA EMPLOYEE $ 100,000 E.L DISEASE - POLICY LIMIT $ 500,000 OTHER N/A N/A DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Miami Beach is additional insured in respect to General Liability only as to operations of Miami Fire Equipment Co. CERTIFICATE HOLDER [ Y I ADDITIONAL INSURED; INSURER L~-]it:R: -- CANCELLATION CITY OF MIAMI BEACH Office of Purchasing Agent 1700 CONVENTION CENTER DR MIAMI BEACH FL 33139 ACORD 25-S (7/97) CIT1003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRrI~rEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Lic# A135453 © ACORD CORPORATION t 988 CITY OF MIAMI BEACH CITY' HALL 1700 CON~NTI~ CEN~R DRI~ M~MI B~CH, FLORIDA 33139 ~ [ ~ To: From: SubJect: COMMISSION MEMORANDUM Mayor David Definer and Members of the City Commission Jorge M. Gonzalez ~.~x/ City Manager REQUEST FOR 'PROVAL TO AWARD A CONTRACT TO MIAMI FIRE EQUIPMENT FOR THE FOLLOWING SERVICES 1) INSPECTION, TESTING AND MAINTENANCE OF THE CITY'S DRY CHEMICAL FIRE EXTINGUISHERS, AND THE HALON FIRE CONTROL SYSTEMS AND; 2) THE INSPECTION, TESTING AND MAINTENANCE OF THE FIRE PUMPS, FIRE SPRINKLER SYSTEMS, AND FIRE ALARMS IN THE ESTIMATED ANNUAL AMOUNT OF $80,000, PURSUANT TO THE REQUIREMENTS OF INVITATION TO BID NO. 20-Oll02. Date: December 11, 2002 ADMINISTRATION RECOMMENDATION Approve the contract award. FUNDING $80,000 (Estimated amount per year) Funds are available from the Property Management Division's budget accounts to be allocated, subject to Office of Management and Budget Approval. ANALYSIS The previous contract was awarded to Miami Fire Equipment Inc. (Bid No.111-94/95 via Commission Memorandum No. 654-95). The contract was in force for one (1) year beginning on October 1, 1995, and renewed for four (4) additional one-year periods. Since the expiration of their contract, Miami Fire Equipment, Inc. has been providing fire safety systems inspections and maintenance services for the City on a month-to-month basis. This contract is to provide all equipment (test and diagnostic), tools, labor, and materials necessary to perform maintenance and inspections of all City-owned buildings in accordance.with the minimum standards of maintenance and inspections as required by the National Fire Prevention Association (NFPA), State of Florida Uniform Fire Safety Rules and Standards (UFSR&S), and local Fire Codes. Commission Memorandum December 11, 2002 Page 2 ANALYSIS Cont.) The types of Fire Systems to be inspected and maintained are Dry Chemical Fire Extinguishers and Halon Fire Control Systems, Fire Pumps, Fire Sprinkler Systems, and the Fire Alarm Systems. The contract shall commence the day after date of award by the City Commission, unless otherwise stipulated in the Notice to Proceed Letter, which is distributed by the Procurement Director. The contract shall remain in effect for a period of one (1) year. This contract could be extended for additional three (3) years, on a year-to-year basis, if mutually agreed upon by both parties. The City included language in the Bid document that gives the City the option to award to multiple vendors by bid group or groups to achieve the best unit and total cost for the City. Three bids were received. Miami Fire Equipment's overall total bid of $49,957.50 versus Simplex Gdnnell overall total bid of $77,905, was the lowest bid received. The remaining bidder declined to bid on all three components of the contract. In evaluating the individual components, The Miami Firs Equipment bid was lowest in each category, as well as overall the lowest bid. Therefore, it is recommended that the bid be awarded for the complete contract to the lowest responsible bidder, Miami Fire Equipment, which is over $27,000 less than Simplex Gdnnell's bid. The remaining funds may be used for the repair/replacement of Fire AJarms, Fire Sprinklers, Fire Pumps and Fire Extinguishers, on an as needed basis. CONCLUSION Based on the analysis of the bids received, it is recommended that the contract be awarded to the lowest and best bidder, Miami Fire Equipment, for the Inspection, Testing and Maintenance of the City's Dry Chemical Fire Extinguishers, Halon Fire control Systems, Fire Pumps, Fire Sprinkler Systems and the Fire Alarm Systems, in the estimated annual amount of $80,000. JMG:RCM:FB:BJ:GL T:~AGENDAI2002~OEC1102~CONSE N~MiamiFire.memo6.doc Attachment~: 1. Bid Tabulation 2. Contract Requirements AI'rACHMENT 1 BID TABULATION Because this bid was issued with estimated quantifies for the repair/replacament of the 1600 Dry Chemical Fire Extinguishers (Group 1) over a four year period, and because the City's Fire Department will now conduct the weekly running of the Fire Pumps (Group 2) the actual yeady 'required/hard costs' for Groups 1 - 3, are listed below: Miami Fire Equipment ~Simplex GHnnell Wiflinton Fire Systems Group 1 - $18,980 Group 2- $14,880 Group 3- $16,097.50 Total: $4g,957.50 Group 1 - $9,900 Group 2 - $7,400 Group 3 - $60,605 Total: $77,905 Group 1 - No Bid Group 2 - $38,750 Group 3 - No Bid Grinnell would not accept a partial award. They would only accept all or nolhing. ATTACHMENT 2 The successful bidder of the dry chemical fire extinguisher contract shall be responsible for permanently (e.g. engraving) marking all fire extinguishers installed on City of Miami Beach properties. The identifying marking shall have "CMB" that will identify the extinguisher as being the property of the City of Miami Beach along with numeric characters that can track where the fire extinguisher is installed on specific City facilities. A report showing a complete listing of all extinguishers, together with where they are installed is required to be supplied to the City of Miami Beach Properly Management Contract Administrator on an annual basis. The first report shall be completed within six (6) months of the award of the contract to the successful bidder. All bidding contractors shall provide a bid to cover inspections, testing, maintenance and repair of all equipment listed in the categories bid upon. This bid will constitute all existing equipment presently installed in the listed City Properties portion of this contract. DRY CHEMICAL FIRE EXTINGUISHER REPLACEMENT: The successful bidder on the dry chemical fire extinguisher portion of this contract shall supply line item pricing for the following: 5 lb. "ABC' fire extinguisher 10 lb. "ABC" fire extinguisher DRY CHEMICAL FIRE EXTINGUISHERS SCOPE OF WORK: All inspections, testing, maintenance and repair of Dry Chemical Fire Extinguishers will be in accordance with N.F.P.A. 10 (Standards for Portable Fire Extinguishers). Additionally, all contractors shall comply with the following: Inspection of all sites listed in this contract must be responsible for providing the proper number, type, and size of dry chemical fire extinguishers in all locations as required by the Uniform Fire Safety Rules and Standards, Chapter 4A-21. All fire extinguishers installed shall display a gauge indicating the status of the charging of the unit, a tag indicating the type of extinguisher and date of last certification. Additionally, the extinguisher shall be permanently marked with the letters "CMB" and a numeric control number. ATTACHMENT 2 THE DRY CHEMICAL FIRE EXTINGUISHER iNote: All sites are located within the boundaries of the City of Miami Beach) All inspections, testing, and maintenance will be in accordance with N.F.P.A. 12A (Standard on Halon 1301 Fire Extinguishing Systems) and 12B (Standard on Halon 1211 Fire Extinguishing Systems), and the Uniform Fire Safety Rules and Standards. The successful bidding contractor shall be responsible for providing the following: 1. SEMI-ANNUAL inspections for the control panel, cylinder gauges, battery charging, manual releases, electrical wiring, enclosure integrity, and protected hazard increases as noted in IM 13.0.4 and provide maintenance as needed to all locations. 2. A site log at each location detailing all inspection and maintenance activities. Log is to be located at the Halon tank area of each service location. 3. A detailed monthly report summary of inspections and maintenance to the City of Miami Beach Property Management Department Contract Administrator. The detailed report summary shall include the following information: 1. Facility 2. Equipment 3. Date Serviced, Tested, or Inspected 4. Date Due for Service, Testing or Inspection 5. Remarks (e.g. repairs or parts replaced) HALON FIRE CONTROL SYSTEM (Note: All sites are located within the boundaries of the City of Miami 'Beach) FIRE PUMP TESTING: The successful bidder shall supply fire pump testing for the following sites on an as needed basis: All maintenance, testing and inspection procedures will be in accordance with N.F.P.A. 25- 1992 (Standard for the Inspection, Testing and Maintenance of Water Based Fire Protection Systems), and the Uniform Fire Safety rules and Standards. ATTACHMENT 2 FIRE SPRINKLER SYSTEM. (Note: All sites ara located within the boundaries of the City of Miami Beach) FIRE ALARM SYSTEMS: All maintenance, testing, and inspections shall be done in accordance with N.F.P.A. 72- 1993 (National Fira Alarm Code), and the Uniform Fire Safety Rules and Standards. The successful bidding contractor shall be responsible for performing the following: 1. An annual inspection of all devices, valves, sensors, panels and other system components and verify the Fire Department is receiving the alarm signal. 2. An annual test of the sprinkler system water flow (actuated by actual water flow from the sprinkler system's inspector test connection). Additionally, the successful bidding contractor shall be responsible for providing: 1. A comprehensive annual inspection of all control panels, pull stations, detectors and visual and audible (strobes, horns, bells etc.) signaling devices. 2. Maintain a complete inspection and maintenance log of all alarm systems installed in City facilities. The log is to be kept at each building alarm panel location for the purposes of inspection and compliance by the City's fire inspector and/or Property Management Contract Administrator. 3. A quarterly report to the Property Management Departmenrs Contract Administrator detailing all inspections and maintenance performed. FIRE ALARM SYSTEM (Note: All sites ara located ~thin the boundaries of the City of Miami Beach) INTERVENING REPAIR CALLS: Service under this contract shall include necessary rapair calls made outside the normal inspection period at no additional cost to the City. Such service shall be fumished during the contractor's normal business hours within eight (8) working hours after raceipt of repair request received by the contractor. Only rapair requests oriainatin,q from the City of Miami Beach Properly Mana,qement Department personnel shall be responded to by the contractor. The contractor shall inform other City departments requesting maintenance or repair to forward their request directly to the City's Property Management Department for disposition. ATTACHMENT 2 INABILITY TO PERFORM REQUIRED TESTING: The successful contractor shall inform the City of Miami Beach Property Management Contract Administrator anytime required tests cannot be performed when required due to circumstances beyond the control of the contractor. No fees shall be charged to the City of Miami Beach for tests not performed. The successful contractor shall obtain an alternate date from the Property Management Contract Administrator when the required test cannot be performed due to the circumstances stated above. After three unsuccessful attempts to perform the test, the contractor may seek reimbursement for "travel time" to perform the required tests. The travel time fee shall be determined by the Cty of Miami Beach Property Management Contract Administrator. However this fee will not exceed $100.00. Safeguards for the City's protection have been made a part of this new contract. A Performance and Payment Bond in the amount of $60,000 each, and a Commercia~ Blanket Bond in the amount of $25,000 will be provided by the successful bidder. Additionally, the City reserves the right to deduct payment(s) in an amount specified in the bid/contract documents for either non- qualified security guard, and/or for unsatisfactory performance in accordance with the specified Terms and Conditions of this contract. The Invitation to Bid was issued on March 28, 2002. A pre-bid conference was held on April 3, 2002. As a result of questions received from prospective Vendors, Six (6) Addenda's were issued. DemandStar by Onvia issued bid notices to 1633 prospective Vendors, with 31 vendors requesting packages, which resulted in the receipt of three (3) responsive bids. ATTACHMENT 2 CONTRACT REQUIREMENTS SUMMARY: The successful bidder(s) shall be responsible for providing all required and necessary test and diagnostic equipment, minor materials, maintenance logs and reports, tools, and labor necessary to perform the scope of work outlined in Contract. Fines may be imposed on the contractor for violations by its personnel by deducting the amount of the fine from a subsequent invoice for that location. Notice of a violation, and the intent to impose a fine shall be given to the contractor by sending a copy of the site representative's report promptly after the site representative submits it. This allows the contractor time to bring any extenuating circumstances to the site and contract administrator's attention. All fines are assessed by the City of Miami Beach Contract Administrator, whose decisions are final. Violations that may result in a fine include, but are not limited to, those listed below. Fines imposed shall be $¶00.00 per infraction, unless otherwise noted. The following schedule damages (fines) shall be imposed for the following violations: 1. Fire Extinguisher or Halon System beyond date due for inspection: each unit $25.00 2. Fire Pump certif'mation expired (not tested by expiration date) $100.00 3. Fire Alarm certification expired (not tested by expiration date) $100.00 4. Eire Sprinkler certification expired (not tested by expiration date) $100.00 5. Not notifying the Property Mgmt. Contract Administrator or Fire Department of system impairment of a life safety system. $150.00 6. Failure to maintain proper maintenance log of Life Safety Equipment $75.00 7. Failure to supply monthly/annual status report to the Contract AdministratorS150.00 The successful bidder(s) will provide and maintain inspection logs for all equipment maintained at each site and provide a detailed monthly report summary of inspections and maintenance to the City of Miami Beach Properly Management Department Contract Administrator. The detailed report summary shall include the following information: 1. Facility 2. Equipment 3. Date Serviced, Tested, or Inspected 4. Date Due for Service, Testing or Inspection 5. Remarks (e.g. repairs or pads replaced) 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 (ITB) NO. 20-01/02 ADDENDUM NO. 6 May 8, 2002 CITY WIDE FIRE SAFETY SYSTEM INSPECTION AND MAINTENANCE CONTRACT has been amended: The Bid Opening Date form May 9, 2002, to May 14~ 2002 at 3:00 p.m. in the Procurement Division located at the 1700 Convention Center Drive Miami-Beach, FL 33139 CHANGE: The following Page 50 (4 of 9) from addendum 4 BIDDER'S WHO HAVE SUBMITTED THEIR BID PRIOR TO RECEIPT OF THIS ADDENDUM, MAY REQUEST IN WRITING, THAT THEIR BID BE RETURNED OR MAY SUBMIT A SUPPLEMENTAL BID FORM WITH ANY REVISED PRICING INFORMATION BY THE BID OPENING DATE AND TIME. Bidders are required to acknowledge this Addendum on Proposal page 15 of 15 (page 59). "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 CITY Of MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 htr : \ci.miami-beach.fl.us PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID (ITB) NO. 20-01102 ADDENDUM NO. 5 May 7, 2002 CITY WIDE FIRE SAFETY SYSTEM INSPECTION AND MAINTENANCE CONTRACT The following Questions addressed as follows: Fire Alarm log Book is not available at the Historic City Hall? No log is available. Use the Schematic System Drawings supplied by the City to determine System parameters. The System is presently maintained by Honeywell. If a vendor has a license to operate in the State of Florida, Dade, and Broward counties, Do they need to apply for a "Occupational License" for the City of Miami Beach? If the Firm's Business is located within the City Limits of Miami Beach, the Firm must have a City of Miami Beach Occupational License You do not need to apply for City of Miami Beach Occupational License if you have a State of Florida License. The Deadline for prospective Bidders to submit Additional questions has expired. (May 6, 2002 at 5:00p.m.) BIDDER WHO HAVE SUBMITTED THEIR BID PRIOR TO RECEIPT OF THIS ADDENDUM, MAY REQUESTIN WRITING, THATTHEIR BID BE RETURNED OR MAY SUBMIT A SUPPLEMENTAL BID FORM WITH ANY REVISED PRICING INFORMATION BY THE BID OPENING DATE AND TIME. Bidders are required to acknowledge this Addendum on Proposal page 15 of 15 (page 59). "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 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 hllp:\\ci.miami-boach.fl.us PROCUREMENT DIVISION INVITATION TO BID NO. 20-01/02 Telephone (305) 673-7490 Facsimile (305) 673--7851 ADDENDUM NO. 4 May 6, 2002 CITY WIDE FIRE SAFETY SYSTEM-INSPECTION AND MAINTENANCE CONTRACT is amendexi as follows: Replace: Pages 39-42, and Pages 47-55 (Bid Proposal Pages) with the attached Amended Pages. Bidders are required to acknowledge this addendum on proposal page 59, "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 ao CITY OF MIAMI BEACH ~ 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 · [ · htt : ci.miami- each.fl, s PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID (ITB) NO. 20-01/02 ADDENDUM NO. 3 May 2, 2002 CITY WIDE FIRE SAFETY SYSTEM INSPECTION AND MAINTENANCE CONTRACT is amended as follows: CHANGES: Performance and Payment of Bonds in the Amount of $20,000.00, each will be required from the contractor for each Group (1,2,3) Awarded. The Bid Opening Date from May 3, 2002, to May 9~ 2002 at 3:00 p.m. in the Procurement Division located at 1700 Convention Center Drive Miami Beach, FL 33139. Prospective Bidders may submit Questions, via facsimile (305) 673-7851, to the Procurement Division no later than 5:00 p.m. on May 6, 2002. The following are responses to questions submitted: Q. Are current device counts going to be provided, based on the last inspection. NFPA? A. Yes. Inspection Reports are available and can be picked up in the Procurement Division located at 1700 Convention Center Drive, 3~d Floor, Miami Beach, FL 33139 Q. New code NFPA 1 - Florida Fire Protection Code, mandates correction of deviation within 5 days ofdiscovexy, is the city planning on having a conduit so vendors can gain fast approval for repairs? A. Yes, the City's Building Departulent and Property Management will work with the Contractor to expedite work. Q. Is the City going to provide dates of last sensitivity tests, and when the next ones are due, and include them in bid package? No. Bidders shall submit their bid based on the fact that Sensitivity Test will have to be performed on each Facility. Bid No. 20-01/02 Addendum No. 3 Page 2 Q. Ao Page 43 of the bid shows 20 locations with Fire Alarm Systems, yet page 56 and 57 list only 14 sites, which is correct? Twenty (20) is the correct number, however the City of Miami Beach has the right to add/delete locations as necessary. (See Section 2.5) tifled Additions/ Deletions of Facilities. If we (the vendors) are required to visit each and every site to review the project, who do we (the vendor) ask for at each site, what are the phone or contact numbers, and when can we visit? It is your option to visit each location to familiarize yourselves with the existing equipment and conditions. Utilize the list provided on page 43 for the names of the Facilities and their address. Site Visits to the facilities must be accomplished as specified in the previous Addendum (No. 2) (April 17, 2002- April 24, 2002) In order to expedite the whole process, we (the vendor) need copies of the most recent, or last year test and inspection on the Fire Alarm System. Yes. This can be picked up in the Procurement Division located at 1700 Convention Center Drive 3~ Floor, Miami-Beach Fl 33139. Does each Facility with a Fire Alarm System have a copy of the inspection report in the log Book, per NFPA 72? Yes. The Log Book (s) are located at each site and shall contain the latest system test report. What is the total number of F~ Extinguisher in each Facility? We do not have the exact number in each Facility but there is approximately 1600 fire extinguishers City wide. Can the last inspection report for each Halon 1301 fire suppression system be provided? Yes. It can be picked up in the Procurement Division at the 1700 Convention Center Drive 3'a floor, Miami Beach, FL 33139. Is it possible to provide the device count and control panel model for each site? Yes. This can be picked up in the Procurement Division located at 1700 Convention Center Drive 3~ Floor, Miami-Beach Fl 33139 What was last year Bid total contract amount, the name of the vendor, and their address? Bid No. 20-01/02 Addendum No.3 Page 3 Qe The total Contract amount was about $120,000.00 Vendor Name: Miami Fire Equipment Address: 150 S.W. 27t~ Avenue Miami, FL 33135 Regarding item 2.4 "Response Time". What was last year experience? Is this referring to the time the technician needs to be on site, or how soon to call on the phone? A two-hour response time requiring the technician to be on site is an extensive proposition, usually reserved for medical facilities. Last year there were Two (2) call outs within eight (8) hours, which resulted in a service technician on site, which wa s acceptable. A two hours response time means a call back and call out will be completed. It is expected that a Technician shall be available within eight (8) hours of call out. Every effort shall be made to provide services as soon as Possible when Life Safety conditions warrant immediate response. The two (2) hour response time requires that the contractor returns the phone call to the City and issues a Service Work order to their service technician within two (2) hours. This technician must be on site x~thin eight (8) hours from the initial call from the City. Twenty-four hours response time is adequate for Non Life Safety Work, Forty-eight Hours response time if call out is on a weekend On page No. 41, it states, "contractor shall supply line item for weekly (Unit Price) fire pump test". Where is the vendor supposed to show this? Page No53 only shows monthly and yearly cost requests? You will be required to submit this (Price) on the Amended Bid Form. Does the City want actual monthly cost, as requested? If so, are the vendors supposed to just perform a "run test" during that month and not a flow test? The City would prefer weekly cost, since weekly is a run test. Flow test is to be completed annually. The Bid specifications state nothing about performing an actual "flow test of the fire pumps". Is the vendor supposed to perform a flow test and issue written report? Yes. Should Back- Flow Certification and Maintenance be included in the Proposals? No. Back-Flow is a function of water supply. Bid No. 20-01/02 Addendum No3 Page 4 Qo Page 42-Fire Sprinkler System site locations does not include Miami Beach Convention Center North or South, should this be included in the Bid? Yes. Page 54- Fire Sprinkler does not include 42nd Street Parking Garage, 7th Street Parking Garage and 16th Street Parking Garage, Should these be included on page 54? Yes. What was the last contract price for Fire Pumps start up and testing on page 417 $210.00 Per Week, Per Pump. What was the last contract price for Sprinkler System on page 42? Approximately $60,000.00 ADD: THE FIRE ALARM SYSTEM SCHEMATIC, THE HALON REPORT, THE SEWER PUMPING STATIONS AND THE INSPECTION AND TESTING REPORT FOR THE FIRE ALARMS ARE AVAILABLE UPON WRITTEN REQUEST (305) 673-7851, AT THE PROCUREMENT DIVISION LOCATED AT 1700 CONVENTION CENTER DRIVE 3R~ FLOOR MIAMI BEACH, FL 33139. BIDDER WHO HAVE SUBMITTED THEIR BID PRIOR TO RECEIPT OF THIS ADDENDUM, MAY REQUESTIN WRITING, THATTHEIR BID BE RETURNED OR MAY SUBMIT A SUPPLEMENTAL BID FORM WITH ANY REVISED PRICING INFORMATION BY THE BID OPENING DATE AND TIME. Bidders are required to acknowledge this Addendum on Proposal page 15 of 15 (page 59). "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 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.u s PROCUREMENT DIVISION INVITATION TO BID NO. 20-01/02 ADDENDUM NO. 2 April 16, 2002 Telephone (305) 673-7490 Facsimile (305) 673-7851 CITY WIDE FIRE SAFETY SYSTEM-INSPECTION AND MAINTENANCE CONTRACT is amended as follows: I. ADD: Prospective Bidders may conduct any/all required Site Visits of the facilities from April 17, 2002 -April 24, 2002. (Access to the facilities will not be made available on the weekend, April 20/21, 2002). II. CHANGE: The Deadline Date for submittal of all questions is April 25, 2002. Questions must be submitted in writing to the Procurement Division ~ (305) 673-7851. III. ADD: A Subsequent Addendum will be issued to answer all questions received from prospective bidders. Bidders are required to acknowledge this addendum on proposal pagel5 of 15, "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:\\ci.miami-beach.fl.us PROCUREMENT DIVISION INVITATION TO BID NO. 20-01/02 ADDENDUM NO. 1 April 15, 2002 Telephone (305) 673-7490 Facsimile (305) 673-7861 CITY WIDE FIRE SAFETY SYSTEM-INSPECTION AND MAINTENANCE CONTRACT is amended as follows: The Bid Opening date is changed from April 17, 2002 to May 3, 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 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:~ci.miaml-beach.fl.us PROCUREMENT DIVISION INVITATION TO BID NO. 20-01/02 PUBLIC NOTICE Telephone (305) 673-7490 Facsimile (305) 673-7851 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 17TM DAY OF APRIL 2002 for: CITY WIDE FIRE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT Scope of Work: The work specified in this bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services necessary. All inspections, testing and maintenance of equipment shall be in accordance with N.F.P.A. 25-1992 or latest revision (Standard for the Inspection, Testing, and Maintenance of Water Based Fire Protection Systems), the Uniform Five Safety Rules and Standards and IRI's Interpretive Guide IM 12.0.2. MINIMUM REQUIREMENTS/QUALIFICATIONS: Ail bidding contractors must be capable of meeting all standards and criteria as established by the National Fire Prevention Association (NFPA), State of Florida Uniform Fire Safety Rules and Standards (UFSR&S), South Florida Building Code (SFBC), latest edition and hold all licenses required by Dade County and the Florida State Department of Professional Regulation. All bidders must be capable of servicing and maintaining all categories of items bid upon and have a minimum of five (5) yea~ verifiable and acceptable experience in commercial applications of all types of fire safety equipment in the respective categories being bid upon. At time, date, and place above, bids will be publicly opened. Please be advised that the City has implemented enhanced security measures and as a result you must present a photo identification card (i.e. drivels license) before entering our City HaH building. Bidders may expect delays up to 30 minutes, and should therefore plan accordingly in giving themselves enough time to deliver bid/proposal by the due date and time as specified herein. 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. BID NO: No. 20-01/02 C[1¥ OF MIAMI BEACH DATE: 3/28/02 2 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, comer service, including U.S. Mail, or any other occurrence. A Pre-Bid Conference will be held at 9:30am on the 3~ of April 2002 at the City of Miami Beach First floor Conference room. at 1700 Convention Center Drive, Miami Beach, FL 33139 Attendance at the Prebid Conference is highly encouragedand recommended as a source of information but is not mandatory. Bid GuaranW: All bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies or by cash, money order, certified check, cashiers check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), ~'easurer's check or bank draft of any national or state bank (United States), in the amount of $ 3~000.00 payable to City of Miami Beach, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond each in the amount of $100,000.00, and evidence &required insurance within fifteen (15) calendar days af~ notification of award of the Contract A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. 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 Bid, go to www. demandstar.com or call toll-free 1-800-711-1712, and request Document g_ 32._.~0 Subscribing to DemandStar by Onvia's bid notification system is not a req~,ment. You will still be able to find bid information and download documents through the City's website (http://ci.miami-beackfl. us. From the City's home page, click on Procurement and follow the instructions. You will be charged an administrative fee of $5.00 by DemandStar to download this document. Any questions or clarifications conceming this Bid shall be submitted in writing by mail or facsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: 005) 673- 7851. The Bid titleYnumber 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. Ail responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28~02 3 YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE '*CONE OF SILENCE, "1N ACCORDANCE WITH ORDINANCE NO. 99-3164. A COPYOF 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. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. Gus Lopcz, CPPO Procurement Director BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28/02 4 CITY WIDE FIRE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT BID NO.20-01/02 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: Original copy of Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the City of Miami Beach Procurement Director, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Facsimile bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. Ifa correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specificatiom CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a suppliers name from the bid mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. AH prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). BID NO: No. 20-01102 C[1¥ OF MIAMI BEACH DATE: 3/28/02 5 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 04-00097-09-23. 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most cun'ent production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.9 BIDDER*S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brads of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product qualitylevel only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufactures name and number ifhidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. BID NO: No. 20-01/02 C;IT¥ OF MIAMI BEACH DATE: 3/28/02 6 1.11 1.12 1.13 1.14 (NOT USED) (NOT USED) NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications, may be rejected and returned at vendors expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed fi.om the vendor list. B) All departments being advised not to do business with vendor. SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days at'r. er bid opening. Ail samples will be disposed of after thirty (30) days. Each individual sample must be labeled with biddex~s name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless othenvise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 1.15 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 1.16 INTERPRETATIONS: Unless otherwise stated in the bid, any questions conceming conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. Fax (305) 673-7851. 1.17 (NOT USED) 1.18 (NOT USED) 1.19 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be returned, unopened. 1.20 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk ofloss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. BID NO: No. 20-01/02 (Lily OF MIAMI BEACH DATE: 3/28/02 7 1.21 1.22 If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the fight to cancel the order upon written notice to the seller and remm product at bidder's expense. PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. DISPUTES: In case of any doubt or difference of opinion as to the items to be fumished hereunder, the decision of the City shall be final and binding on both parties. 1.23 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibfliW. 1.24 (NOT USED) 1.25 (NOT USED) 1.26 PATENTS & ROYALTIES: The bidder, without exception, shall indemnit~ and save harmless the City of Miami Beach, Florida and its employees fi'om liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or a_aide manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida~ If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.27 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as mended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.28 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.29 ANTI-DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause corltained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment oppommity for all persons without regard to race, color, religion, sex or national origin. BID NO: No. 20-01/02 CflY OF MIAMI BEACH DATE: 3/28/02 8 1.30 1.31 1.32 1.33 1.34 1.35 1.36 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490/VOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call the Heidi Johnson Wright at the Public Works Depaxh~lent at 305.673-7080. QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, oftbe best quality, and highest grade workmanship. (NOT USED) LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, l~mdts and insurance and assure all work complies with all applicable Dade County and City of Miami Beach building code requirements and the South Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. After acceptance of bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation~ The City Commission of Miami Beach, Florida reserves the right to t~mdnate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. BID NO: No. 20-01/02 Cl:l'Y OF MIAMI BEACH DATE: 3/28/02 9 1.37 1.38 1.39 1.40 1.41 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbe~ and shall be submitted in DUPLICATE to the City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139. (NOT USED) (NOT USED) NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.42 FACILITIES: The City Commission reserves the right to inspect the bidders facilities at any time with prior notice. 1.43 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed stamped envelope with the bid. 1.44 PROTESTED SOLICITATION AWARD: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 1.45 (NOT USED) 1.46 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submittng a Bid under this Solicitation is in doubt as to the tree meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least Ten (10) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28/02 10 1.47 Addendum if substantial changes which impact the technical submission of Bids is required. A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the Solicitation~ In the event of conflict with the original Contract Documents, Addendum shall govem all other Contract Documents to the extent specified. Subsequent addendum shall govem over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbany or in writing by any other city representative. DEMONSTRATION OF COMPETENCY: 1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from lams which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonslrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experimce) with the City in making the award in the best interest of the City. 3) The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidders Proposal may render the Bid non- responsive. 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidders record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. BID NO: No. 20-01/02 Ctl'~{ OF MIAMI BEACH DATE: 3/28/02 11 1.48 1.49 1.50 1.51 1.52 DETERMINATION OF AWARD The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: The ability, capacity and skill of the bidder to perform the Contract. Whether the bidder can perform the Conlract within the time specified, without delay or interference The character, integrity, reputation, judgement, experience and efficiency of the bidder. The quality of performance of previous contracts. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract.. ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid fiom the awarded vendor. However, items that are to be .Spot Market Purchased. may be purchased by other methods, i.e. Federal, State or local contracts. 1.53 ELIMINATION FROM CONSIDERATION 1.54 This bid solicitation shall not be awarded to any person or firm which is in arma~ to the County upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the County. WAIVER OF INFORMALITIES The City reserves the right to waive any infonmlities or irregularities in this bid solicitation. BID NO: No. 20-01/02 uIIY OF MIAMI BEACH DATE: 3/28/02 12 1.55 ESTIMATED QUANTITIES Estimated quantifies or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.56 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or proposal for any contract, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the prepamflon and submittal of such bids or proposals. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same conwact or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.57 DISPUTES In the event of a conflict between the documents, the order &priority of the documents shall be as follows: ? ? Any agreement resulting dom the award of this Bid (if applicable); then ? ? Addenda released for this Bid, with the latest Addendum taking precedence; then ?? The Bid; then ? ? Awardee's Bid. 1.58 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the RFP opening because ora disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. 1.59 GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. 1.60 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part ofthe bibber or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such BID NO: No. 20-01/02 {21'1'¥ OF MIAMI BEACH DATE: 3/28/02 13 1.61 1.62 1.63 acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. Additionally, the City may take such action. BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Dcpamnent, 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 thc 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. TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drag free work place program. A certification form will be required at that time. PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28/02 14 CITY WIDE FIRE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT BID NO. 20-01/02 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids to the most qualified contractor for citywide fire safety system inspection and maintenance. Services as specified herein, from a source(s) of supply that will give prompt and efficient services. 2.2 TERM OF CONTRACT: This contract shall commence the day after date of award by the City Commision of Miami Beach Florida, unless otherwise stipulated in the Notice of Award Letter which is distributed by Procurement Director. The contract shall remain in effect for a period of one (1) year, providing the successful bidder will agree to maintain the same terms and conditions of the current contract, this contract could be extended for an additional three (3) years, on a year to year basis, if mutually agreed upon by both parties. 2.3 PAYMENT: The successful bidder will be required to complete a check list (see attached sample) and leave with a designated person or at designated location each time service is performed. PAYMENT WILL BE BASED UPON RECEIPT OF SAID CHECK LIST. Invoices for payment will be submitted on a monthly basis for the duration ofconwact. Invoices will be subject to verification and approval by Property Management; Contract Administrator, or designated representative. 2.3a METHOD OF AWARD: Award of this contract will be the lowest responsive, responsive responsible bidder whose bid will be most advantageous to the City of Miami Beach. The City reserves the right to award this contract to multiple vendors if it is deemed to be in the best interest of the City. The City however will award to no more than three (3) vendors, as specified in Section 3, Minimum Specifications. 2.4 RESPONSE TIME: A two (2) hour response time may be required for emergency services. Failure to respond to a service call within the specified time may result in the successful vendor paying any and all costs associated with the repairs performed by a secondary vendor. This will be discussed in detail at the pm-performance conference. BID NO: No. 20-01/02 CI1Y OF MIAMI BEACH DATE: 3/28/02 15 2.5 ADDITIONS/DELETIONS OF FACILITIES: Although this Solicitation identifies facilities to be serviced, it is hereby agreed and understood that any facility may be added/deleted to/fxom this contract at the option of the City. When an addition to the contract is required, successful bidder(s) under this contract shall be invited to submit price quotes for these new facilities. If these quotes are comparable with prices offered for similar services, the award(s) shall be made to the lowest responsible bidder(s) meeting specifications in the best interest of the City and a separate purchase order shall be issued by the City. 2.6 PRICES SItALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid From shall remain fixed and finn during the term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.7 PRE-BID CONFERENCE/SITE INSPECTION: A Pre-Bid Conference will be held at 9:30am on 3rd of April 2002 at the City of Miami Beach First Floor Conference mom at 1700 Convention Center Drive Miami Beach, FL 33139 2.8 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the covh act or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. 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 fxom 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. BID NO: No. 20-01/02 CIl¥ OF MIAMI BEACH DATE: 3/28/02 16 Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List. 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. A copy of the endorsement(s) naming the City of Miami Beach as an additional insured is required and must be submitted to the City's Risk Manager. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage tiom the dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold hamfless 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 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 BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28/02 17 acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing indemnity ageement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. The conwactor will notifij his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carder. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose ofpmtecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors oftheir liabilities and obligations under any Section or Provisions of this contract. Contractor shall bc as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the conwact tenn. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the conlract t~m, the City shall have the right to consider the contract breached and jnstifijfiag the termination thereof. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against wl~rn claim is made or suit is filed. BID NO: No. 20-01/02 CI'IY OF MIAMI BEACH DATE: 3/28/02 18 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employers Liability per the Statutory limits of the state of Florida. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. __ 4. Excess Liability - $. .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value __Liquor Liability Five Legal Liability Protection and Indemnity Employee Dishonesty Bond Other $. .00 $. .00 $. .00 $. .00 $. .00 $. .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 of this insurance may be['~trequiredA~.~,within'~,, tl~five (5) '~--~o-4°0'-6~~days afar bid opening, n~~ Bidder Sig BID NO: No. 20-01/02 Clrl¥ OF MIAMI BEACH DATE: 3/28/02 I 9 2.9 2.10 2.11 2.12 2.13 2.14 VENDOR APPLICATION: 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 Bid, go to www. demandstar.com or call toll-free 1- 800-711-1712, and request Document # 320. 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 (http://ci.miami- beach.fi.us. From the City's home page, click on Procurement and follow the ins~ctions. You will be charged an administrative fee of $5.00 by DemandStar to download this document. CONTACT PERSON: For any additional information regarding the specifications and requimnent of this bid, contact: John Ellis, Assistant Procurement Director at iohnellis~ci.miami-beach.fl.us or (305) 673-7490, Facsimiles will be accepted at (305) 673-7851. SAMPLES: N/A BID, PERFORMANCE, AND BUDGET A Bid Bond of $ 3,000.00 will be required. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of One hundred thousand dollars ($100,000.00) LIQUIDATED DAMAGES: (see Section 3 "Expenditure") PERCENTAGE ABOVE VENDOR COST: Bids for parts and supplies shall be submitted on a percentage above vendor cost. Evidence of said costs shall be submitted with invoice, for each repair or service call. Proof of costs shall be printed, properly identified, and dated as to issuance and effectiveness. BID NO: No. 20-01/02 CII'Y OF MIAMI BEACH DATE: 3/28/02 20 2.15 ESTIMATED QUANTITIES: N/A 2.16 HOURLY RATE: The hourly rote quoted shall include full compensation for labor, equipment use, travel time, and any other cost to the bidder. This rote is asstaned to be at straight-time for all labor, except as otherwise noted. Contract will not be paid at over time hourly labor mm(s) unless specific authorization is obtained fxom the Property Management's Contract Administrator. 2.17 WARRANTY: The successful bidder will be required to warranty all work performed. Warranty shall be described in detail on the attached Bid Form. 2.18 PRODUCT/CATALOG INFORMATION: N/A 2.19 REFERENCES (PROVIDE 8 REFERENCES, PLEASE SEE PAGE 61) Each bid must be accompanied by a list of references, which shall include the name of the company, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.20 COMPLETE PROJECT REQUIRED: The scope of these specifications is to insure the delivery of complete units, ready for operation. Omission of any essential detail fxom these specifications does not relieve the supplier from furnishing a complete worldng trait to the satisfaction of the City of Miami Beach. Workmanship of units will be inspected and approved by the City of Miami Beach Property Management Director or designated representative. 2.21 FACILITY LOCATION: N/A 2.22 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder, maintains a permanent place of business; has technical knowledge and practical experience in the type of equipment included in this scope of work; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; and has provided similar Fire Safety System Inspection and maintenance The evidence will consist of listing of work that has been provided to public and private sector clients, i.e nature of WORK and number of systems/clients where your finn has provided Fire Safety System-Inspection And Maintenance within the last five (5) years. BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28/02 21 2.23 LATE BIDS: 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. 2.24 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non- responsive. 2.25 2.26 2.27 2.28 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COPY of the Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. MAINTENANCE AGREEMENT: N/A EQUAL PRODUCT: N/A TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful Bidder, it shall fail ~o thlfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the tight to terminate the services then remaining to be performed by giving written notice to the successful Bidder of such termination which shall become effective upon receipt by the successful Bidder of the written tem'fination notice. In that event, the City shall compensate the successful Bidder in accordance with the Agreement for all services performed by the Bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful Bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Bidder, and the City may reasonably withhold payments to the successful Bidder for the purposes of set offuntil such time as the exact amount of damages due the City from the successful Bidder is detem-dned. 2.29 LIVING WAGE REQUIREMENTS Pursuant to Ordinance No. 2001-3301, City Service Contracts involving the expenditure of over $100,000 per year and which includes park and public place maintenance is subject to the Living Wage Req 'mrements. BID NO: No. 20-01/02 121'1¥ OF MIAMI BEACH DATE: 3/28/02 22 Definitions: "Covered Employee" means anyone employed by the City or any Service Contractor, as further defined in this Division, either full or part time, as an employee with or without benefits or as an independent contractor. "Covered Employer' means the City and any and all Service Contractors, whether contracting directly or indirectly with the City, and subcontractors of a Service Contractor. "Service Contractor' is any individual, business entity, coxporation (whether for profit or not for profit), partnership, limited liability company, joint venture, or similar business who is conducting business in Miami Beach, or Miami Dade County, and meets the following criteria: The Service Contractor is: (a) paid in whole or paxt from one or more of the City's general fund, capital project finds, special revenue funds, or any other funds either directly or indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of solicitation, negotiation, or agreement, or any other decision to enter into a contract; OR (b) engaged in the business of, or part of, a contract to provide, a subcontract to provide, or similarly situated to provide, services, either directly or indirectly for the benefit of the City. However, this does not apply to contracts related primarily to the sale of products or goods. Living Wage Paid: All Service Contractors, as defined herein, entering into a contract with the City of Miami Beach shall pay to all its employees who provide services covered by this Division, a living wage ofno less than $8.56 an hour with health benefits, or a living wage of not less than $9.81 an hour without health benefits, as described in this Section. Health Benefits: For a Covered Employer or the City to comply withthe living wage provision by choosing to pay the lower wage scale available when a Covered Employer also provides health benefits, such health benefits shall consist of payment of at least $1.25 per hour towards the provision of health care benefits for Covered Employees and their dependents. If the health benefits plan of the Covered Employer or the City requires an initial period of employment for a new employee to be eligible for health benefits (eligibility period) such Covered Employer or City may qualify to pay the $8.56 per hour wage scale during the new employee's initial eligibility period provided the new employee will be paid health benefits upon completion of the eligibility period. Proof of the provision of health benefits must be submitted to the awarding authority to qualify for the wage rate for employees with health benefits. BID NO: No. 20-01/02 Cl'lY OF MIAMI BEACH DATE: 3/28/02 23 Certification Required Before Payment: Any and all contracts for Covered Services shall be void, and no funds may be released, unless prior to entering any agreement with the City for a Covered Services contract, the employer certifies to the City that it will pay each of its s employees no less than the living wage described in herein. A copy of this certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) the name, Address, and phone number of the employer, a local contact person, and the specific project for which the Covered Services contract is sought; (2) the amount of the Covered Services contract and the City Depa~hnent the contract will serve; (3) a brief description of the project or service provided; (4) a statement of the wage levels for all employees; and (5) a commilment to pay all employees a living wage, as defined by herein. (c)Observation of Other Laws. Every Covered Employee shall be paid not less than biweekly, and without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The CoveredEmployer shall pay Covered Employees wage rotes in accordance with federal and all other applicable laws such as oven/me and similar wage laws. (d) Posting. A copy of the living wage rote shall be kept posted by the Covered Employer at the site of the work in a prominent place where it can easily be seen and read by the Covered Employees and shall be supplied to the employee within a reasonable time at~r a request to do so. Posting requirements will not be required where the Covered Employer prints the following statements on the front of the Covered Employee's first paycheck and every six months thereafter: "You are required by City of Miami Beach law to be paid at least $8.56 dollars an hour. If you are not paid this hourly rate, contact your employer, an attorney, or the City of Miami Beach." All notices will be printed in English, Spanish, and Creole. (e) Collective Bargaining. Nothing in this Division shall be read to require or authorize any Covered Employer to reduce wages set by a collective bargaining agreement or are required under any prevailing wage law. Maintenance of Payroll Records. Each Covered Eaiployer shall maintain payrolls for all Covered Employees and basic records relating thereto and shall preserve them for a period of three (3) years or the term of the Covered Services contract, whichever is greater. The records shall contain: (1) The name and address of each Covered Employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; BID NO: No. 20-01/02 cfi'/OF MIAMI BEACH DATE: 3/28/02 24 (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment (7) A record of fi'inge benefit payments including con~ibutions to Approved plans; and (8) Any other data or information this Division should require fxom time to time. Reporting Payroll: Eveay six (6) months, the Covered Employer shall file with the Procurement Director a complete payroll showing the Covered Employer's payroll records for each Covered Employee working on the contract(s) for Covered Services for one payroll period. Upon request from the City, the Covered Employer shall produce for inspection and copying its payroll records for any or all of its Covered Employees for any period covered by the Covered Service contract. The City may exaamine payroll records as needed to ensure compliance. COMPLIANCE AND ENFORCEMENT. Service Contractor to Cooperate. The Service Contractor shall permit City employees, agents, or representatives to observe work being performed at, in or on the project or matter for which the Service Contractor has a contract. The City representatives may examine the books and records of the Service Contractor relating to the employment and payroll to determine if the Service Contractor is in compliance with the provisions of this Division. Complaint Procedures and Sanctions. (1) An employee who believes that this Division applies or applied to him or her and that the Service Contractor, or the City, is or was not complying with the requirements of this Division has a right to file a complaint with the Procurement Director of the City. Complaints by employees of alleged violations may be made at anytime and shall be investigated within thirty (30) days by the City. Written and omi statements by an employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent allowed by the Florida Statutes. (2) Any individual or entity may also file a complaint with the Procurement Director of the City on behalf of an employee for investigation by the City. (3) It shall be the responsibility of the City to investigate all allegations of violations of this Division within thirty (30) days. If, at any time, the City, upon investigation detemdnes that a violation of this DMsion has occurred, it shall, within ten (10) working days of a finding of non-compliance, issue a notice of corrective action to the employer specifying all areas of non-compliance and deadlines for resolutions of the identified violations. If a Service Contractor fails to comply with any notice issued, the City Manager or the City Manager's designee may issue an order in writing to the Service Contractor, by certified mail or hand delivery, notifying the Service Contractor to appear at an administrative heating before the City Manager or the City Manager's designee to be held at a time to be fixed in such order, which date shall be not less than BID NO: No. 20-01/02 CITY OF MIA_MI BEACH DATE: 3/28/02 25 (4) five (5) days after service thereof. (5) The proceedings shall be informal, but shall afford the Service Contractor the right to testify ha the Service Contractor's own defense, present witnesses, be represented by counsel, submit relevant evidence, cross examine wimesses and object to evidence. (6) The proceedings shall be recorded and minutes kept by the City. Any Service Contractor requiring verbatim minutes for judicial review may arrange for the services ora court reporter at the expense of the Service Contractor. (7) Within ten (10) days of the close of the heating, the City Manager or the City Manager's designee shall render a decision in writing determining whether or not the Service Contractor is in compliance, or whether other action should be taken, or whether the matter should be continued, as the case may be, and stating the reasons and findings of face (8) The City Manager or the City Manager's designee shall file findings with the City Clerk, and shall send a true and correct copy of his order by certified mail, return receipt requested, or by hand delivery, to the business address as the Service Contractor shall designate in writing. (9) The City Manager's or designee's findings shall constitute the final admires' lrative action of the City for purposes of judicial review under state law. (10)If a Service Contractor fails to seek timely appellate review of an order of the City Manager or the City Manager's designee, or to comply timely with such order, the City may pursue the enforcement of sanctions set forth in Section 2-410 (c). Private Right of Action Against Service Contractor: Any Covered Employee of or former Covered Employee of a Service Contractor may, instead of utilizing the City adminimative procedure set forth in this Division, but not in addition to such procedure, bring an action by filing suit against the Covered Employer in any court of competent jurisdiction to enforce the lxovisions of this Division and may be awarded back pay, benefits, attomey's fees, and costs. The applicable statute of limitations for such a claim will be two (2) years as provided in Florida Statutes Section 95.11 (4)(c) for an action for payment of wages. The court may also impose sanctions on the Service Contractor, including those persons or entities aiding or abetting the Service Contractor, to include wage restitution to the affected Covered Employee and damages payable to the Covered Employee in the sum of up to $500 for each week each Service Contractor is found to have violated this Division. BID NO: No. 20-01102 CITY OF MIAMI BEACH DATE: 3/28102 26 Sanctions Against Service Contractors: For violations of this Division, the City shall sanction a Service Con~ractor by requiring the Service Contractor to pay wage restitution at the employer's expense for each affected employee and may access the following: (1) The City may impose damages in the stun of $500 for each week for each employee found to have not been paid in accordance with this Division; and/or (2) The City may suspend or terminate payment under the Covered Services contract or terminate the contract with the Service Contractor; and/or (3) The City may declare the employer ineligible for future service contracts for three (3) yeaxs or until all penalties and restitution have been paid in full, whichever is longer. In addition, all employers shall be ineligible under this section where principal officers of the employer were principal officers of an employer who violated this Division. Public Record of Sanctions. All such sanctions recommended or imposed shall be a matter of public record. Sanctions for Aiding and Abetting. The sanctions in Section 2-410 (c) shall also apply to any party or parties aiding and abetting in any violation of this Divisior~ Retaliation and Discrimination Barred. A Covered Employer shall not discharge, reduce the compensation, or otherwise discriminate against any Covered Employee for making a complaint to the City, or otherwise assenSng his or her fights under this Division, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this Division~ Allegations of retaliation or discrimination, if found tree in a proceeding under paragraph (b) or by a court of competent jurisdiction under paragraph (c), shall result in an order of restitution and reinstatement of a discharged Covered Employee with back pay to the date of the violation or such other relief as deemed appropriate. Enforcement Powers. If necessary for the enforcement ofthis Division, the City Co~cmfission may issue subpoenas, compel the attendance and testimony of witnesses and production of books, papers, records, and documents relating to payroll records necessary for hearing, investigations, and proceedings. In case of disobedience of the subpoena, the City Attorney may apply to a court of competent jurisdiction for an order requiring the attendance and testimony of witnesses and production of books, papers, records, and documents. Said court, in the case of the refusal to obey such subpoena, after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses of the production of such books, papers, records, and documents, as the case may be, is relevant or necessary for such hearings, investigations, or proceedings, may issue an order requiring the attendance or testimony of such witnesses or the production of such documents and any violation of the court's order may be punishable by the court as contempt thereof. BID NO: No. 20-01102 CI'I'Y OF MIAMI BEACH DATE: 3/28/02 27 Remedies Herein Non-Exclusive. No ~.medy set forth in this Division is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this Division in a court of law. This Division shall not be consWaed to limit an employee's right to bring a common law cause of action for wrongful temfination. 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 shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request.. 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 ifa 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: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28/02 28 AGREEMENT THIS AGREEMENT made this 11th day of Decemder 2002, A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called thc City, which term shall include its successors and assigns, party of the one part, and Miami Fire Equipment Inc. 150 South West 27th Avenue~ Miami~ Florida 33135 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 "CITY WIDE FIRE SYSTEM INSPECTION AND MAINTENANCE CONTRACT" by said City, do hereby mutual agree as follows: 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. 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. 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 provide and complete the Work in accordance with the schedule specified in the Bid documents. 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 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 requiting any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amounts identified on page 2 of this Agreement entitled "EXPENDITURE". Agreement Page 1 of 4 EXPENDITURES: The Service Provider understands that any expenditures that it makes, or prepares to make, in order to perform the Services required by City of Miami Beach, is a business risk which the Service Provider must assume. City of Miami Beach will not be responsible for any amortized or unauthorized expenditures, or to maintain the approved status of any Service Provider that has been unable to recoup its expenditures during the time it is rendering such Services, it shall not have any claim upon City of Miami Beach. Fines may be imposed on the contractor for violations by its personnel by deducting the amount of the £me l?om a subsequent invoice for that location. Notice of a violation, and the intent to impose a fine shall be given to the contractor by sending a copy of the site representative's report promptly after the site representative submits it. This allows the contractor time to bring any extenuating cimumstances to the site and contract administrator's attention. All fines are assessed by the City of Miami Beach Contract Administrator, whose decisions are final. Violations that may result in a fine include but are not limited to those listed below. Fines imposed shall be $100.00 per infi'action, unless otherwise noted. The following schedule damages (fines) shall be imposed for the following violations: 1. Fire Extinguisher or Halon System beyond date due for inspection: $25.00each unit 2. Fire Pump certification expired (not tested by expiration date) $100.00 3. Fire Alarm certification expired (not tested by expiration date) $100.00 4. Fire Sprinkler certification expired (not tested by expiration date) $100.00 5. Not notifying the Property Mgmt. Contract Administrator or Fire Department of system impairment of a life safety system. $150.00 6. Failure to maintain proper maintenance log of Life Safety Equipment $ 75.00 7. Failure to supply monthly/annual status report to the Contract Administrator $150.00 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 govern as determined by the City. 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. Agreement Page 2 of 4 The Contractor shall file with the Procurement Director of said City of Miami Beach a Perfo,mance and Labor and Material Payment Bond, each in the mount 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. 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. 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. 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: $80~000.00 Agreement Page 3 of 4 10 The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the Contractor has caused this Agreement to be signed it its name. ATTEST: City Clerk s'd IAMI BEACH THIS CONTRACTOR MUST EXECUTE CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] CONTRACTOR ATTEST: " (Secretary) (Corporate Seal) By: Miami Fire Equipment (Name of Corporation) (S~ii~ature~ Valerie Ann Deville /President (Prim Name and Title) 13th day of March ., 20 03 [If not incorporated sign below.] WITNESSES: CONTRACTOR By: APPROVED A9 TO FORM & LANGUAGE & FOR EXECUTION Page 4 of 4 (Name of Firm) (Signature) (Prim Name and Title) __ day of ., 20 PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA ) SS COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we, as Principal, hereinafter called Contractor, and as Smety, are fin-dy bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of Dollars ($ 3, for the payment of which sum well and tmly 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. 20-01/02, Entitled CITY WIDE FIRE SAFETY SYSTEM-INSPECTION AND MAINTENANCE CONTRACT FOR THE CITY OF MIAMI BEACH, 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; othenvise 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: Complete the Contract in accordance with its terms and conditions, or at the City's sole option. 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 dethult 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 Smety 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: No. 20-01/02 ~[1¥ OF MIAMI BEACH DATE: 3/28/02 29 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 indemnifi~ the City and hold it harmless 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 ao:oant 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 atter 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 fi.om 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 bylaw. BID NO: No. 20=01/02 CH¥ OF MIAMI BEACH DATE: 3/28/02 30 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) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (Prcsi&nO Attest: (Secretary) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (CORPORATE SEAL) (Copy of Agent's current License as issued by State of Florida Insurance Commissioner By: Attorney-in-fact (Power of Attorney must be attached) BID NO: No. 20-01/02 Cl'l~g OF MIAMI BEACH DATE: 3/28~02 31 CERTIFICATES AS TO CORPORATE PRINCIPAL Principal in the foregoing bond; that Principal, was then , certify that I am the Secretary of the Corporation named as who signed the said bond on behalf ofthe 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. Corporate Secretary Seal STATE OF FLORIDA) $$ COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being byme 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 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: No. 20-01102 C11¥ OF MIAMI BEACH DATE: 3/28/02 32 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) 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), Fla. Stat., 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 orthe changes does not affect Surety's obligation under Ibis bond. The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated Bond by reference. between the City and Principal is made a part of this Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation provisions, which must be strictly complied wi~ BID NO: No. 20-01/02 CHY OF MIAMI BEACH DATE: 3/28/02 33 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) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL Of Corporation) (Corporate Name) BY (President) Attest: (Secretary) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (CORPORATE SEAL) (Copy of Agent's current License as issued by State of Florida Insurance Commissioner BID NO: No. 20-01/02 DATE: 3/28/02 By: Attorney-in-fact (Power of Attorney must be attached) CITY OF MIANfl BEACH 34 CERTIFICATES AS TO CORPORATE PRINCIPAL Principal in the foregoing bond; that Principal, was then , certify that I am the Secretary of the Corporation named as who signed the said bond on behalf of the 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. Corporate Secretary Seal STATE OF FLORIDA ) SS COUNTY OF ) he is the Attorney in Fact, for the 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 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 (Attach Power of Attorney) day of ,20 A.D. Notary Public State of Florida-at-Large My commission Expires: BID NO: No. 20-01102 ~21'lY OF MIAMI BEACH DATE: 3~28~02 35 CITY WIDE FIRE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT BID PROPOSAL FORM BID NO.20-01/02 3.0 MINIMUM SPECIFICATIONS GENERAL The City of Miami Beach is seeking qualified bidders to provide City-wide maintenance, repair, and servicing of Life Safety Fire Alarm and Fire Control Systems. This contract may be divided into the following three (3) areas of fire safety systems: Dry Chemical Fire Extinguishers and Systems (including Halon) Fire Pumps and Sprinkler Systems Fire Alarms Each prospective service provider may bid on each individual item or all three items provided they meet the qualifications of the respective areas. QUALIFICATIONS: All bidding contractors must be capable of meeting all standards and criteria as established by the National Fire Prevention Association (NFPA), State of Florida Uniform Fire Safety Rules and Standards (UFSR&S), South Florida Building Code (SFBC), latest edition and hold all licenses required by Dade County and the Florida State Deparunent of Professional Regulation. All bidders must be capable of servicing and maintaining all categories of items bid upon and have a minimum of five (5) years verifiable and acceptable experience in commercial applications of all types of file safety equipment in the respective categories being bid upon. TESTING EQUIPMENT, MATERIALS, MAINTENANCE LOGS, TOOLS, & LABOR: The successful bidder(s) shall be responsible for providing all required and necessary test and diagnostic equipment, minor materials, maintenance logs and reports, tools, and labor necessary to perform the scopes of work outlined in these bid documents. INSPECTION, MAINTENANCE, REPAIR & REPLACEMENT OF EQUIPMI~qT: All bidding contractors shall provide all required inspection, maintenance, and repair of all fire prevention systems in the categories bid upon and that all equipment installed on City property is maintained in accordance with recommended maintenance procedures established by the specific manufacturer of the equipment. Additionally, the successful fire extinguisher contractor shall be responsible for providing that the proper number of fire exfinguishem is as specified by NFPA, UFSR&S, and SFBC in all City facih'ties specified in the .Contract Covered Sites- portion of this bid document. BID NO: No. 20-01/02 C[I'Y OF MIAMI BEACH DATE: 3/28/02 36 The successful bidde~(s) of all categories of fire safety systems listed above shall be responsible for notit~/ing the City of Miami Beach Property Management Dep~unent Contract Administrator of obsolete, non- repairable, vandali?ed, or missing equipment requiring immediate or anticipated replacement within 24 hours of discovery. All repair or replacement work exceeding $100 shall be authorized by the C.M.B. Property Management Director or Contract Administrator prior to repair/replacement LIQUIDATED DAMAGES: EXPENDITURES: The Service Provider understands that any expenditures that it makes, or prepares to make, in order to perform the Services required by City of Miami Beach, is a business risk which the Service Provider must assume. City of Miami Beach will not be responsible for any amortized or unauthorized expenditures, or to maintain the approved status of any Service Provider that has been unable to recoup its expenditures during the time it is rendering such Services, it shall not have any claim upon City of Miami Beach. Fines may be imposed on the contractor for violations by its personnel by deducting the amount of the fine from a subsequent invoice for that location. Notice of a violation, and the intent to impose a fine shall be given to the contractor by sending a copy of the site representative's report promptly after the site representative submits it. This allows the conuactor time to bring any extenuating circumstances to the site and contract administrator's attention. All fines are assessed by the City of Miami Beach Contract Administrator, whose decisions are final. Violations that may result in a fine include but are not limited to those listed below. Fines imposed shall be $100.00 per infraction, unless otherwise noted. The following schedule damages (fines) shall be imposed for the following violations: !. Fire Extinguisher or Halon System beyond date due for inspection: 2. Fire Pump certification expired (not tested by expiration date) 3. Fire Alarm certification expired (not tested by expiration date) 4. Fire Sprinkler certification expired (not tested by expiration date) 5. Not notifying the Propet~y Mgmt. Contract Administrator or Fire Department of system impairment of a life safety system. 6. Failure to maintain proper maintenance log of Life Safety Equipment 7. Failure to supply monthly/annual status report to the Contract Administrator $ 25.00eachunit $100.00 $100.00 $100.00 $150.00 $ 75.00 $150.00 BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28/02 37 RECORD KEEPING REQUIREMENTS: The successful biddeffs) must provide and maintain impection logs of all equipment maintained at each site and provide a detailed monthly report summary of inspections and maintenance to the City of Miami Beach Property Management Depmhnent Contract Administrator. The detailed report summary shall include the following information: 2. 3. 4. 5. Facility Equipinent Date Serviced, tested, or Inspected Date Due for Service, Testing or Inspection Remarks (e.g. repairs or parts replaced) EQUIPMENT IDENTIFICATION REQUIREMENTS: The successful bidder of the dry chemical fire extinguisher contract shall be responsible forpennanenfl¥ (e.g engraving) marking all fire extinguishers installed on City of Miami Beach properties. The identifying marking shall have -CMB· that will identify the extinguisher as being the property of the City of Miami Beach along with numeric characters that can track where the fire extinguisher is installed on specific City facilities. A report showing a complete listing of all extinguishers, together with where they are installed, is required to be supplied to the City of Miami Beach Property Management Contract Administrator on an annual basis. The first report shall be completed within six (6) months of the award of the contract to the successful bidder. EXAMINATION OF PROPERTIES & WORK LOCATIONS: Each bidding contractor is required, prior to submitting a bid, to inspect the site locations, examine the existing equipment, and acquaint himself with the needs and requirements of the service for each location. Additionally, each bidder is also required to carefully examine the specifications and to acquaint himself with any and all conditions that may, in any manner, affect the service to be provided under this contract. No additional allowances will be made because of lack of knowledge of conditions encountered after award of the contract. BID PROPOSALS: All bidding contractors shall provide a bid to cover inspections, testing, maintenance and repair of all equipment listed in the categories bid upon. This bid will constitute all existing equipment presently installed in the listed City Properties portion of this contract. Additionally, the conWactor will be required to bring each facility listed into compliance with the minimum standards required by N.F.P.A., Florida State Uniform Fire Safety Rules and Standards and Dade County fire codes and standards. This part of work will be bid on a time (hourly labor rote) and materials (cost + __%) see Section 2.14 and 2.16 BID NO: No. 20-01/02 CI'IY OF MIAMI BEACH DATE: 3/28/02 38 DRY CHEMICAL FIRE EXTINGUISHER REPLACEMENT: All bidding contractors bidding on the dry chemical fire extinguisher portion of this contract shall supply line item unit pricing, as indicated on Bid form(s): (There are approximately 1600 extinguisher located in the City wide). DRY CHEMICAL FIRE EXTINGUISHER INSPECTION SERVICES: All bidding contractors will supply a line item annual inspection service charge (unit price) for a total of approximately 1600 units. DRY CItXMICAL FIRE EXTINGUISHERS SCOPE OF WORK: An inspections, testing, maintenance and repair of Dry Chemical Fire Extinguishers will be in accordance with N.F.P.A. 10 (Standards for Portable Fire Extinguishers). Additionally, all contractors shall comply with the following: Inspection of all sites listed in this contract must be responsible for providing the proper number, type, and size of dry chemical fire extinguishers in all locations as required by the Uniform Fire Safety Rules and Standards, Chapter 4A-21. All fire extinguishers installed shall display a gauge indicating the status of the charging of the unit, a tag indicating the type of extinguisher and date of last certification. Additionally, the extinguisher shall be permanently marked with the letters "CMB' and a numeric control number. DRY CHEMICAL FIRE EXTINGUISHER SITE LOCATIONS: (Note: All sites are located within the boundaries of the City of Miami Beach) The majority of the Fire Extinguishers are located at the below listed locations, however this list is not all inclusive. Additional locations will be designated by the City of Miami Beach Property Management Dept. SITE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Police Depmunent Building Tatum Park Building Muss Park Building North Shore Community Center Bayshore Golf Course (Omitted) 42nd Street Parking Garage Miami Beach City Hall Annex Miami Beach City Hall (Omitted) Miami Beach Garden Center Crespi Park Building Fairway Park Building Stillwater Park Building Public Works Maintenance Facility Colony Theater Fleet Management Maintenance Facility Parks Department Maintenance Facility ADDRESS 1837 Bay Road 8050 Byron Avenue 4400 Chase Avenue 7251 Collins Avenue 2301 Alton Road 4200 Sheridan Avenue 777 17th Street 1700 Convention Center Drive 2000 Convention Center Drive 7800 Crespi Drive 200 Fairway Drive 8440 Hawthorne Avenue 451 Dade Boulevard 1040 Lincoln Road 140 MacArthur Causeway 2100 Meridian Avenue BID NO. 20-01/02 CITY OF MIAMI BEACH DATE:05/06/02 (AMENDED) 39 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41 42. 43. 44. 45. 46. 47. 48. 49. 50. Flamingo Park Swimming Pool (Under Const.) Property Mgt. Maintenance Yard (incl. Tracks) Flamingo Park Prop. Mgmt. A/C & Paint Shop Flamingo Park Baseball Stadium Building 10th Street Auditorium/Beach Patrol Headquarters Bass Museum Scott Rakow Youth Center South Pointe Park Buildings (Two Buildings) 12th Street Parking Garage Miami Beach Police Department Miami Beach Historic City Hall Building (Omitted) 21st Street Community Center Police Athletic League (PAL) Building Flamingo Park Tennis Center & Stadium Lummus Park Concession Buildings Miami Beach Visitors & Convention Building Polo Park Building Normandy Isle Pool Building Log Cabin Nursery Buildings Par Three Golf Course 7th Street Parking Garage 13th Street Parking Garage 16th Street Parking Garage 17th Street Parking Garage Miami Beach Marine Patrol Blds. (incl. 2 Boats) Miami Beach Fire Station No. l Miami Beach Fire Station No. 2 Miami Beach Fke Station No. 3 Miami Beach Fire Station No. 4 (Under const.) Miami Beach Police North Shore Substation (Omitted) 1200 Michigan Avenue 1245 Michigan Avenue 1315 Michigan Avenue 1435 Michigan Avenue 1001 Ocean Drive 2121 Park Avenue 2700 Sheridan Avenue 1 Washington Avenue Drexel Avenue & 12th Street 1100 Washington Avenue 1130 Washington Avenue 2100 Washington Avenue 999 1 lth Street 1000 12th Street 10th St & 14th St. / Ocean Drive 555 17th Street (PAN Bldg.) 805 42nd Street 1765 71st Street 8128 Collins Avenue 2795 Prairie Avenue 7th Street & Collins Avenue 13th Street & Collins Avenue 16th Street & Collins Avenue 17th Street & Convention Center Dr. 18th Street & Purdy Avenue 1051 Jefferson Avenue 2300 Pinetree Drive 5303 Collins Avenue 6880 Indian Creek Drive 6840 Indian Creek Drive HALON FIRE CONTROL SYSTEMS: All inspections, testing, and maintenance will be in accordance with N.F.P.A. 12A (Standard on Halon 1301 Fire Extinguishing Systems) and 12B (Standard on Halon 1211 Fire Extinguishing Systems), and the Uniform Fire Safety Rules and Standards. The successful bidding contractor shall be responsible for providing the following: 1. SEMI-ANNUAL inspections for the control panel, cylinder gauges, battery charging, manual releases, electrical wiring, enclosure integrity, and protected hazard increases as noted in IM i 3.0.4 and provide maintenance as needed to all locations. 2. A site log at each location detailing all inspection and maintenance activities. Log is to be located at the Halon tank area of each service location. BID NO. 20-01102 CITY OF MIAMI BEACH DATE:0S/06/02 (AMENDED) 40 A detailed monthly report summary of inspections and maintenance to the City of Miami Beach Property Management Department Contract Administrator. The detailed report summary shall include the following information: 2. 3. 4. 5, Facility Equipment Date Serviced, tested, or Inspected Date Due for Service, Testing or Inspection Remarks (e.g. repairs or parts replaced) HALON FIRE CONTROL SYSTEM SITE LOCATIONS: (Note: All sites are located within the boundaries of the City of Miami Beach) SITE ADDRESS 1. Police Department Building 1100 Washington Avenue a. Computer Room on 4th Floor b. PSCU (911 Room.) 4th Floor Miami Beach Historic City Hall a. Radio Room (on roof) Miami Beach City Hall a. Computer Room (2nd Floor) b. Radio Room (on roof) 1130 Washington Avenue 1700 Convention Center Drive 4. Public Works Water & Sewer Maintenance Yard 451 Dacle Boulevard a. Control Room FIRE PUMP START-UP & TESTING: All bidding contractors shall supply a line item unit price for weekly fire pump testing for the following sites: SITE ADDRESS 2. 3. 4. 5. 6. 7. 8. 9. 42nd Street Municipal Parking Garage 4160 Sheridan Avenue Miami Beach Convention Center (North) 1901 Convention Center Drive Miami Beach Convention Center (South) 1901 Convention Center Drive Miami Beach Police Department 16th Street Municipal Parking Garage Theater of the Performing Arts (TOPA) 7th Street Municipal Parking Garage Miami Beach City Hall Bass Museum 1100 Washington Avenue 100 16th Street 1700 Washington Avenue 100 7th Street 1700 Convention Center Dr. 2121 Park Avenue BID NO. 20-01/02 CITY OF MIAMI BEACH DATE:0$/06/02 (AMENDED) 41 FIRE SPRINKLER SYSTEMS: All maintenance, testing and inspection procedures will be in accordance with N.F.P.A. 25-1992 (Standard for the Inspection, Testing and Maintenance of Water Based Fire Protection Systems), and the Uniform Fire Safety rules and Standards. FIRE SPRINKLER SYSTEM SITE LOCATIONS: (Note: All sites are located within the boundaries of the City of Miami Beach) 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. SITE Public Works Maintenance Facility Fleet Management Maintenance Facility Miami Beach City Hall Miami Beach Police Depaxhnent Miami Beach Historic City Hall Theater of the Performing Arts (TOPA) Colony Theater 21st ST. Community Center 7th ST. Parking Garage 42nd ST. Parking Garage Bass Museum ADDRESS 451 Dade Boulevard 140 MacArthur Causeway 1700 Convention Center Drive 1100 Washington Avenue 1130 Washington Avenue 1700 Washington Avenue 1040 Lincoln Road 2100 Washington Avenue 7th ST. & Collins Avenue 42nd ST. & Sheridan Avenue 2121 Park Avenue FIRE ALARM SYSTEMS: All maintenance, testing, and inspections shall be done in accordance with N.F.P.A. 72-1993 (National Fire Alarm Code), and the Uniform Fire Safety Rules and Standards. The successful bidding contractor shall be responsible for performing the following: 1. An annual inspection of all devices, valves, sensors, panels and other system components and verify the Fire Department is receiving the alarm signal. 2. An annual test of the sprinkler system water flow (actuated by actual water flow from the sprinkler system's inspector test connection). Additionally, the successful bidding contractor shall be responsible for providing: 1. A comprehensive annual inspection of all control panels, pull stations, detectors and visual and audible (strobes, horns, bells etc.) signaling devices. Maintain a complete inspection and maintenance log of all alarm systems installed in City facilities. The log is to kept at each building alarm panel location for the purposes of inspection and compliance by the City's fire inspector and/or Property Management Contract Administrator. BID NO. 20-01/02 CITY OF MIAMI BEACH DATE:05/06/02 (AMENDED) 42 3. A quarterly report to the Property Management Depmhnent's Contract Administrator inspections and maintenance performed. FIRE ALARM SYSTEM SITE LOCATIONS: (Note: All sites are located within the boundaries of the City of Miami Beach) SITE 1. Miami Beach Fire Station No. 1 2. Miami Beach Fire Station No. 2 3. Miami Beach Fire Station No. 3 4. Public Works Maintenance Facility 5. Bass Museum 6. Miami Beach City Hall Building 7. Miami Beach Police Depmhnent 8. Miami Beach Historic City Hall 9. Theater of the Performing Arts (TOP) 10. Colony Theater 11. South Shore Community Center 12. 21st ST. Community Center 13. Scott Rakow Youth Center 14. Flamingo Park Tennis Center 15. Fleet Management Maintenance Facility 16. 7th ST. Parking Garage 17. 12th ST. Parking Garage 18. 13th ST. Parking Garage 19. 17th ST. Parking Garage 20. 42nd ST. Parking Garage ADDRESS 1051 Jefferson Avenue 2300 Pinetree Drive 5303 Collins Avenue 451 Dade Boulevard 2100 Park Avenue 1700 Convention Center Drive 1100 Washington Avenue 1130 Washington Avenue 1700 Washington Avenue 1040 Lincoln Road 833 6th ST. 2100 Washington Avenue 2700 Sheridan Avenue 1145 Meridian Avenue 140 MacArthur Causeway 7th ST. & Collins Avenue 12th ST. & Drexel Avenue 13th ST. & Collins Aveneue 17th ST. & Convention Center Drive 42nd ST. & Sheridan Avenue SYSTEM IMPAIRMENTS: In the event of any Life Safety System impailment, whether due to malfunction, testing, maintenance, or repair, the conWactor must immediately notify the following City of Miami Beach Depashnents: 1. Police Depatisnent 911 Non-Emergency Operator 305-673-7900 2. Fire Depmhnent Operations Office 305-673-7120 3. Property Management (Brace Lamberto) 305-673-7630 4. Risk Management (Pon Caplan) 305-673-7014 The contractor must restore the impaired system to full function as soon as possible to minimize the time the City facility is unprotected by the system impairment. Upon completion of any repai~ or maintenance that created the impairment to the system, the contractor must submit written confirmation/certification that the system has been restored to full function. This written confirmation/certification must be sent to the City of Miami Beach Risk Manager at 305-673-7023 the same day the repairs are completed. BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28/02 43 INTERVENING REPAIR CALLS: Service under this contract shall include necessary repair calls made outside the normal inspection period at no additional cost to the City. Such service shall be furnished during the con~xactors normal business hours within eight (8) working hours after receipt of repair request received by the con~ractor. Only repair requests originating from the City of Miami Beach Property Management Depaxtment personnel shall be responded to by the contractor. The contractor shall inform other City depariments requesting maintenance or repair to forward their request directly to the City's Property Management Depmhnent for disposition. REPLACEMENT PARTS & EQUIPMENT: The successful bidding contractor will be required to provide all necessary and required minor parts, which cost ten (10) dollars or less as part of the service contract. All parts costing in excess often dollars shall be billed at the manufacturers suggested list price and will be identified on the contractors invoice for periodic service. All maintenance work shall have a 60 calendar day warranty. All replacement parts which cost in excess of$100.00 shall be submitted in writing, prior to purchase or installation, for approval by the City of Miami Beach Property Management Contract Administrator. The request shall show part number description, model nmber (if applicable), manufacturer or distributor, and cost to the City. Manufacturer and distributor price lists shall be supplied to the Cty of Miami Beach Pmpen'y Management Depaxtment upon request. INABILITY TO PERFORM REQUIRED TESTING: The successful contractor shall inform the City of Miami Beach Property Management Contract Administrator anytime required tests cannot be performed when required due to circumstances beyond the con~'ol of the contractor. No fees shall be charged to the City of Miami Beach for tests not performed. The successful contractor shall obtain an alternate date from the Property Management Contract Administrator when the required test cannot be performed due to the circumstances stated above. After three unsuccessful attempts to perform the test, the contractor may seek reimbursement for qravel time.m perform the required tests. The travel time fee shall be determined by the City of Miami Beach Propen'y Management Contract Administrator. However this fee will not exceed $100.00. BID NO: No. 20-01102 CIIY OF MIAMI BEACH DATE: 3/28/02 44 CITY WIDE FIRE SAFETY SYSTEM-INSPECTION AND MAINTENANCE CONTRACT BID NO.20-01/02 BID PROPOSAL Page I of 9 We the Contractor shall provide all equipment (test and diagnostic), tools, labor, and materials necessary to perform the City Wide Fire Safety System lnspectlon And Maintenance as described in the bid specifications/scopes of work, at the following rates: GROUP 1 - DRY CHEMICAL FIRE EXTINGUISHERS: (FOR APPROXIMATELY 1600 FIRE EXTINGUISHER LOCATED CITY-WIDE) Sites: (As indicated on Amended Pages 39 & 40) Inspect & Tal~ Est. Qty (Annual) 5 lb. "ABC" fire extinguisher 1200 ea. 10 lb. "ABC" fire extinguisher 400 ea. Unit Cost Total $ 9.40 $ 9.40 $ 11,280.00 $ 3,760.00 Total Amount $ 15,040.00 RecharRe Est. Qty (As Required) 5 lb. "ABC" fire extinguisher 1200 ea. 10 lb. "ABC" fire extinguisher 400 ea. Unit Cost $ 12.00 $,14.90 Total $.14,400.00 $, 5,960,00 Total Amount $ 20,360.00 BID NO. 20-01102 CITY OF MIAMI BEACH DATE:0$/06/02 (AMENDED) 47 CITY WIDE FIRE SAFETY SYSTEM-INSPECTION AND MAINTENANCE CONTRACT BID NO.20-01/02 BID PROPOSAL Page 2 of 9 GROUP I - DRY CHEMICAL FIRE EXTINGUISHERS: (FOR APPROXIMATELY 1600 FIRE EXTINGUISHER LOCATED CITY-WIDE) Sites: (As indicated on Amended Pages 39 & 40) New Replacement Units Est. Qty (As Required) 5 lb. "ABC" fire extinguisher 1200 ea. 10 lb. "ABC" fire extinguisher 400 ea. (Unit Cost shall include Mounting Brackets & Installation) Unit Cost Total $. 35.45 $42,540.00 $. 49.20 $19~680.00 Total Amount $ 62,220.00 Hydro Test (As Required) 5 lb. "ABC" fire extinguisher 10 lb. "ABC" fire extinguisher GROUP 1 - DRY CHEMICAL FIRE EXTINGUISHERS: Est. Qty (Annual) 200 50 Unit Cost Total $.8.50 $. 1,700.00 $.8.50 $. 425.00 Total Amount $. 2,125.00 GRAND TOTAL: $ 99,745.00 Written Amount NOTE: CONTRACTOR SHALL CHARGE THE CITY THE SAME UNIT PRICES AS INDICATED IN THE ABOVE BID FORM, (GROUP 1) REGARDLESS OF ACTUAL QUANTITIES SERVICED/PROVIDED. BID NO. 20-01/02 CITY OF MIAMI BEACH DATE:0ff~6/02 (AMENDED) 4~ CITY WIDE FIRE SAFETY SYSTEM-INSPECTION AND MAINTENANCE CONTRACT BID NO.20-01/02 3 of 9 GROUP lA - HALON FIRE CONTROL SYSTEMS (As required by N.F.P.A., Florida State Uniform Fire Safety Rules and Standards and local Fire Codes) Site: Semi-Annual Cost Police Department Building a. Computer Room on 4'h Floor b. PSCU (911 Room.) 4~h Floor (1100 Washington Avenue) 650.00 Miami Beach Historic City Hall a. Radio Room (on roof) (1130 Washington Avenue) $ 335.00 Miami Beach City Hall a. Computer Room (2nd Floor) b. Radio Room (on roof) (1700 Convention Center Drive) $ 650. O0 Public Works Water & Sewer Maintenance Yard a. Control Room (451 Dade Boulevard) $ 335.00 TOTAL SEMI-ANNUAL COST TOTAL YEARLY COST: (Show Discount Amount, if any) $1.970.00 $3~940.00 GROUP lA - HALON FIRE CONTROL SYSTEMS (6 UNITS) TOTAL $ 3~940.00 BID NO. 2001/02 DATE:0~d0~02 (AMENDED) (XVRi;-i's:N YEARLY AMOUNT) CITY OF MIAMI aEACH 49 CITY WIDE FIRE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT BID NO.20-01102 4 of 9 GROUP 2 - FIRE PUMPS (As required by N.F.P.A., Florida State Uniform Fire SafeD' Rules aqcl Standards and local Fire Codes. Site O~' Weekly cost Annual Flow Test Cert. 1. Couvention Center (North and South) 2 $ 390.00 $ 910.00 195.00 585.00 2 Theater of Performing Arts (TOPA) I 195.00 585.00 3 Ci~' Hall I $ $ 4 Police Department I S 195.00 $ 585.00 5. 16T" Street Garage I $ 195.00 $ 585.00 195.00 585.00 6. 7* Street Garage 1 $ 7. 42"a Street Garage I $ 195.00 $ 585.00 8. Bass Museum 1 $ 195.00 $ 585.00 a) TOTAL WEEKLY COST FOR FIRE PUMPS: S ! ~ ? 55.00 b) TOTAL ANNUAL COST FOR ALL FIRE PUMPS: $ 91,260.00 (SHOW DISCOUNTED AMOUNT. IF ANY) Total Annual Flow Test & Certification Group 2- Fire Pumps e) $ 5,~005.00 GI~D TOTAL: 96,265.00 (Total for "b" and "c") (WRITTEN YEARLY AMOUNT) (NOTE: THE CITY OF MIAMI BEACH WILL PAY THE CONi'~,J~CTOR ONLY FOR THE ACI'UAL N'U~fBER OF UN'fI.~ INSPECTI~ AND CI~RTIFIED). (NOT~: THE ~.:iJ '¥ OFMIAMI I~CH MAY TERI~TE THE WEEKLY RUN OF THg FIRE PU~ (GROUP 2)pARrr OF '1 ] Il', CONI'I~LA. CT. UI'ON A THIRTY (30) DAYS "t~,J'l 'l'l~N NOTIFICATION) FROM THE CITYS CONTRACT ADW~'NISRAT¢ BID NO. 211)4~l/02 DAT[~ P~lNv'02 ( A Mr,~ID ED) CITY OF MIAMI BEACH 5P 15-n8-82 15;84 TO: gROH: CITY WIDE FIRE SAFETY SYSTEM- INSPECTION AND MAIi%'TENANCE CONTRACT BID NO.20-01/02 S of 9 GROUP 2A - FIRE SPRINKLER SYSTEMS (As required by N.F.P.A., Florida State Uniform Fire Safety Rules and Standards and local Fire Codes) Site: Public Works Maintenance Facility (451 Dade Boulevard) $ 350.00 Fleet Management Maintenance Facility 680.00 (140 MacArthur Causeway) Miami Beach City Hall 820.00 (1700 Convention Center Drive) $ Miami Beach Police Department (1100 Washington Avenue) $ 820.00 Miami Beach Historic City Hall (1130 Washington Avenue) $ 650.00 Theater of the Performing Arts (TOPA) (1700 Washington Avenue) $ 1,125.00 Colony Theater 325.00 (1040 Lincoln Road) $ 21 st ST. Community Center 325 · 00 (2100 Washington Avenue) $ Yearly cost BID NO. 20-01/02 CITY OF MIAMI BEACH DATE:0S/06/02 (AMENDED) SI CITY WIDE HRE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT BID NO.:10-01/0'} 6 of 9 GROUP 2A - FIRE SPRINKLER SYSTEMS (As required by N.F.P.A., Florida State Uniform Fire Safety Rules and Standards and local Fire Codes) Site: Yearly cost 7th ST. Parking Garage (7th ST. & Collins Avenue) 42nd ST. Parking Garage (42nd ST. & Sheridan Avenue) $ 625.00 $. 625.00 Bass Museum (2121 Park Avenue) $ 1,250.00 GROUP 2A - TOTAL YEARLY COST FOR FIRE SPRINKLER SYSi'~:MS $ 7,595.00 Convention Center Sprinkler Inspection North and South - $2,280.00 BID NO. 20-01/02 CITY OF MIAMI BEACH DATE:0~6/02 (AMENDED) CITY '~'IDE FIRE SAFETY SYSTEM- INSPECTION AI~D MAINTENANCE CONTRACT BID NO.20-01/02 7 of 9 GROUP 3 - FIRE ALARM SYSTEMS:.(As required by N.F.P.A., Florida State Uniform Fire Safety Rules and Standards and local Fire Codes. Site.' Yearly Cost Miami Beach Fire Station No. l ( 1051 Jefferson Avenue) $ 375.00 Miami Beach Fire Station No. 2 (2300 Pine tree Drive) $ 225.00 Miami Beach Fire Station No. 3 (5303 Collins Avenue) 225.00 Public Works Maintenance Facility (451 Dade Boulevard) 412.50 Bass Museum (2100 Park Avenue) $ 620.00 Miami Beach City Hall Building (1700 Convention Center Drive) O/T Insp. $ 1~360.00 Miami Beach Police Department (1100 Washington Avenue) Miami Beach Historic City Hall (l 130 Washington Avenue) O/T Insp. $ O/T Insp. $ 1~323.00 1,290.00 Perform Inspection and Test on Saturday Theater of the Performing Arts (TOPA) (I 700 Washington Avenue) 620.00 Colony Theater (1040 Lincoln Road) 487.50 South Shore Community Center (833 6th ST.) 620.00 21 st ST. Community Center (21 O0 Washington Avenue) $ 620.00 Scott Rakow Youth Center (2700 Sheridan Avenue) 487.50 BID NO. 2001/02 DATE:0.~6/02{AM tN DED) CITY OF MIAMI CITY WIDE FIRE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT BID NO.20-01/02 8 of 9 GROUP 3 - FIRE ALARM SYSTEMS: (As required by N.F.P.A., Florida State Uniform Fire Safety Rules and Standards and local Fire Codes. Site: Yearly Cost Flamingo Park Tennis Center (1145 Meridian Avenue) Fleet Management Maintenance Facility (140 MacArthur Causeway) 7th ST. Parking Garage (Tth ST. & Collins Avenue) 12th ST. Parking Garage (12th ST. & Drexel Avenue) 13th ST. Parking Garage . (13th ST. & Collins Avenue) 17th ST. Parking Garage (17th ST. & Convention Center Drive) 42nd ST. Parking .Garage (42nd ST. & Sheridan Avenue) $ 247,50 $ 487,50 $. 570.00 570.00 570.00 $. 570,00 $ 570,00 GROUP 3 - TOTAL YEARLY COST FOR FIRE ALARM SYSTEM: $. 12,250.50 0firRITTEN YEARLY COSTS) $10.50 per device head for senitivity testing (If applicable) Log Cabin Building - 8125 Collins Avenue - $ 225.00 Convention Center South & North - 1901Covention Center Drive - $3,622.00 BID NO. 20-01/0~ CITY OIt DATE~S/0fd2 (AMENDED) CITY WIDE FIRE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT BID NO.20-01/02 9 of 9 SUMMARY: GROUP 1 AND lA (Total Yearly Cost for Dry Chemical Fire Extinguishers and Halon Fire Control Systems): TOT~J.: $ 103,685.00 GROUP 2 AND 2A (Total Yearly Cost for Fire Pumps and for Fire Sprinkler Systems): TOTAL: $. 103,860.00 GROUP 3 (Total Yearly Cost for Fire Alarms): GRAND TOTAL: TOTAL: $. 219,795.50 12,250.50 WRITIT~ AMOUNT Cost to bring all facilities with Dry Chemical Fire Extinguishers, Halon Fire Control Systems, Fire Pumps, Fire Sprinkler Systems, and Fire Alarm Systems up to current Fire Code and Building Code Compliance. This is additional work not identified in the original scope of work/specifications. Contractor must receive written notification from the City's Contract Administrator, authorizing "Work" in accordance with the below listed Terms and Conditions. Hourly Labor Rate (Section 2.16) 82.50 per hr. Percentage above Vendor cost (Section 2.14) 22.5 % BID NO. 20-01/02 CITY OF MIAMI BEACH DATE:05/06/02 (AMENDED) SS CITY WIDE FIRE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT BID NO.20-01/02 15 of 15 Payment Terms: 2°4 10 EOM. If other, specify here: Bidders must sign below to acknowledge receipt of addendum (if necessary). Amendment No. 1: ~'~ Amendment No. 2: ~ Amendment No. 3: ~ SUBMITTED BY: Amendment No.5: Amendment No.6: BIDDER: Miam~ Fire Equipment. Inc. I certify that I am authorized to execute this proposal and commit the bidding firm. NAME/TITLE (PRINT): Valerie Ann Deville/Vice-President 150 S.W. 27th Avenue ADDRESS: CITY/STATE: Miami, Florida ZIP: 33135 TELEPHONE NO.: 305-642-6626 BID NO: No. 20-4} 1/02 CITY OF MIAMI BEACH DATE: 3/28/02 59 CITY WIDE FIRE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT BID NO.20-01/02 BID CHECK LIST To ensure that your bid is submitted in conforrmnce with the Contract Documents, please verify that the followinl~ items have been completed and submitted as required. X Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.31 X Execution of Bid General Conditions Section 1.2 X Equivalents/Equal Product General Condition Section 1.10 Special Conditions Section 2.32 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.34 Special Conditions Section 2.8 Bid/Performance Bond X General Condition Section 1.34 Special Conditions Section 2.12 X Warranty Special Conditions Section 2.17 X Product/Catalog Information Special Conditions Section 2.24 References X Special Conditions Section 2.25 / Page 61 Bidder Qualifications X Special Conditions Section 2.22 X Exceptions to Specifications Special Conditions Section 2.24 Contractor's Questionnaire X (Page 63) BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28102 60 CITY WIDE FHIE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT BID NO.20-01/02 CUSTOMER REFERENCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of eight (8) firms or government organizations for which the Contractor is currently furnishing or has rum/shed, similar services. l) 2) 3) 4) CITY OF CORAL GABLES P.O. BOX 141549, CORAL GABLES, FL Company Name Address Contact Person/Contract Amount DALLAS BROWN Telephone Number 305-460-5120 Company Name Address L&B INSTITUTIONAL PROPERTY MANAGEMENT SUITE #3385 2 SOUTH BISCAYNE BLVD, MIAMI, FL Contact Person/Contract Amount ROLAND0 HURTADO 305-374-5678 Telephone Number Company Name VMS: INC. Address 7850 N.W. 146th STREET,SUITE #430 Pll~l idkK~M · FLUR£DA Contact PersoWCon~act Amount FLOYD CHAPLIN Telephone Number 305-822-3600 Company Name DOT -MIAMI REGIONAL OFFICE 8700 WEST FLAGLER ST. #180, MIAMI Address ConmctPemon/ContractAmount MARIA SMITH Telephone Number BID NO: No. 20-01/02 DATE: 3/28/02 305-229-6200 CITY OF MIAMI BEACH 61 CITY WIDE FIRE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT BID NO.20-01/02 6) 7) 8) DADE COUNTY SCHOOLS Company Name Address 12525 N.W. 28th AVENUE. MIAMI. FI. Contact Person/Contract Amount SCOTT ELLINPORT 305-995-4049 Telephone Number Company Name FLORIDA POWER & LIGHT CO. 401 WEST 20th STREET, HIALEAH, FL Address Contact Person/Contract Amount BENNY 305-552-2131 Telephone Number Company Name Address Telephone Number Company Name Address FLORIDA POWER & LIGHT CO. 14250 S.W. ll2th STREET, MIAMI, FL RICK MANFRED ConmctPemon/ContmctAmount 305-387-6620 FLORIDA POWER & LIGHT CO. TURKEY POINT TURKEY POINT Conm~ Pemon/ContractAmount MALCOLM GEORGE Telephone Number 305-387-6867 BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28102 62 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 ~TAMT YTRP. ~QITTPMP.~T, T~o Principal Office 150 S.W. 27th AVENUE, MIAMI, FLORIDA 33135 How many years has your organization been in business as a General Contractor under your present business name?___fi2_y_aaca 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: Dade County certificate of competency - state type and number:FLA- 7 6 8 412 0 0 0 City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organi?ation had? (A) As a General Contractor 52 years (B) As a Sub-Contractor (C) What contracts has your organization completed? Contract Amt Class of Work When Completed Name/Address of Owner Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? No If so, where and why? Has any officer or partner of your organi?ation ever failed to complete a construction contract handled in his own name? BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28/02 63 CITY WIDE FIRE SAFETY SYSTEM- INSPECTION AND MAINTENANCE CONTRACT BID NO.20-01/02 If so, state name of individual, name of owner, and reason thereof In what other lines of business are you financially Interested or engaged?. FIRE PROTECTION- SALES~ SERVICEr & INSPECTION. Give references as to experience, ability, and financial standing What equipment do you own that is available for the proposed work and where located? MIAMI FIRE EQUIPMENT, INC.- 150 S.W. 27th AVENUE, MIAMI, FL 33135 TESTING EQUIPMENT. What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? FIRST NATIONAL BANK OF SOUTH MIAMI & NORTHERN TRUST. Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. CAIMAN FIRE SERVICES, INC. (SPRINKLER) 1671 WEST 39th PLACE HIALEAH, FLORIDA 33012 TRI-CITY ELECTRIC CO. INC. (FIRE ALARM) 625 N.W. 16th AVENUE, MIAMI, FLORIDA 33125 I HEREBY CERTIFY that the above answers are tree and correct. (SEAL) .(SEAL) BID NO: No. 20-01/02 cllY OF MIAMI BEACH DATE: 3/28/02 64 ----- The Sunshine State D1,40-164-73-134-0 MIAMi FIRE EQUIPMENT 150 S. W. 27TH AVENUE MIAMI, FLORIDA 33135 305 642-6626 FAX 643-6312 May 14, 2002 Re: City of Miami Beach Bid #20-01-02 To Whom It May Concern, We will comply with all of your bid requirements, upon award of contract. page 29 page 32 page 33 page 35 Performance Bond Certificates as to Corporate Principal Labor and Material payment Bond Certificates as to Corporate Principal Best Regards, V e Ann Deville Vice-President U.& PAJD 025988-7 BU~NE88 NAME ! LOCATION OWNER MIAMI FIRE EQUIPMENT INC S~g. Tyl~ of BuMnl~ Z14 RETAIL STORE .. TAX ON~.Y. IT 10/03/Z001 02100124001 O00045~0 SEE OTHER SIDE RENEYAL UC~N~NO. 025988--7 OCT 2 5 2001 EHPLOYEES 5 DO NOT FORWARD MIAMI FIRE EQUIPMENT ZNC 150 SN 27 AVE MIAMI FL 33135 I,,ll,,,Ih,,,ll,,ll,,IJ,,,,ll,l,,II,,,I,l,,il,l,,I,i,,,,,lll ~- - ~ ' .--=,~ .~V~. . .,. l. -- ~ . ~, ~ ,l,,;,/ ..,~ l~.. ,.Z.I~..,.,,-.. ,~,: ~ (~O~ 37~ ~7 . - ~.~.. ~'~'., . · .... ... " ~XT~ HXA~X-DAOE COUNYY XSSUEO ~C~BER Z2, 2000 :' ,. ~ STAT[ CERT'I~IE~ LICeNSe' NO.I 768.X2~ TRAgE MECHAN~CAL~ * ~..;[ST~ATZ~N ~XP[R.:TI~N DATEI 0b/30/Z002 r,~VXNG ~T TH6 V~L~NTARY REGX~TRATXON REQUX~EMEtITS OF MXAq[-OA~ OUN~_~. :S ~EGLSTERE~,AS A C0rJT~AC,TOR~N THE FOLLg~:NG CATEGORY(S)a · 3OJ~ FX~ PROTECT SYS . ~ ~ "-" · ~:Tr, &LL. THE aC-RK TJ ~e'{j,J.NE UNDER 1HE S~.,P~-~VISfIONt DIRECTX']N AND CONTROL 0F g. ULLIFYIN~ ~5':'4T D:~ILL~ OE~EK 'DE~' ) ScS. Ne Zb.e-~3-767q ' ': : ' ":' ~' ; ":L.': FRANCXSC~ de QUINTAN&e ReA. ~CRETARY~ CONS~ TRADES QUAL BOARD DIVISION 3. LOBBYISTS Sec. 2-481. Definitions. The following words, terms 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 pemonnel 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. Depmhnental personnel means the City manager, all assistant City managers, all depmhnent heads, the City attorney, chief deputy City attorney and all assistant City attomeys; however, all depatanental personnel when acting in connection with adminislrative hearings shall not be included for purposes ofthis 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 pe~onnel 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 adjusunent and such other boards and agencies of the City that perform such quasi-judicial fimctions. The nuisance abatement board, special master heatings and administrative heatings 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. 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 registration fee as specified in appendix A and state under oath: (1) His name; BID NO: No. 2001102 C1'1¥ OF MIAMI BEACH DATE: 3/28/02 65 (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 infonnadon 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 fomas filed throughout the period for which the lobbying occurs. (c) If the lobbyist represents a corporation, parmership or trust, the chief officer, pamaer or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identi~ all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or tn~st. (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 (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 ye~,, 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 (0 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 pmvisions of this division. There shall be no fee required for filing a notice of withdrawal, and the City manager shall waive the regiswation fee upon a finding of financial hardship, based upon a swom statement of the applicant. Any person who only appears as a representative 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, whether direct, indirect or contingent, to express suppoI$ of or opposition to any item, shall not be requh~l to register with the cleric as required by this section. Copies of registration forms shall be fumished 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 BID NO: No. 20-01/02 (21TY OF MIAMI BEACH DATE: 3/28/02 66 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 pexson 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 depa~hnents, 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 noncity employees or personnel for registration when they meet with any peasonnel 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 logs 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. Commissioners 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 oppommity 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: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28/02 67 DIVISION 4. PROCUREMENT Sec. 2-486. Cone of silence. (a) Contracts for the provision of goods, services, and construction projects 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 CRFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's admini~i~ative staff including, but not limited to, the city manager and his or her sm.fi; (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 administrative staff including, but not limited to, the city manager and his or her sta~ (c) any communication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ, RFLI or bid between the mayor, city commissioners or their respective staffs and any member of a city evaluation and/or selection committee. 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 stafr. (2) Procedure. a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid airier 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 temfinate (i) 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, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the manager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the mayor and members of the commission and the city manager; providing further if the city commission refers the managers recommendation back to the city manager or staff for ftmher review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or (ii) in the event of contracts for less than $25,000.00 when the city manager executes the contract. (3) Exceptions. The provisions of this section shall not apply to: (a) oral communications at pre-bid conferences; (b) oral presentations before evaluation committees; (c) contract discussions during any duly noticed public meeting; (d) public presentations made to the city commissioners during any duly noticed public meeting; (e) contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid by the city commission; or (f) 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 BID NO: No. 204)1/02 (2ri'Y OF MIAMI BEACH DATE: 3/28/02 68 documents; or (g) city commission meeting agenda review meetings between the city manager and the mayor and individual city commissioners where such matters are scheduled for consideration at the next commission meeting. The bidder, proposer, vendor, service provider, lobbyist, or consultant 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 communications 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 administrative staff including, but not limited to the city manager and his or her staff, (b) any oral 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 administrative staff including, but not limited to, the city manager and his or her staff; and (c) any communication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ or bid between the mayor, city commissioners or their respective staffs and any member of a city evaluation and/or selection committee. Notwithstanding the foregoing, the cone of silence shall not apply to communications with the city attomey and his or her staff. (2) Except as provided in subsections Co)(3 ) and (b)(4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services a~er 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 selection ora particular RFP, RFQ, RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the manager making his or her written recommendation, the cone of silence shall be Ii/ted as relates to communications between the mayor and members of the commission and the city manager, providing further if the city commission refers the managers recommendation back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or (b) in the event of contracts for less than $25,000.00 when the city manager executes the contract. (3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service provider, lobbyist, or consultant (a) from making public presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee meetings; (b) from engaging in contract discussions during any duly noticed public meeting; (c) 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 (d) tiom 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 etc. 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. BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28/02 69 (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, vendor, service provider, consultant, 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. A violation of this section by a particular bidder, proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder, proposer, vendor, service provider, lobbyist, or consultant to the same procedures set forth in Division 5, entitled "Debarment of Conlractors from City Work" shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant void; and said bidder, proposer, vendor, service provider, lobbyist, or consultant 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 and/or selection 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 city attorney's office or state attomey's office and/or may file a complaint with the county ethics commission. (Ord. No. 99-3164, § 1, 1-6-99; Ord. No. 2001-3295, § 1, 3-14-01) BID NO: No. 20-01/02 CITY OF 1VILAMI BEACH DATE: 3/28/02 70 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 "Admini~i~ation", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled- "Debarment of Contractors fi-om 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 ofconlractors fiom City work may be undertaken. 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, organi~tions, lobbyists or other individuals are affiliates of each oaher 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 ownemhip; identity of interests among family members; shared faci!~ and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment ora contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. BID NO: No. 20-01102 CITY OF MIAMI BEACH DATE: 3/28/02 71 (b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. (c) ConUactor means any individual or other legal entity that: O) (2) D'nectly 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 Conducts business or reasonable man be expected to conduct business, with the City as an agent,, representative or subcontractor of another contractor. 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 conlractor (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. 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, Preponderance 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 tree than not. 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 (I) Legal proceeding means any civil judicial proceeding to which the City is a paxty or any criminal proceeding. The terra includes appeals from such proceedings. (3 List of debarred contractors means a list compiled, maintained and distributed by the City's Procurement Office. containing the names of contractors debarred under the procedures of this ord'mance. Section 2-399. List of debarred contractors. (a) The City's Procurement Office. is the agency charged with the implementation of this ordinance shall: Compile and maintain a current, consolidated list (List) of all contractors debarred by City depamnents, Such List shall be public record and shall be available for public inspection and dissemination; BID NO: No. 2001/02 CI'I'¥ OF MIAMI BEACH DATE: 3/28/02 72 (2) (3) Periodically revise and distribute the List and issue supplements, if necessmy, to all depashnents, to the Office of the City Manager and to the Mayor and City Commissioners: and Included in the List shall be the name and telephone number of the City official responsible for its maintename and distribution. Co) The List shall indicate: (1) The names and addresses of all contractors debarred, in alphabetical order; (2) The name of the depathnent 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 depa~hnents 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 depmhnent that recommended the action, Section 2-400. Effect of debarment. (a) Debarred contractors are excluded flora receiving contracts, and depathnents shall not solicit offe~ from award contracts to, or consent to subcontracts with these contractors unless the City Manager detennines 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. Co) Debarred contractors are excluded from acting as individual sureties. BID NO: No. 20-01/02 CI'IY OF MIAMI BEACH DATE: 3~28/02 73 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 temaination of the contract as well as disqualification tiom 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 depa~hnent has ~ntracts or subconU'acts in existence at the time the conUactor was debarred, the debarment period may commence upon the conclusion of the conu'act, subject to approval &same be 5/7ths vote &the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of current contract 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 contractors 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 conlractor 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 con~act will not result in a breach of such contract. Section 2-402. Restrictions on subcontracting. When a debarred contractor is proposed as a subconuactor for any subcontract subject to City approval, the depa~hnent 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. 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 opemg or opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid. Section 2-403. Debarment. (a) The Debarment 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 contractors acts or omissions and any mitigating factors should be considered in making any debarment decision. BID NO: No. 20-01102 t21'lY OF MIAMI BEACH DATE: 3/28/02 74 Debarment constitutes debarment of all officers, directors, shareholders owning or controlling twenty-five (25) percent of the stock, parmers, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existirg affiliates of the con, actor if they are (I) specifically named and (ii) given written notice of the proposed debarment and an oppommity to respond. Future affiliates of the contractor are subject to the Debarment Committee's decision. (c) A contractors 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 tiaud 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 prexailing party in a legal proceeding and a coua det~mdnes that the lawsuit between the contractor and the City was frivolous or filed in bad faith. Co) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (1) (2) (3) 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 depathnent 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; Violation of a City ordinance or administrative order which lists debarment as a potential Any other cause which affects the responsibility of a City contractor or subconlractor in performing City work. Section 2-405. Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Depa~hnent orby a citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall mnsmit the request to a person BID NO: No. 20-01/02 CIIY OF MIAMI BEACH DATE: 3/28/02 75 (b) (c) (e) or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) concerning the proposed debarment, including the cause and grounds for debarment as set forth in this ordinance. Upon completion of the aforestated written ~port, the City Manager shall fonvard 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 City deparmaent person or persons which prepared the report present evidence and argument to the Debarment Committee Notice of proposal to debar. Within ten working days of the Debarment Committee having received the 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. remm receipt requested, or personal service containing the following informal/on: (1) That debarment is being considered: (2) The reasons and causes for the proposed debarment 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 attomey, 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 ac~ml debarment. No later than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish 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 aside the waiver to be heard at the heating, and its decision may only be reviewed upon an abuse of discretion standard. Hearsay evidence shall be admissible at the heating but shall not form the sole basis for initiating a debarment procedure nor the sole basis of any determination of debarment The hear~g 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 heating tape or transcript shall be fumished at the expense and request of the requesting party. BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28/02 76 (0 Debanment 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 adminiswative 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 prepondenance 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. 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. (l) (2) 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, specififing 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. If debannent is not imposed,the City Manager shall notify the contractor and any named affiliates involved ,by certified mail. remm receipt requested, or personal service, within ten (10) working days of the decision. 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. The period of debarment imposed shall be within the sole discretion ofthe 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. The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) (2) For commission of an offense as described in subsection 2404(a)(1): five (5) years. For commission of an offense as described in subsection 2404(a)(2): five (5) years. BID NO: No. 20-01/02 CITY OF MIAMI BEACH DATE: 3/28/02 77 (3) For commission of an offense as described in subsection 2404(a)(3): five (5) years. (4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5) years. (5) For commission of an offense as described in subsections 2404(1>)(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 contractors written request for reasons such as: (1) (2) (3) (4) (5) Newly discovered material evidence; Reversal of the conviction or civil judgment upon which the debarment was based; Bona fide change in ownership or management; Elimination of other causes for which the debarment was imposed; or Other reasons the Debarment Committee deems appropriate. (d) The debarment 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 depa,hnent shall have thirty 00) days from receipt of such request to submit written response thereto. The decision of the Debarment Committee regarding a request made under this subsection is final and non-appealable. 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. SECTION 4. REPEALER. All ord'mances 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 23a day of February, 2000. BID NO: No. 20-01/02 (,.lrl¥ OF MIAMI BEACH DATE: 3/28/02 78 ORDINANCE NO. 2002-3344 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (REP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time the City procures goods and services through Invitation for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, in accordance with the public bidding procedures set forth in Florida law and the Code of the City of Miami Beach (the "City Code"); and WHEREAS, such process may lead to protested bids and proposed awards; and WHEREAS, it is the intent of the Mayor and City Commission that procedural and technical issues related to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, be decided by the City Manager and the City Attorney, and that their determinations with respect to said procedural and technical issues shall be deemed final; and WHEREAS, it is in the best interests of the City and all respondents to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, to have a clear and unequivocal procedure for resolving such protests in a timely and expeditious manner. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. Them is hereby added to Article VI of Chapter 2 of the City Code a new Section 2-371, which shall read as follows: Section 2-371. Authority to Resolve Protested Bids and Proposed Awards. (a) Right to Protest. 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 CRFP"), request for qualifications ("RFQ'), request for letters of interest CRFLI') or invitation for bid for goods and/or services ("hereinafter, collectively referred to as the bid") may protest to the City Manager or his or her designee. Protests arising from the decisions and votes of any evaluation or §election committee shall be limited to protests based upon alleged deviation(s) from BID NO: No. 20-01102 CII'~/ OF MIAMI BEACH DATE: 3/28/02 79 established purchasing procedures set forth in this Code, any written guidelines of the Procurement Department, and the specifications, requirements and/or terms set forth in any bid. (1) 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. Such protest must be made in writing to the City Manager or his or her designee, 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. (2) Any protest after the bid opening, including challenges to actions of any evaluation or selection committee as provided in subsection (a) above, shall be submitted in writing to the City Manager, or his or her designee. 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 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. 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. Co) Any bidder who is aggrieved in connection with the solicitation or proposed award of a purchase order based on an oral or written quotation may protest to the City Manager or his or her designee anytime during the procurement process, up to the time of the award of the purchase order, but not after such time. Such protest shall be made in writing and 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. (c) 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 ont-of- pocket expenses. (d) Authority to Resolve Protests. The City Manager or his or her designee shall have thc authority to settle and resolve a protest concerning the solicitation or award of a bid. BID NO: No. 20-01/02 (~IT¥ OF MIAMI BEACH DATE: 3/28/02 80 (e) Responsiveness. Prior to any decision being rendered under this Ordinance with respect to a bid protest, the City Manager and the City Attorney, 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. TI:z a .... :_~,:~_ _~,~.~ ,~:,.. ~t__Ag .... ~ ,~.~ Ci.9' A~c. rn. zy ;;'i~ rzgard to. al! ..... ~...~, ~_.~ .~,._:~., ....... ~..u ,.~ ~._~, (f) Decision and Appeal Procedures. If the bid protest is not resolved by mutual agreement, the C Manager and the City Attomey, or their respective designees, shall promptly issue decision in writing. The decision shall specifically state the reasons for the action tak and inform the protestor of his or her right to challenge the decision. Any pers~ aggrieved by any action or decision of the City Manager, the City Attorney, or thc respective designees, with regard to any decision rendered under this section may app~ said decision by filing an original action in the Circuit Court of the Eleventh Judicial Circ in and for Miami-Dada County, Florida, in accordance with the applicable court rules. A action not brought in good faith shall be subject to sanctions including damages suffer by the City and attorney's fees incurred by the City in defense of such wrongful actk (g) Distribution. A copy of each decision by the City Manager and the City Attorney shall be mail or otherwise furnished immediately to the protestor. (h) Stay of Procurements During Protests. In the event of a timely protest under this section, t City shall not proceed further with the solicitation or with the award pursuant to such I unless a written determination is made by the City Manager, that the award pursuant such bid must be made without delay in order to protect a substantial interest of the Ci (i) 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 conceming the subject matter of the protest. (j) 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. (k) 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. (1) The determination of the City Manager and the City Attorney with regard to all procedural and technical matters shall be final. Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. 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 BID NO: No. 20-01/02 C1'1¥ OF MIAMI BEACH DATE: 3/28/02 81 Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida, The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th day of January, 2002. PASSED on First Reading this 19th day of December ,2001. PASSED and ADOPTED on Second Reading this 9th day of January. 2002. BID NO: No. 20-01/02 c1'1'¥ OF MIAMI BEACH DATE: 3/28/02 82