Bid 30-02/03
INVITATION FOR BIDS
ELEVATOR RENOVATION AT CITY HALL
ANNEX BUILDING, 777 17TH STREET
BID # 30-02/03
BID OPENING: JUNE 26, 2003
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
F:\PURC\$ALL\MAR T A \Bids\02-03\30-02-03Bid.doc
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
I
C\TY CLERK
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
www.mlamlbeachll. ov
COMMISSION MEMORANDUM
From:
Mayor David Dermer and Date: September 10, 2003
Members of the City Commission
Jorge M. Gonzalez J . ~
City Manager IV'" 0
REQUEST FOR PPROVAL TO AWARD A CONTRACT TO EXECUTIVE
ELEVATOR SERVICE, INC. IN THE AMOUNT OF $151,875, PURSUANT
TO INVITATION TO BID NO. 30-02/03, FOR THE ELEVATOR
RENOVATION AT CITY HALL ANNEX BUILDING, LOCATED AT 77717TH
STREET.
To:
Subject:
ADMINISTRATION RECOMMENDATION:
Approve the Award.
BID AMOUNT AND FUNDING:
$151,875 Funds are available from Acet. 369.2284.069358 (Gulf Breeze bond Fund) and
Acct. 011.9313.000342 (777 Building Repairs Account)
ANALYSIS:
Invitation to Bid No. 30-02103 (the "Bid") was issued on June 4,2003, with an opening date
of July 25, 2003. BidNet issued bid notices to 4 prospective bidders. Additionally, the
Procurement Division sent the bid announcement to the list of supplemental bidders
provided by the Property Management Division and the elevator companies listed in the
Blue Book, thus inviting another 13 prospective bidders. The notices resulted in the receipt
ofthree (3) bids.
The work specified in the Bid consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, and services necessary for the renovation of
two (2) electric passenger elevators at the City Hall Annex Building, located at 777 17th
Street. See attachment for an explanation of why the elevator renovation project for the
777 Building is required.
Additionally, the Bid was issued with two add alternates, to be selected at the sole
discretion of the City. Add Alternate 1 was for the supply and installation of a new elevator
machine. Add Alternate 2 was for the supply and installation of a complete new opening on
the fifth floor allowing the West Elevator access to that level. The Property Management
Division of Public Works recommended Add Alternate 2 based on the funding available.
The lowest and best bid was received from Executive Elevator Service, Inc. This contractor
has been in business for 25 years as a specialty mechanical contractor (Elevator). The
Procurement Division obtained favorable references from the following agencies:
16
Bid No. 30-02103
September 10, 2003
Page 2
. 633 Partners L TO;
. Club Atlantis Condominium;
. Legal Services of Greater Miami; and
. Winston Tower 300 Condominium
Contractor will procure Performance and Payment Bonds, each in the amount of 100% of
the contract price. Contractor will be substantially completed within one hundred-twenty
(120) calendar days from the issuance date ofthe Notice to Proceed, with final completion
thirty (30) days later.
RECOMMENDATION
Based on the analysis of the bids received, it is recommended that the City award the Base
Bid and Alternate 2 to the lowest and best bidder, EXECUTIVE ELEVATOR SERVICE,
INC.
BID TABULATION:
VENDOR Base Bid Add Alt. 1 Add Alt. 2 Base Bid +
Add Alt. 2
Executive Elevator Service, Inc. $148,775 $16,000 $3,100 $151,875
Atlantic Elevator Sales and $151,320 $30,396 $3,400 $'154,720
Service, Inc.
ThyssenKrupp Elevator $170,300 $18,950 $4,350 $174,650
Corooration
T:\AGENDA\2003\sep1003\consent\elevator renovation bid 30 memo.doc
17
Bid No. 30-02103
September 10, 2003
Attachment
The following is an explanation of why the elevator renovation project for the 777 Building is
required:
1. The elevators are more than 40 years old and, as best that can be told, have never been
upgraded. Many of the elevators operating components are wom out from over 40 years of
service.
2. Many of the parts that are required for routine maintenance and repair are no longer available
due to the antiquity of the equipment or no longer carried as a stock item by the parts vendors.
When replacements are required, the elevator must remain out of service until replacement
parts can be obtained. The extended out of service time required to obtain the not readily
available parts causes a negative impact on the building tenants business operations.
3. The elevators are not A.DA compliant. As part of the renovation project, both elevators will be
brought into full compliance with current A.D.A. codes.
4. The elevator control system will be replaced with a state of the art electronic controller that will
require little or no future maintenance, the elevators will run smoother, and potential legal and
insurance liabilities will be decreased.
5. The monthly service contract fee will be omitted for the one year period the elevator is under
warranty. Bids were submitted by the elevator companies with this cost included in the project
cost.
6. As part of the renovation project, the west elevator will be modified so that it will service the 5th
floor of the building. Currently the 5th floor is only serviced by the east elevator. When the east
elevator is out of service, there is no A.DA accessible ingress or egress from that floor. The 5th
floor tenant of the building has claimed the out of service elevator has negatively impacted his
business and has sought rent relief from the City for the lack of elevator service to his floor.
7. The operation of the current elevators has become unstable and they are frequently not
operating within the design parameters of the elevator. Some of the results of this are non-
leveling of the elevators at various floors, excessive vibration during operations, excessive door
opening times due to old tracks and door operating equipment.
8. If the elevator renovation project is not funded, the elevator inspection section of the City's
BUilding Department will require certain upgrades to occur whether the elevators are upgraded
or not. The expense for these upgrades will still have to be spent if the elevators are to remain in
service.
9. Most of the elevators owned by the city are approaching the ends of their normal service lives
and modifications and upgrades are required as part of elevator and building department
requirements. These upgrades require large capitalization of funds and therefore should be
spread out over a ten year period so that the costs of elevator renovations annually are not cost
prohibitive to the City's budget.
10. There are several medical clinics, including a kidney dialysis clinic, located on the upper floors of
the 777 Building where patients are brought in by stretcher. There have been numerous
occasions recently where the Fire Department has had to have been dispatChed to carry these
patients down the stairs of the building due to both elevators being out of service for repairs.
This places an undue liability upon the City should a life safety issue occur while a patient Is
waiting for Fire-Rescue to get to the dialysis clinic.
11. Due to the unreliability of the two elevators and the reasons noted above, it is imperative the
elevator renovations be funded.
18
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\miamibeachfl.9oV
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 30-02/03
ADDENDUM NO.5
July 10,2003
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING, 777 17TH
STREET is amended as follows:
I. REPLACE: Pages 27, 28 and 29 of the bid documents with attached amended pages.
II. ADD: Pages 27-1, 27-11, 27-111, 27-IV, 27-V, 27-VI, 27-VII, 27-VIII, and 27-IX to the bid
documents.
III. DELETE: second paragraph, page 23, Scope of Work: "Bidders shall provide an
Alternate bid amount .... replacement of the motor only (see paragraph 3 of the
specifications)."
IV. ADD the following language to the first paragraph ofthe Base Bid Specifications, page
23: "No proprietary software or hardware shall be utilized in this bid. All equipment
utilized shall be generic and non-proprietary."
V. The following information relative to issues raised or discussed at the pre-bid
conference are hereby incorporated and made part of Bid No. 30-02/03:
A. Work by Others - Preparatory work for the elevator installation to be performed by
others, and therefore not part of the scope of work for this bid, is attached (Pages 27-1
and 27-11).
B. Insurance Requirements - Should a prospective bidder take exception to any of the
Insurance Requirements as specified in the Bid Documents, alternate insurance
coverage, satisfactory to the City of Miami Beach Risk Manager, may be considered.
C. Completion Time - Once successful bidder is in receipt of all necessary permits and
materials, a Notice to Proceed will be issued, to mobilize on the Project site and
commence with physical construction work. Substantial completion time is hereby
revised from 90 days to 120 days from the date of the Notice to Proceed; final
completion is 30 days after substantial completion.
D. Warranty and Maintenance Agreement are considered as separate items for bidding
purposes. Warranty must be included in the bid amount. As per section 2.17, work
performed and equipment supplied will be warranted for a period of one year. Cost for a
Maintenance Agreement for the first year will also be included in the Base Bid amount.
Cost of a Maintenance Agreement for years 2 through 5 shall be provided as a separate
line item on page 2 of the Proposal Form. Maintenance Agreement Scope of Work is
attached (pages 27-II1 through 27-IX). Section 2.26, Maintenance Agreement of the
Special Conditions is hereby revised to read as follows:
Page 2
Addendum 5
ITB 30-02-03
"Bidder shall quote on the appropriate space on the Bid Form, a per year cost
(specified per month) for full service/parts maintenance agreement to commence at
the end of the warranty period. This agreement will be accepted at the sole
discretion of the City of Miami Beach. Maintenance price shall include all
parts/labor (including travel time) for the entire systems installed under this bid,
in accordance with the Maintenance Agreement Scope of Work (pages 27-111
through 27-IX). Prices quoted shall remain fixed and firm during the term ofthe
agreement. Bidder will be required to provide emergency call back service within
two hours from receipt of notification. This agreement shall be for a minimum of
five (5) years, on a year to year basis, and may be extended upon mutual
agreement of both parties. Cost of the Maintenance Agreement for the first year is
included as part of the Base Bid.
The Bidder shall quote an hourly labor rate for repairs (in accordance with
Section 2.16 ofthe Special Conditions) in the appropriate space on the Bid Form,
in the event the City of Miami Beach elects not to choose the maintenance
agreement.
E. Hall push button stations for access to the Sib floor. The following language shall be
added to the Base Bid Specifications, page 25, paragraph 12: (<Access to fifth floor shall
be by separate hall station at every floor, installed next to the elevator serving the fifth
floor, with an engraved sign "5th Floor Elevator Access Call Button")>.
F. Alternate bid amount for the supply and installation of a complete new opening on
the fifth floor allowing the West Elevator access to that level. See amended page 27
of the Bid Documents.
VI. The following are answers to questions submitted by prospective bidders:
1. Are the Minimum Requirements of Bidders to be waived or altered in any manner
whatsoever?
Please refer to addenda number 2 and 3 regarding Minimum Requirements.
2. In the Base Bid, there is no mention of any refurbishing of the existing traction
machines; i.e. replacement ofleaking scals, replacement of brake shoes, replacement
of bearings, cleaning of machines, flushing out of gear case, etc. Was this the intent
of the specifications? What work if any is to be performed on the machines under the
Base Bid Specifications?
Refer to "Engineering Design" on pg. 26. The interpretation is that any existing
equipment has to be refurbished so as to operate at maximum efficiency with
any new equipment provided. Therefore, for instance, if any seals are leaking,
they should be replaced. Same applies to any other component that is retained.
3. Page 25, Item # 10. Are hoistway door tracks and hangers to be retained?
See answer to Question 2 above. If existing door tracks and hangers are in good
condition, they can be retained. If existing equipment conditions are not
capable of operating at maximum efficiency, then replace with new.
Page 3
Addendum 5
ITB 30-02-03
4. Page 25, Item #11. Is each elevator to be provided with just a main car operating
panel or should each car be provided with a main car operating panel and an
auxiliary car operating panel?
Main and auxiliary operating panels are required.
5. Page 25, Item #12. Is one riser of hall stations or two risers of hall stations to be
provided?
Two risers of hall stations are required.
6. How is dispatch of the duplex system to be addressed regarding 5th floor access?
Access to fifth floor shall be by separate hall station at every floor, installed next
to the elevator serving the fifth floor, with an engraved sign "Slh Floor Elevator
Access Call Button."
7. Special Conditions, Item 2.12 Completion of Project should be deleted, as ninety
(90) days is insufficient time for project completion. The Bid Form includes a space
for stating the delivery of materials time frame and the installation time frame which
will supersede and show a period time frame for completion.
Bidders shall indicate on the proposal form both material and installation lead
times. After successful bidder is in receipt of the materials, a Notice to Proceed
will be issued to commence with installation. The installation time shall not
exceed the 150 days total for substantial and final completion.
8. Item 2.13 Liquidated Damages should be deleted, as there are several items that must
be performed by others, as elevator companies are not licensed to perform some of
the scope of work.
As per section 2.13, liquidated damages will be assessed unless exempted by the
Property Management Division. Documentation showing the nature of the delay
beyond the control ofthe elevator contractor shall be cause for exemption from
liquidated damages.
Bidders are reminded to please acknowledge receipt ofthis addendum with their proposals or the bid
may be considered non-responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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ADD AL TERNA TE BID SPECIFICATIONS
AL TERNA TE 1
Furnish and install new elevator Machine (in addition to the Motor as specified in paragraph 3 of the
Base Bid Specifications) specifically designed for traction elevator use.
In submitting the price for the Machine, deduct the cost included in your base bid for the
refurbishment of the existing machine, if any.
AL TERNA TE 2
Furnish and install a complete new opening on the fifth floor allowing the West Elevator access to
that level. The installation must include all necessary sill supports, sill, door frame to match existing
door frame on Slh floor. Supply and install new door hangers, tracks and all necessary equipment in
the elevator hoistway to allow the elevator to stop at the fifth floor. The installation must be
complete of hall station, braille plates and any other items necessary to meet the requirements of
ASME A 17 .1. Cutting and patching of the opening and hall station will be by others.
In submitting the price for this work, deduct the amount included in your base bid for the
separate hall station supplied for Slh floor access by East Elevator. These hall stations will no
longer be required if the fifth floor opening is selected.
Bidders must bid on both Alternate I and Alternate 2 or their bid may be considered non-responsive.
At a minimum, the Base Bid will be recommended for Award. The City reserves the right to select
Alternate I only, Alternate 2 only, or both Alternates, in addition to the Base Bid, at the sole
discretion of the City.
BID NO: 30-02103
DA TE: 06/04/03
CITY OF MIAMI BEACH
27
AMENDED
7/10/03
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING
BID # 30-02/03
WORK BY OTHERS
Machine Room:
1. A lockable fused disconnect with RK5 fuses for each main elevator power supply
2. Properly grounded and bonded separate ground wire from main electrical panel to each
disconnect
3. A lockable fused disconnect for each cab lights and ventilation
4. Protected garage-type lighting and convenience outlets (GFI).
5. Air conditioning with thermostat control to maintain room temperature between 55 and
90 F., and relative humidity not to exceed 85%. Do not install above any elevator
equipment
6. Fire extinguisher A.B.C.
7. Maintain required fire rating of machine room walls and ceiling. Seal any penetrations
accordingly
8. When sprinklers are provided, install heat detector for each sprinkler and shunt trip
located in main electrical room
9. Smoke Detector(s) monitored by an approved Fire Alarm Control Panel with minimum 3-
zone control
10. Fire-rated, UL-B label door, self closing, selflocking with threshold
Hoistwav:
1. Beveled guards are required for projections, recesses and setbacks that project more than
2in. inside the general line of the hoistway
2. Recesses, supports, fireproofing and patching, as required, to accommodate any hall
button boxes, signal fixtures, hoistway entrance frame and any penetrations into the
elevator hoistway.
3. Convenience outlets OFI protected and minimum 2 light water tight fixtures in each pit
with switch located adjacent to the access door.
4. Vertical non combustible ladder for each elevator extending 42 in. above the sill of the
access door.
5. Dry pit, pit sump pump with wiring and piping if necessary.
6. The interface of the elevator hoistway front wall with the entrance assembly shall be in
compliance with the elevator supplier's requirements
7. When sprinklers are provided ( except in the pit) install heat detector for each sprinkler
and shunt trip.
8. Smoke detectors, top and bottom of each hoistway, monitored by an approved Fire Alarm
Control Panel with minimum 3-zone control
9. Proper venting to the outside with min. 3 sq ft of net venting area for each elevator
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
27-1
ADDED
7/101103
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING
BID # 30-02/03
Work by others (contd.)
General Requirements
I. Smoke detectors at each elevator lobby, monitored by an approved Fire Alarm Control
Panel with minimum 3-zone control.
2. Fire signs at each elevator lobby
3. Lockbox at the designated level.
4. Smoke detectors in elevator lobbies, hoistways, machine room(s) including wiring to the
terminals ofthe elevators controller for firefighters' service.
S. Standby emergency power operation of elevators when provided
6. Dedicated telephone line for each elevator provided at the elevator machine room to each
controller.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
27-11
ADDED
7/10//03
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING
BID # 30-02/03
MAINTENANCE SERVICE - SCOPE OF WORK
Successful Bidder shall:
I. Maintain the elevator equipment herein described using skilled elevator maintenance
employees under his supervision. He will employ all reasonable care to see that the
elevator equipment is maintained in proper operating condition.
2. Regularly and systematically examine each unifof elevator and/or escalator equipment,
its component parts and operation in accordance with minimum maintenance pre-
approved checklist; and, as conditions warrant, adjust, lubricate, clean, repair or replace
such parts and mechanisms as necessary to render full maintenance care and keep the
elevator and/or escalator equipment in proper and safe operating condition. Extra care
shall be taken to look for any cracked, defective, or worn parts and replace same.
3. The Contractor shall maintain all elevators and/or escalators under this contract in fIrst-
class operating condition to comply with all requirements of the current American
Standard Safety Code Manual, AI7.2, and all other applicable laws, regulations,
ordinances, codes, etc. The ANSI! ASME Standards and Inspector's manual shall be used
as a guide to establish that equipment is operating safely.
4. The Contractor shall maintain the original efficiency, safety and rated speeds of the units
including full running speed, acceleration, deceleration, landing and leveling and floor-
to-floor time including door opening and closing time where power door operation
exists, all per manufacturers specifIcations and/or by code requirements. Additionally the
Contractor shall maintain vibration and noise levels within acceptable industry standards
for each piece of equipment.
5. To prevent build-up oflint and dirt, periodically (at least twice per year): brush lint and
dirt from the guide rails, overhead beams and sheaves, counterweight frames, car tops,
bottom of platforms, pit equipment, machine-room floor and hoistway door hangers and
tracks; on escalators and moving walks.
6. Renew wire ropes as often as deemed necessary to maintain an adequate factor of safety.
Periodically the Contractor shall equalize the tension of all hoist ropes, and lubricate in
accordance with wire rope manufacturers recommendations.
7. Rust or rouge will not be tolerated for wire ropes on this equipment. If noted on any
inspection, the Contractor shall remedy the condition permanently within fourteen (14)
days from written notice. Wire ropes must be replaced prior to wear below minimums
required by ANSI A17.1 AI7.2.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
27-111
ADDED
7/10/103
8. Periodically examine all safety devices and governors and make annual safety tests; also
make inspections and safety tests as required by the current American Standard Safety
Code for Elevators, Dumbwaiters and Escalators. to include five (5) year full load and
full speed tests.
NOTE: The contractor shall notify the Contract Administrator 48 hours in advance of
regularly scheduled safety tests, including pressure tests and full load tests, of the time
and place of the test.
9. Conduct monthly tests of elevator portion of emergency power operation and maintain
log of all tests and the results.
10. Hvdraulic Elevators, the contractor shall furnish all labor, materials and equipment
necessary to keep the hydraulic pumping equipment in top working order including but
not limited to inspection ofthe system noting controller operation adjustment, repair or
replacement of electrical circuitry, oil levels, hydraulic lines, pump operating frequency,
pit cylinder condition, keeping the pit and all drip pans free of oil accumulation, dirt and
debris. . .
Traction Elevators: Elevator machine, motor generator, and control parts including
mechanical parts, gears, worms, bearings, thrust bearings, brake, brake lining, magnetic
frames, coils, and resistors for motor and operating circuits.
11. Signal Light Bulbs shall be replaced during regular service visits.
12. The following accessory equipment will be examined, lubricated, adjusted, repaired
and/or replaced by contractor:
Door Operator, Car Door Hangers, Car Door Contacts and Door Protective Devices.
Emergency Car Lighting, Fans, and Blowers.
13. The following items are not included in this contract:
Refinishing, repairing or replacement of car enclosure, its gate and/or doors, hoistway
enclosure, hoistway doors, door frames and sills, hoistway gates, finished flooring,
power feeders, switches, their wiring and fusing, hydraulic cylinder, and underground
piping.
14. Should an elevator be out of service for more than 72 hours for any reason except while
scheduled repairs are being performed, the City reserves the right to deduct the daily cost
of maintenance from the monthly billing until elevator is put back in service.
NUMBER OF MAN HOURS TO BE FURNISHED
The successful bidder shall be required to provide the necessary man hours per month for
routine cleaning, inspection and adjusting service. In addition, the successful bidder shall
provide the necessary man hours for tuning and adjusting of control systems and other
maintenance such as hatch cleaning, safety tests, governor tests, etc., to insure the equipment
is in good operating condition at all times. This includes man hours consumed in emergency
call backs either during regular working hours or after regular working hours, and includes
hours used for maior maintenance reoairs.
BID NO: 30-02/03
DA TE: 06/04/03
CITY OF MIAMI BEACH
27-IV
ADDED
7/101103
EMERGENCY CALL BACK SERVICE
The successful bidder shall be required to provide emergency call back service as required
by these specifications within two hours from receipt of notification of each such
requirement from the designated authority or his representative.
PERFORMANCE REQUIREMENTS
It is the intent of this contract that equipment be maintained so as to preserve the operation
characteristics in line with the original design. Should the City's designated authority find
through his own investigation or that of his representative that these standards are not being
maintained, the contractor shall be given 14 calendar days notice to restore the performance
(Cure Notice) to the required level. Failure by the contractor to restore the performance to
the required level within the 14 calendar days period shall constitute sufficient cause for
termination of the contract by reason of default.
DEFAULT
The designated authority may, by written notice of default to the contractor, terminate the
whole or any part of this contract ifthe contractor fails to perform the service within the time
specified in the manner required herein or if the contractor does not cure such failure within
a period of 14 calendar days after receipt of notice from the designated authority specifying
such failure.
In the event the designated authority terminates this contract in whole or part as provided
herein, he may procure in such manner as seems appropriate supplies or services similar to
those so terminated and the contractor shall be liable for any excess cost for such similar
supplies or services. However, the contractor shall continue the performance ofthis contract
to the extent not terminated under the provisions of this clause.
ADDITIONAL PROVISIONS
I. Service call schedule shall be at least monthly for the contract term unless otherwise
directed.
2. Contractor is not required under this contract to make renewals or repairs necessitated by
reason of negligence, accident, or misuse of machinery, apparatus or car, or due to any
other similar or dissimilar causes beyond its control. Contractor shall not be required to
make additional safety tests, nor be required to install new attachments on the elevator
which may be recommended or directed by Insurance Companies, or Government, State,
Municipal, or other authorities.
3. The successful bidder must provide and maintain a service record for work to be
performed as part of this maintenance agreement, satisfactory to the Property
Management Division. See attached sample Maintenance Service Record for bidder's
reference.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
27-V
ADDED
7/101103
ELEVATOR COMPANY
MASTER MAINTENANCE SERVICE RECORD
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BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
27-VI
ADDED
7/10//03
REPAIR-TEST 8l CAL.LBACK L.OG
DATE 1% DESCRI"ION 0'" WORK DONE MECH.
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BID NO: 30-02/03
DA TE: 06/04/03
CITY OF MIAMI BEACH
27-VII
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DA TE: 06/04/03
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BID NO: 30-02/03
DATE: 06/04/03
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ADDED
7/10//03
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING
BID # 30-02/03
PROPOSAL FORM
Page 1 of3
COMPANY NAME:
Our proposal includes the total cost for supplying all labor, materials, tools, equipment, means of
transportation, and all services necessary for the complete Renovation of the two (2) Elevators
located at the City Hall Annex Building, in accordance with these Specifications. The cost of the
Maintenance Agreement for the first year is included in our Base Bid Lump Sum Amount.
BASE BID - LUMP SUM AMOUNT:
$
Written Amount
ADD AL TERNA TE 1 -
(Furnish and install new elevator machine)
(See page 27 Amended)
$
Written Amount
ADD ALTERNATE 2 - $
(Furnish and install a complete new opening on the fifth
floor allowing the West Elevator access to that level)
(See page 27 Amended)
Written Amount
Delivery of Materials
days ARO
Installation
days
Warranty:
Years (Section 2.17)
NOTE:
ADD ALTERNATE BIDS WILL BE SELECTED AT THE SOLE DISCRETION OF THE
CITY OF MIAMI BEACH
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
28
AMENDED
7/10/03
ELEVATOR RENOV A nON AT CITY HALL ANNEX BUILDING
BID # 30-02/03
PROPOSAL FORM
Page 2 of3
COMPANY NAME:
MAINTENANCE AGREEMENT (Section 2.26)
We propose to supply a Maintenance Agreement in accordance with these specifications. This
Maintenance Agreement shall commence at the end of the warranty period and 1st year maintenance
agreement.
MAINTENANCE AGREEMENT: $
Years 2 through 5 (Firm Fixed Price)
1 Month x 12 = $
Near
HOURLY LABOR RATES (Section 2.16)
In the event the City of Miami Beach elects not to choose the maintenance agreement, and/or
additional work is required, not identified in the Bid Specifications, we propose to provide the work
at the following rates.
HOURLY LABOR RATE 1:
$
/Hour
HOURLY LABOR RATE 11:
$
/Hour
PARTS AND SUPPLIES (Section 2.14)
Should parts and supplies be required in connection with work not specified in the bid documents,
we propose to furnish at the following rate:
PROVIDE PARTS AND SUPPLIES REQUIRED AT VENDORS: COST
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
29
AMENDED
7/10/03
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33139
http:\\miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 30-02/03
ADDENDUM NO.4
July 2, 2003
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING, 777 17TH
STREET is amended as follows:
I. The bid opening date is changed from July 8, 2003 until July 25, 2003 at 3:00 p.m.
II. Subsequent addenda will follow to answer questions by prospective bidders.
Inasmuch as this change does not materially affect the bid document, bidders are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
,...::::~/"',/
/- ." --.
( 1/.
Gus Lopez, CPPO
Procurement Director
mf
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
hllp:\\miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 30-02/03
ADDENDUM NO.3
June 23, 2003
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING, 777 17TH
STREET is amended as follows:
I. The following are answers to questions by prospective bidders, in regards to Addendum #2,
Minimum Requirements:
I. Does this mean that Florida Coast Elevator, Inc., can not bid on this project due to the fact that
this company is only one and half years old? The average employee has 15-20 years in the
elevator repair, building of elevators, service, modernization, new installation, sales, owner ship
and management of elevator companies. I personly have 22 years in the elevator feild, from
building elevators components to sales to designing power units to purchasing material to sales to
running one of south floridas largest elevator companys.
The Bid requires that the Bidder, which has been defined as the company and not
individuals employed by the company, must have a minimum of three years experience in
providing Elevator Renovations and provide at least four (4) separate references for
projects completed, of which each project total cost was fifty thousand dollars ($50,000) or
higher. Therefore, any Bidder (company) which does not meet the minimum requirements
of three years, will be disqualified as non-responsive and receive no further consideration.
Pursuant to the City's Bid Protest Ordinance, you may protest the Bid specifications,
requirements, and/or terms within three (3) business days (other than Saturday, Sunday, or
national holiday), from the time the facts become known, and, in any case, at least two (2)
business days prior to the opening of the Bid. Such protest must be made in writing, and
such protest shall state the particular grounds on which it is based and shall include all
pertinent documents and evidence. Failure to timely protest bid specifications,
requirements and/or terms is a waiver of the ability to protest the specifications,
requirements and/or terms.
II. Subsequent addenda will follow to answer questions by prospective bidders.
Bidders are reminded to please acknowledge receipt ofthis addendum with their proposals or the bid may
be considered non-responsive.
CITY OF MIAMI BEACH
L/,..'/
(-~-l<-----
Gus Lopez, CPPO
Procurement Director
rnf
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 30-02/03
ADDENDUM NO.1
June 9, 2003
ELEVATOR RENOV A nON AT CITY HALL ANNEX BUILDING, 777 17TH
STREET is amended as follows:
I. The Pre-bid Conference location has been changed; the date and time remain the same.
The Pre-bid conference will be held at 10:00 a.m. on June 12, 2003 at the City of Miami
Beach City Hall, 4th Floor. Citv Manal!er's Small Conference Room, located at 1700
Convention Center Drive. A subsequent Site Visit will take place at the 777 17th Street
building.
Inasmuch as this change does not materially affect the bid document, bidders are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
.-;/../'"
/' / ---
( '.'
....'.
Gus Lopez, CPPO
Procurement Director
mf
CITY OF MIAMI BEACH
lQ
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\miamibeachn.gov
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
PUBLIC NOTICE
INVITATION TO BID NO. 30-02/03
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 26th day of June,
2003 for:
ELEVATOR RENOV A nON AT CITY HALL ANNEX BUILDING
777 17TH STREET
Scope of Work: The work specified in this bid consists of furnishing all labor, machinery, tools,
means of transportation, supplies, equipment, materials, services necessary for the Renovation of
two (2) electric passenger elevators at the City Hall Annex Building, located at 777 1 ih Street, one
(1) elevator serving four (4) landings and one (1) elevator serving five (5) landings, in accordance
with these specifications.
Minimum Requirements: Prospective Bidder must have a minimum of 5 years experience in
providing Elevator Renovations and provide at least four (4) separate references for projects
completed, of which each project total cost was fifty thousand dollars ($50,000) or higher.
At time, date, and place above, bids will be publicly opened. Any bids or proposals received after
time and date specified will be returned to the bidder unopened. The responsibility for submitting a
bid/proposal before the stated time and date is solely and strictly the responsibility of the
bidder/proposer. The City is not responsible for delays caused by mail, courier service, including
U.S. Mail, or any other occurrence.
A Pre-Bid Conference / Site Visit will be held at 10:00 a.m. on June 12,2003 at the City of
Miami Beach City Hall, 1st Floor Lobby area, 1700 Convention Center Drive.
Attendance at the Prebid Conference is highly encouraged and recommended as a source of
information but is not mandatory.
Bid Guarantv: A Bid Guaranty is not required, however the successful Bidder executing the
Contract will be required to provide the Performance Bond and Payment Bond in the amount of one-
hundred percent (100%) of the contract amount, and evidence of required insurance within fifteen
(15) calendar days after notification of award of the Contract.
BID NO: 30-02103
DATE: 06/04/03
CITY OF MIAMI BEACH
2
The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid
notification system created exclusively for state and local agencies located in South Florida. Created
in conjunction with BidNet, this new South Florida Purchasing system has replaced the DemandStar
system and allow vendors to register online and receive notification of new bids, amendments and
awards. Vendors with Internet access should review the registration options at the following website:
www.govbids.com/scrivts/southflorida/vublic/home I.asp. If you do not have Internet access, please
call the BidNet support group at 800-677-1997 extension # 214.
Any questions or clarifications concerning 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:
(305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must
be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All
responses to questions/clarifications will be sent to all prospective bidders in the form of an
addendum.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best
interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of
Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, "IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COPY
OF ALL WRITTEN COMMUNICA TION(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 REQUEST FOR BID IS SUBJECT TO THE
CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389.
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.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-3363.
CITY OF MIAMI BEACH
/}/'.
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,/ ../.,---"
i v
Gus Lopez, CPPO
Procurement Director
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
3
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\miamibeachfl.9oV
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (305) 673.7851
I NOTICE TO PROSPECTIVE BIDDERS
NO BID
Ifnot submitting a bid at this time, please detach this sheet from the bid documents,
complete the information requested, and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
_Our company does not handle this type of product/service.
_We cannot meet the specifications nor provide an alternate equal product.
_Our company is simply not interested in bidding at this time.
_Due to prior commitments, I was unable to attend pre-proposal meeting.
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for the type or
product andlor service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid m:: this completed form, may result in your
company being removed from the City's bid list.
BID NO: 30-02/03
DA TE: 06/04/03
CITY OF MIAMI BEACH
4
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING
BID # 30-02/03
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 ofMiarni Beach Procurement Division, 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. If a correction is necessary, draw a single line through the entered
figure and enter the corrected figure above it. Corrections must be initialed by the person
signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be
tabulated. The original bid conditions and specifications CANNOT be changed or altered in
any way. Altered bids will not be considered. Clarification of bid submitted shall be in
letter form, signed by bidders and attached to the bid.
1.3 NO BID:
If not submitting a bid, respond by returning the enclosed bid form questionnaire, and
explain the reason. Repeated failure to bid without sufficient justification shall be cause for
removal of a supplier's name from the bid mailing list.
1.4 PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extended total,
when requested. Prices must be stated in units of quantity specified in the bidding
specifications. In case of discrepancy in computing the amount ofthe bid, the UNIT PRICE
quoted will govern. All 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 ofbid(s).
1.5 TAXES:
The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax
and Use Certificate Number is 04-00097-09-23.
BID NO: 30-02/03
DA TE: 06/04/03
CITY OF MIAMI BEACH
5
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 ofthis bid shall be the
latest new and current model offered (most current production model at the time of this bid).
All containers shall be suitable for storage or shipment, and all prices shall include standard
commercial packaging.
1.8 UNDERWRITERS' LABORATORIES:
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall
be U.L. listed or re-examination listing where such has been established by U.L. for the
item(s) offered and furnished.
1.9 BIDDER'S CONDITIONS:
The City Commission reserves the right to waive irregularities or technicalities in bids or to
reject all bids or any part of any bid they deem necessary for the best interest ofthe City of
Miami Beach, FL.
1.10 EQUIVALENTS:
Ifbidder offers makes of equipment or brands of supplies other than those specified in the
following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall
conform in quality, design and construction with all published claims of the manufacturer.
Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are
informational guides as to a standard of acceptable product quality level only and should not
be construed as an endorsement or a product limitation of recognized and legitimate
manufacturers. Bidders shall formally substantiate and verify that product(s) offered
conform with or exceed quality as listed in the specifications.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other
than the specified brands, and shall indicate ANY deviation from the specifications as listed.
Other than specified items offered requires complete descriptive technical literature marked
to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH
THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA.
Lacking any written indication of intent to quote an alternate brand or model number, the bid
will be considered as a bid in complete compliance with the specifications as listed on the
attached form.
1.11 (NOT USED)
1.12 (NOT USED)
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
6
1.13 NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Item delivered, not conforming to
specifications, may be rejected and returned at vendor's expense. These items and items not
delivered as per delivery date in bid and/or purchase order may be purchased on the open
market. Any increase in cost may be charged against the bidder. Any violation of these
stipulations may also result in:
A) Vendor's name being removed from the vendor list.
B) All departments being advised not to do business with vendor.
1.14 SAMPLES:
Samples of items, when required, must be furnished free of expense and, if not destroyed,
will, upon request, be returned at the bidder's expense. Bidders will be responsible for the
removal of all samples furnished within (30) days after bid opening. All samples will be
disposed of after thirty (30) days. Each individual sample must be labeled with bidder's
name. Failure of bidder to either deliver required samples or to clearly identify samples may
be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to
the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139.
1.15 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 ofthe user, Monday through Friday, excluding holidays.
1.16 INTERPRETATIONS:
Unless otherwise stated in the bid, any questions concerning conditions and specifications
should be submitted in writing to the Procurement Director, 1700 Convention Center Drive,
Miami Beach, FL 33139. 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 t%r risk
of loss or damage to all items shall be the responsibility of the successful bidder until
acceptance by the buyer unless loss or damage result from negligence by the buyer.
If the materials or services supplied to the City are found to be defective or not conform to
specifications, the City reserves the right to cancel the order upon written notice to the seller
and return product at bidder's expense.
BID NO: 30-02103
DATE: 06/04/03
CITY OF MIAMI BEACH
7
1.21 PAYMENT:
Payment will be made by the City after the items awarded to a vendor have been received,
inspected, and found to comply with award specifications, free of damage or defect and
properly invoiced.
1.22 DISPUTES:
In case of any doubt or difference of opinion as to the items to be furnished hereunder, the
decision of the City shall be final and binding on both parties.
1.23 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 responsibility.
1.24 (NOT USED)
1.25 (NOT USED)
1.26 PATENTS & ROYALTIES:
The bidder, without exception, shall indemnify and save harmless the City of Miami Beach,
Florida and its employees from liability of any nature or kind, including cost and expenses
for, or on account of, any copyrighted, patented, or unpatented invention, process, or article
manufactured or used in the performance of the contract, including its use by The City of
Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters,
patent, or copyright, it is mutually understood and agreed, without exception, that the bid
prices shall include all royalties or cost arising from the use of such design, device, or
materials in any way involved in the work.
1.27 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 amended, and the failure to comply with this condition will be considered as a
breach of contract. Any fines levied because of inadequacies to comply with these
requirements shall be borne solely by the bidder responsible for same.
1.28 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
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375,
relative to equal employment opportunity for all persons without regard to race, color,
religion, sex omational origin.
1.30 AMERICAN WITH DISABILITIES ACT:
Call (305) 673-7490NOICE 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 Heidi Johnson Wright,
Public Works Department, at 305.673.7080.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
8
1.31 QUALITY:
All materials used for the manufacture or construction of any supplies, materials or
equipment covered by this bid shall be new. The items bid must be new, the latest model, of
the best quality, and highest grade workmanship.
1.32 (NOT USED)
1.33 LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where bidders are required to enter or go onto City of Miami Beach property to deliver
materials or perform work or services as a result of a bid award, the successful bidder will
assume the full duty, obligation and expense of obtaining all necessary licenses, permits and
insurance and assure all work complies with all applicable 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 ofthe contract as a result of his or
her bid.
1.34 BID GUARANTY:
i\11 bids shall be aecompaniea by either an erigmal bid bond executed by a surety eempaay
meetiRg the llHalifieatieRs fer surety eempaRies, er by eash, meney erder, eertifiea eheek,
eashier's eheek, Bid GuafBnty Ferm, UneenaitieRal Letter ef Credit (Ferm 0011Q),
treas\uer's check or bank araft ef any national er state bank (United States), in the ameunt of
$ payable te City of Miami Beaeh, Florida, ana eenaitienea I:Ipon the sHeeessful
Bidder e)[eeuting the Centract ana previding the rettuirea Perf-ermlHlee Bena ana Pa-ymeat
Bena ana eviaeaee ef reC:Jl:lirea insHfBace within tell (1 Q) ealeadar days after netificatien ef
awar-d ofthe CeRtraet. f. PERSON.A.L CHECK OR A COMP,A.NY CHECK OF ,A. BIDDER
SHf.LL NOT BE DEEMED A V.A.L1D BID SECURITY. 8eemity eft-he sHeeessful Biader
shall be ferfeitea to the City efMiami Beaeh as liEJ:l:lidated damages, net as a peaalty, f{lr t-he
cost and expease iFu:1l:1ffea sheHla said Bidder fail to eKecate the Contract, previde the
relll:lirea PerfaffillHlee Bena, Payment Bead and Certifieate(s) efInSl:lrMee within tell (10)
calendar days after netifieatiea efthe award efthe Centraet, er faill:lre to eemply y:ith aR)'
other reEJ:tiiremeats set ferth herein. The time for e)[ecatien ofthe Ceatract aad provision of
the Perfermanee Bella, Pa)'meRt Bena Md Certifieate(s) efInSl:lfBnee may be e)[tefl:aed by
the City's Preel:lremeat Direeter fer geea eause shawn, Bid Seel:lrities ef the Hasl:lecessful
Bidders will be returned after !I'NaOO of Contract.
A Bid Guaranty is not required, however the successful Bidder executing the Contract
will be required to provide the Performance Bond and Payment Bond in the amount of
one-hundred percent (100%) of the contract amount, and evidence of required
insurance within fifteen (15) calendar days after notification of award ofthe Contract.
1.35 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
BID NO: 30-02/03
DATE: 06/04/03r
CITY OF MIAMI BEACH
9
1.36 CANCELLATION:
In the event any of the provisions ofthis bid are violated by the contractor, the Procurement
Director shall give written notice to the contractor stating the deficiencies and unless
deficiencies are corrected within ten (10) days, recommendation will be made to the City
Commission for immediate cancellation. The City Commission of Miami Beach, Florida
reserves the right to terminate any contract resulting from this invitation at any time and for
any reason, upon giving thirty (30) days prior written notice to the other party.
1.37 BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show purchase order numbers and shall be
submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department,
1700 Convention Center Drive, Miami Beach, Florida 33139.
1.38 (NOT USED)
1.39 (NOT USED)
1.40 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.
1.41 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 bidder's 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 BID PROTEST PROCEDURES:
Bidders that are not selected may protest any recommendation for Contract award in
accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes
procedures for resulting protested bids and proposed awards. Protest not timely pursuant
to the requirements of Ordinance No. 2002-3344 shall be barred.
1.45 (NOT USED)
1.46 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true
meaning of the specifications or other Bid documents or any part thereof, the Bidder must
submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior
to scheduled Bid opening, a request for clarification. All such requests for clarification must
be made in writing and the person submitting the request will be responsible for its timely
delivery.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
10
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
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
govern all other Contract Documents to the extent specified. Subsequent addendum shall
govern over prior addendum only to the extent specified. The Bidder shall be required to
acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid
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 verbally or in writing
by any other city representative.
1.47 DEMONSTRATION OF COMPETENCY:
I) Pre-award inspection of the Bidder's facility may be made prior to the award of contract.
Bids will only be considered from firms which are regularly engaged in the business of
providing the goods and/or services as described in this Bid. Bidders must be able to
demonstrate a good record of performance for a reasonable period of time, and have
sufficient financial support, equipment and organization to insure that they can satisfactorily
execute the services if awarded a contract under the terms and conditions herein stated. The
terms "equipment and organization" as used herein shall be construed to mean a fully
equipped and well established company in line with the best business practices in the
industry and as determined by the City of Miami Beach.
2) The City may consider any evidence available regarding the financial, technical and other
qualifications and abilities of a Bidder, including past performance (experience) with the
City in making the award in the best interest of the City.
3) The City may require Bidders to show proof that they have been designated as authorized
representatives of a manufacturer or supplier which is the actual source of supply. In these
instances, the City may also require material information from the source of supply
regarding the quality, packaging, and characteristics of the products to be supplies to the City
through the designated representative. Any conflicts between this material information
provided by the source of supply and the information contained in the Bidder's 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 Bidder's record of performance to insure that the
Bidder is continuing to provide sufficient financial support, equipment and organization as
prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts
awarded to it by the City, the City may place said contracts on probationary status and
implement termination procedures ifthe 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: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
11
1.48 DETERMINATION OF AWARD
The City Commission shall award the contract to the lowest and best bidder. In
determining the lowest and best bidder, in addition to price, there shall be considered the
following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified, without
delay or interference.
c. The character, integrity, reputation, judgement, experience and efficiency of
the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and ordinances
relating to the Contract.
1.49 ASSIGNMENT:
The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract,
including any or all of its right, title or interest therein, or his or its power to execute such
contract to any person, company or corporation without prior written consent of the City of
Miami Beach.
1.50 LAWS, PERMITS AND REGULATIONS:
The bidder shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code
requirements applicable to the work contemplated herein.
1.51 OPTIONAL CONTRACT USAGE:
As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase
from the resulting contract, provided the Department of Management Services, Division of
Procurement, has certified its use to be cost effective and in the best interest of the State.
Contractors have the option of selling these commodities or services certified by the Division
to the other State agencies at the agencies option.
1.52 SPOT MARKET PURCHASES:
It is the intent of the City to purchase the items specifically listed in this bid from the
awarded vendor. However, items that are to be ASpot Market Purchased= may be purchased
by other methods, Le. Federal, State or local contracts.
1.53 ELIMINATION FROM CONSIDERATION
This bid solicitation shall not be awarded to any person or firm which is in arrears to the City
upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any
obligation to the City.
1.54 WAIVER OF INFORMALITIES
The City reserves the right to waive any informalities or irregularities in this bid solicitation.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
12
1.55 ESTIMATED QUANTITIES
Estimated quantities or estimated dollars, if provided, are for City guidance only. No
guarantee is expressed or implied as to quantities or dollars that will be used during the
contract period. The City is not obligated to place any order for a given amount subsequent
to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or
usage during a previous contract period. The City for purposes of determining the low bidder
meeting specifications may use said estimates.
1.56 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 preparation 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
contract 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 of priority of the documents shall
be as follows:
. Any agreement resulting from the award of this Bid (if applicable); then
. Addenda released for this Bid, with the latest Addendum taking precedence; then
. The Bid; then
. Awardee's Bid.
1.58 REASONABLE ACCOMMODATION
In accordance with the Title II ofthe Americans with Disabilities Act, any person requiring
an accommodation at the RFP opening because of a 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 of the 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
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 NO: 30-02103
DATE: 06/04/03
CITY OF MIAMI BEACH
13
1.61 BID CLARIFICATION:
Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing
by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami
Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all
correspondence. All questions must be received no later than ten (10) calendar days prior to
the scheduled bid opening date.
All responses to questions/clarifications will be sent to all prospective bidders in the form of
an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID
DEADLINE.
1.62 TIE BIDS:
Please be advised that in accordance with Florida Statues Section 287.087, regarding
identical tie bids, preference will be given to vendors certifying that they have implemented
a drug free work place program. A certification form will be required at that time.
1.63 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
CA TEGOR Y TWO for a period of36 months from the date of being placed on the convicted
vendor list.
1.64 DETERMINATION OF RESPONSIVENESS:
Determination of responsiveness taken place at the time of bid opening and evaluation. In
order to be deemed a responsive bidder, your bid must conform in all material respects to the
requirements stated in their Bid.
1.65 DELIVERY TIME:
Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar
days) for each item. It must be a firm delivery time, no ranges will be accepted, Le.; 12-14
days.
1.66 CONE OF SILENCE
This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No.
2002-3378. A copy of all written communication( s) regarding this bid must be filed with the
city clerk.
BID NO: 30-02103
DA TE: 06/04/03
CITY OF MIAMI BEACH
14
1.67 INSURANCE AND INDEMNIFICATION:
(See Check List for applicability to this contract)
The contractor shall be responsible for his work and every part thereof, and for all materials,
tools, appliances and property of every description, used in connection with this particular
project. He shall specifically and distinctly assume, and does so assume, all risks of damage
or injury to property or persons used or employed on or in connection with the work and of
all damage or injury to any person or property wherever located, resulting from any action or
operation under the contract or in connection with the work. It is understood and agreed that
at all times the contractor is acting as an independent contractor.
The contractor, at all times during the full duration of work under this contract, including
extra work in connection with this project shall meet the following requirements:
Maintain 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 from
any action or operation under the contract or in connection with the work. This policy is to
provide coverage for premises/operations, independent contractor, broad form property
damage, products/completed operations and contractual liability.
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 ofInsurance, 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.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
IS
It is understood and agreed that all policies of insurance provided by the contractor are
primary coverage to any insurance or self-insurance the City of Miami Beach possesses that
may apply to a loss resulting from the work performed in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure. No deductibles will be allowed in any policies issued on
this contract unless specific safeguards have been established to assure an adequate fund for
payment of deductibles by the insured and approved by the City's Risk Manager.
The liability insurance coverage shall extend to and include the following contractual
indemnity and hold harmless agreement:
"The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a
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 acts of omission or
commission of any by the contractor, his agents, servants, or employees, or through the mere
existence of the project under contract".
The foregoing indemnity agreement shall apply to any and all claims and suits other than
claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach,
its officers, agents, and employees, as determined by a court of competent jurisdiction.
The contractor will notify his insurance agent without delay of the existence of the Hold
Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless
Agreement to the insurance agent and carrier.
The contractor will obtain and maintain contractual liability insurance in adequate limits for
the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement
from any and all claims arising out of this contractual operation.
The contractor will secure and maintain policies of subcontractors. All policies shall be
made available to the City upon demand. Compliance by the contractor and all
subcontractors with the foregoing requirements as to carrying insurance and furnishing
copies ofthe insurance policies shall not relieve the contractor and all subcontractors oftheir
liabilities and obligations under any Section or Provisions ofthis contract. Contractor shall
be as fully responsible to the City for the acts and omissions of the subcontractor and of
persons employed by them as he is for acts and omissions of persons directly employed by
him.
Insurance coverage required in these specifications shall be in force throughout the contract
term. Should any awardee fail to provide acceptable evidence of current insurance within
seven days of receipt of written notice at any time during the contract term, the City shall
have the right to consider the contract breached and justifying the termination thereof.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
16
Ifbidder does not meet the insurance requirements ofthe specifications; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered.
It is understood and agreed that the inclusion of more than one insured under these policies
shall not restrict the coverage provided by these policies for one insured hereunder with
respect to a liability claim or suit by another insured hereunder or an employee of such other
insured and that with respect to claims against any insured hereunder, other insureds
hereunder shall be considered members of the public; but the provisions of this Cross
Liability clause shall apply only with respect to liability arising out of the ownership,
maintenance, use, occupancy or repair of such portions of the premises insured hereunder as
are not reserved for the exclusive use of occupancy of the insured against whom claim is
made or suit is filed.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
17
XXX I.
XXX 2.
XXX 3.
XXX 5.
XXX 7.
XXX 8.
XXX 9.
INSURANCE CHECK LIST
Workers' Compensation and Employer's Liability per the Statutory limits ofthe state of
Florida.
Comprehensive General Liability (occurrence form), limits ofliability $ 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).
Automobile Liability - $1,000,000 each occurrence - ownedlnon-ownedlhired
automobiles included.
4.
Excess Liability - $
.00 per occurrence to follow the primary coverages.
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
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
.00
.00
.00
.00
.00
.00
Thirty (30) days written cancellation notice required.
Best's guide rating B+:VI or better, latest edition.
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 required within five (5) days a r bid opening.
~1H~ F.lPVab::r S:!rVi.ce. lh::.
Bidder
Signature of Bidder
BID NO: 30-02103
DATE: 06/04/03
CITY OF MIAMI BEACH
18
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING
BID # 30-02/03
2.0 SPECIAL CONDITIONS
2.1 PURPOSE:
The purpose of this bid is to establish a contract, by means of sealed bids to a qualified
contractor for the Renovation of two (2) electric passenger elevators at the City Hall Annex
Building, located at 777 17th Street, one (1) elevator serving four (4) landings and one (1)
elevator serving five (5) landings, in accordance with these specifications.
2.2 TERM OF CONTRACT: N/A
2.3 METHOD OF AWARD:
Award of this contract will be made to the lowest responsive, responsible bidder whose bid
will be the most advantageous to the City of Miami Beach. Alternate bids will be selected at
the sole discretion of the City of Miami Beach.
2.4 (NOT USED)
2.5 ADDlTIONSIDELETIONS OF FACILITIES: N/A
2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: N/A
2.7 PRE-BID CONFERENCE/SITE INSPECTION:
A Pre-Bid Conference / Site Visit will be held at 10:00 A.M. on June 12, 2003 at the City of
Miami Beach City Hall, 1st Floor Lobby area, located at 1700 Convention Center Drive,
Miami Beach, FL 33139.
2.8 (NOT USED)
2.9 VENDOR APPLICATION
The City of Miami Beach has contracted with BidNet and has begun utilizing a new central
bid notification system created exclusively for state and local agencies located in South
Florida. Created in conjunction with BidNet, this new South Florida Purchasing system has
replaced the DemandStar system and allow vendors to register online and receive
notification of new bids, amendments and awards. Vendors with Internet access should
review the registration options at the following website:
www.govbids.com/scriots/southflorida/oublic/homel.aso. If you do not have Internet
access, please call the BidNet(r) support group at 800-677-1997 extension # 214.
2.10 CONTACT PERSON:
The contact person for this Invitation to Bid is Marta Fernandez. The contact person may be
reached by phone: 305.673.7490; fax: 305.673.7851; or e-mail:martafernandezrubio
@miamibeachfl.gov. Communications between a proposer, bidder, lobbyist or consultant
and Procurement Staffis limited to matters of process or procedure. Requests for additional
information or clarifications must be made in writing to the contact person, with a copy to
the City Clerk, no later than ten (10) calendar days prior to the scheduled Bid opening date.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
19
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders
should not rely on representations, statements, or explanations other than those made in this
Bid or in any written addendum to this Bid. Bidders should verify with the Procurement
Division prior to submitting a proposal that all addenda have been received.
YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.66,
ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND
PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS.
2.11 SAMPLES: N/A
2.12 COMPLETION OF PROJECT:
A Notice to Proceed will be issued for this contract to commence with work. This project
shall be substantially completed within ninety (90) days from the issuance ofthe Notice to
proceed, and completed and ready for final payment within thirty (30) days from the date
certified by the Project Manager as the date of Substantial Completion.
2.13 LIQUIDATED DAMAGES:
The Bidder agrees to pay the Owner liquidated damages in the amount of$50 per calendar
day beyond the substantial completion date, unless exempted by the Property Management
Division. Documentation showing the nature ofthe delay beyond the control of the elevator
contractor shall be cause for exemption from liquidated damages.
2.14 PERCENTAGE ABOVE VENDOR COST:
Bids for parts and supplies shall be submitted at VENDOR'S 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.
2.15 ESTIMATED QUANTITIES: N/A
2.16 HOURLY RATE:
The hourly rate quoted shall include full compensation for labor, equipment use, travel time,
and any other cost to the bidder. Hourly labor rates are specified as follows:
Hourly Labor Rate I - hourly rate for straight time repairs, i.e. from 8:00 a.m. to 5:00 p.m.
Monday - Friday (rate is to include labor and travel, parts are not included).
Hourly Labor Rate II - hourly rate for overtime repairs, i.e. before 8:00 a.m. or after 5:00
p.m., or on weekends or holidays. (rate to include labor and travel, parts not included.)
2.17 WARRANTY:
The successful bidder will be required to warranty all work performed and equipment
supplied for a minimum of one year. Warranty shall be described in detail on the attached Bid
Form.
2.18 PRODUCT/CATALOG INFORMATION:
All bidders shall submit upon request information on the unites) they propose to furnish on
this bid. Failure to submit such information will result in rejection of your bid.
BID NO: 30-02/03
DA TE: 06/04/03
CITY OF MIAMI BEACH
20
2.19 REFERENCES (PROVIDE 8 REFERENCES, IN THE CUSTOMER REFERENCE
FORM ON PAGE 32)
Each bid must be accompanied by a minimum of eight (8) references, of which four (4)
separate projects must have been for $50,000 or Higher. Reference 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:
These specifications describe the various items or classes of work required, enumerating or
defining the extent of same necessary, but failure to list any items or classes under scope of
the several sections shall not relieve the contractor from furnishing, installing or performing
such work where required by any part ofthese specifications, ornecessary to the satisfactory
completion of the project.
2.21 FACILITY LOCATION:
777 17TH Street, Miami Beach, Florida 33139
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 elevator renovation services as specified
under the Minimum Requirements on Page 2 of this Bid Documents. The evidence will
consist of listing of work that has been provided to public and private sector clients, ei.
nature of WORK within the last three (5) years.
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 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.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
21
2.26 MAINTENANCE AGREEMENT:
Bidder shall quote on the appropriate space on the Bid Form, a per year cost for full
service/parts maintenance agreement to commence at the end of the warranty period. This
agreement will be accepted at the sole discretion of the City of Miami Beach. Maintenance
price shall include all parts/labor (including travel time) for the entire systems installed
under this bid. Bidder shall also state response time from time of call. This agreement shall
be for a minimum of five (5) years, on a year to year basis, and may be extended upon
mutual agreement of both parties.
The Bidder shall quote an hourly labor rate for repairs (in accordance with Section 2.16 of
the Special Conditions) in the appropriate space on the Bid Form, in the event the City of
Miami Beach elects not to choose the maintenance agreement.
2.27 EQUAL PRODUCT:
Manufacturer's name, brand name and model number are used in these specifications for the
purpose of establishing minimum requirement oflevel of quality, standards of performance
and design required and is in no way intended to prohibit the bidding of other manufacturer's
items of equal material, unless otherwise indicated. Equal (substitution) may be bid,
provided product so bid is found to be equal in quality, standards of performance, design,
etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be
accompanied by complete factory information sheets (specifications, brochures, etc.)
and test results of unit bid as equal.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
22
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING
BID # 30-02/03
3.0 MINIMUM SPECIFICA nONS
SCOPE OF WORK
The work specified in this bid consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, and all services necessary for the Renovation of two
(2) electric passenger elevators at the City Hall Annex Building, located at 777 I ih Street, one (I)
elevator serving four (4) landings and one (I) elevator serving five (5) landings, in accordance with
these specifications. This Invitation to Bid consists of a Base Bid and an Alternate Bid, as specified
below.
Bidders shall provide an Alternate bid amount for the Renovation ofthe two (2) elevators to include
the replacement of a new motor/machine combination in lieu of the replacement of the motor only
(See paragraph 3 of the specifications).
Alternate Bid will be selected in lieu of the Base Bid at the sole discretion of the City of Miami
Beach.
Existing Elevators: Westinghouse traction passenger elevator, 2,500 Ibs. capacity, 300 FPM.
BASE BID SPECIFICATIONS
The work for the total renovation of the two (2) electric passenger elevators located at the City Hall
Annex Building will include, but not be limited to, the following:
FURNISH AND INSTALL NEW:
I. Microprocessor based control system, Model PTC-AC SERIES M as manufactured by
Motion Control Engineering, or approved equal, consisting of the following:
A. NON-PROPRIETARY software
B. AC two car operation
C. Fire Service Phase I & Phase II
D. Door interface for G.A.L. operator
E. Infra-red safety edge circuit
F. Door Nudging
G. Independent Service operation
H. Digital position indicator interface board
I. Absolute floor encoding
J. Emergency power sequencing
K. Hall Lanterns interface boards
2. New landing system, Model LS-QUTE as manufactured by Motion Control Engineering,
or approved equal, consisting of the following:
A. High speed stepping signals
B. Floor encoding signals
C. Precise leveling and door zone signals
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
23
D. Designed to provide precise knowledge of the absolute position of the car in the
hoistway.
3. New AC Hoist Motors specifically designed for traction elevator use.
4. New terminal floor stopping devices to automatically slow down and stop the car at the
terminal landings and to automatically cut offthe power and apply the brake should the
car travel beyond the terminal landing
5. New wiring throughout the elevator system consisting of the following:
A. New hoistway home run wire
B. New traveling cables suitably suspended to relieve strain on individual conductors
C. SF-2 wire in all interlocks
D. Properly sized copper conductors to the hoist motor and isolation transformer
E. Existing conduit and duct will be re-used where conditions permit
6. Independent Service Operation shall be provided in such a way that actuation of a key
switch in the car operating panel will cancel any existing car calls, and hold the doors
open at the landing. The car will then respond only to car calls. Car and hoistway doors
will only close with constant pressure on a car call push button or the door close button.
While on Independent Service, hall arrival lanterns or jamb mounted arrival lanterns
shall be inoperative
7. Fire Service operation shall be provided in compliance with the latest revision of the
ANSI A 17.1 Safety Code for Elevators and Escalators
Fire Service Phase I to return the elevator(s) non-stop to a designated floor shall be
initiated by an elevator smoke detector system or a key switch mounted in the lobby
fixture
A key switch in the car shall be provided for in-car control of each elevator when on
Phase II of Fire Service. If an elevator is on independent service when the elevators are
recalled on Phase I operation, a buzzer shall sound in the car and the indicator light shall
be illuminated
8. The elevator(s) shall be provided with automatic self-leveling that shall bring the
elevator car level with the floor landings, no more than +/- y," regardless of load or
direction of travel. The automatic self-leveling shall correct for overtravel or undertravel
9. New, closed loop, door operator shall be installed. Doors on the car and at the hoistway
entrances shall be power operated by means ofa quality operator mounted on top of the
car. The motor shall be a variable voltage variable frequency design to have positive
control over door movement for smooth operation and precise control of door opening
and closing cycles compensating for variations in door weight, external temperatures,
windage or friction in system components. A door opening restrictor device to prevent
the doors from opening beyond the zone required by code shall be provided for each
elevator
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
24
10. New hoistway door rollers, electrical interlocks and pick-up assemblies shall be provided
at each opening.
11. New car operating panels as manufactured by PTL Equipment Mfg. , or approved equal,
shall be installed in each elevator consisting of the following:
A. Brushed stainless steel finish
B. Box & cover with heavy duty hinges
C. Engraved capacity
D. Engraved No Smoking
E. Engraved Fire Service instructions
F. Engraved Elevator Number
G. Built-in DIGITAL position indicator
H. Built-in ADA approved telephone
I. Built-in emergency light
J. Fire Service (key switch, call cancel pushbutton, light & audible signal)
K. Light/Fan key switch
L. Independent Service key switch
M. Keyed emergency stop switch
N. Door open, door close & alarm push button
O. Braille & handicap markings
P. Illuminating call push buttons
Q. Passing floor signal through digital position indicator
R. Nudging buzzer
S. Recover front wall of each cab with brushed stainless steel
12. New hall push button stations shall be installed on each landing consisting of the
following:
A. Brushed stainless steel finish
B. Single push button at the top terminal floor & lobby floor
C. Dual push buttons at the intermediate floors
D. Single push button, Fire Service Key Switch & Light at the Lobby Landing
E. Each new station to have "In Case of Fire Do Not Use Elevator" etched in the
faceplate
F. New combination hall lantern and DIGITAL position indicator shall be mounted
over each entrance at the main floor of egress
13. New direction lanterns shall be installed on each floor, visible from the corridor, which
when the car stops and the doors are opening, shall indicate the direction in which the car
is traveling. A chime shall also be furnish on each car that will sound once for the UP
direction and twice for the DOWN direction
14. New spring loaded, adjustable roller guides shall be installed on each car and
counterweight designed to provide smooth operation and to improve ride quality
15. New cab doors shall be installed on each elevator finished in brushed stainless steel. The
new doors are to be engineered to receive the new power door operating equipment
BI)) NO: 30-02103
DATE: 06/04/03
CITY OF MIAMI BEACH
2S
16. New solid state door reopening device shall be installed on the car door to provide
proper door protection
17. New hoist ropes and wedge clamps shall be installed on each elevator. The new hoist
ropes are to specifically designed for use on traction elevators.
18. New governors, tension weights and ropes shall be installed on each car.
19. Each elevator entrance shall be furnished with ADA approved jamb braille tags (Total of
2 tags per opening)
20. New car top inspection stations shall be mounted on top of each elevator and contain
features as required by code.
21. Floor numbers to meet code shall be painted to the hoistway side of each new hoistway
door.
22. Thoroughly clean and paint all exposed metal with a rust inhibiting paint.
23. The existing safeties shall be retained. A thorough examination of the safeties shall be
performed. The safeties shall be dissembled and cleaned.
24. The existing buffers are to be retained and cleaned.
ENGINEERING DESIGN
All new equipment furnished will be specifically designed to operate with original elevator
equipment being retained thus assuring maximum performance and eliminating any divided
responsibility .
PERMITS AND INSPECTIONS
The successful bidding contractor shall furnish all licenses and elevator permits and shall
arrange for and make all inspections and tests required thereby.
EXISTING MATERIAL
All material removed or unused, not required in the modification, will become the property
of the successful bidder and shall be removed and disposed of by the bidder at no additional
cost to the City.
MISCELLANEOUS
Lead-time for the delivery of the new material and installation shall be provided in the
proposal form.
Only one elevator will be out of service at anyone time for the safety and convenience of the
building tenants.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
26
ADD ALTERNATE BID SPECIFICATIONS
ALTERNATE!
Furnish and install new elevator Machine (in addition to the Motor as specified in paragraph 3 of the
Base Bid Specifications) specifically designed for traction elevator use.
In submitting the price for the Machine, deduct the cost included in your base bid for the
refurbishment of the existing machine, if any.
ALTERNATE 2
Furnish and install a complete new opening on the fifth floor allowing the West Elevator access to
that level. The installation must include all necessary sill supports, sill, door frame to match existing
door frame on 5th floor. Supply and install new door hangers, tracks and all necessary equipment in
the elevator hoistway to allow the elevator to stop at the fifth floor. The installation must be
complete of hall station, braille plates and any other items necessary to meet the requirements of
ASME AI7.1. Cutting and patching of the opening and hall station will be by others.
In submitting the price for this work, deduct the amount included in your base bid for the
separate hall station supplied for Slh floor access by East Elevator. These hall stations will no
longer be required if the fifth floor opening is selected.
Bidders must bid on both Alternate I and Alternate 2 or their bid may be considered non-responsive.
At a minimum, the Base Bid will be recommended for Award. The City reserves the right to select
Alternate I only, Alternate 2 only, or both Alternates, in addition to the Base Bid, at the sole
discretion of the City.
BID NO: 30-02103
DA TE: 06/04/03
CITY OF MIAMI BEACH
27
AMENDED
7/10/03
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING
BID # 30-02/03
WORK BY OTHERS
Machine Room:
I. A lockable fused disconnect with RK5 fuses for each main elevator power supply
2. Properly grounded and bonded separate ground wire from main electrical panel to each
disconnect
3. A lockable fused disconnect for each cab lights and ventilation
4. Protected garage-type lighting and convenience outlets (GFI).
5. Air conditioning with thermostat control to maintain room temperature between 55 and
90 F., and relative humidity not to exceed 85%. Do not install above any elevator
equipment
6. Fire extinguisher A.B.C.
7. Maintain required fire rating of machine room walls and ceiling. Seal any penetrations
accordingly
8. When sprinklers are provided, install heat detector for each sprinkler and shunt trip
located in main electrical room
9. Smoke Detector(s) monitored by an approved Fire Alarm Control Panel with minimum 3-
zone control
10. Fire-rated, UL-B label door, self closing, self locking with threshold
Hoistwav:
I. Beveled guards are required for projections, recesses and setbacks that project more than
2in. inside the general line of the hoistway
2. Recesses, supports, fireproofing and patching, as required, to accommodate any hall
button boxes, signal fixtures, hoistway entrance frame and any penetrations into the
elevator hoistway.
3. Convenience outlets GFI protected and minimum 2 light water tight fixtures in each pit
with switch located adjacent to the access door.
4. Vertical non combustible ladder for each elevator extending 42 in. above the sill of the
access door.
5. Dry pit, pit sump pump with wiring and piping if necessary.
6. The interface of the elevator hoistway front wall with the entrance assembly shall be in
compliance with the elevator supplier's requirements
7. When sprinklers are provided ( except in the pit) install heat detector for each sprinkler
and shunt trip.
8. Smoke detectors, top and bottom of each hoistway, monitored by an approved Fire Alarm
Control Panel with minimum 3-zone control
9. Proper venting to the outside with min. 3 sq ft of net venting area for each elevator
BID NO: 30-02103
DATE: 06/04/03
CITY OF MIAMI BEACH
27-1
ADDED
71101103
ELEV A TOR RENOV A nON AT CITY HALL ANNEX BUILDING
BID # 30-02/03
Work by others (contd.)
General Reauirements
1. Smoke detectors at each elevator lobby, monitored by an approved Fire Alarm Control
Panel with minimum 3-zone control.
2. Fire signs at each elevator lobby
3. Lockbox at the designated level.
4. Smoke detectors in elevator lobbies, hoistways, machine room(s) including wiring to the
terminals of the elevators controller for firefighters' service.
5. Standby emergency power operation of elevators when provided
6. Dedicated telephone line for each elevator provided at the elevator machine room to each
controller.
BID NO: 30-02/03
DA TE: 06/04/03
CITY OF MIAMI BEACH
27-11
ADDED
711 0//03
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING
BID # 30-02/03
MAINTENANCE SERVICE - SCOPE OF WORK
Successful Bidder shall:
I. Maintain the elevator equipment herein described using skilled elevator maintenance
employees under his supervision. He will employ all reasonable care to see that the
elevator equipment is maintained in proper operating condition.
2. Regularly and systematically examine each unit of elevator and/or escalator equipment,
its component parts and operation in accordance with minimum maintenance pre-
approved checklist; and, as conditions warrant, adjust, lubricate, clean, repair or replace
such parts and mechanisms as necessary to render full maintenance care and keep the
elevator and/or escalator equipment in proper and safe operating condition. Extra care
shall be taken to look for any cracked, defective, or worn parts and replace same.
3. The Contractor shall maintain all elevators and/or escalators under this contract in first-
class operating condition to comply with all requirements of the current American
Standard Safety Code Manual, A 17.2, and all other applicable laws, regulations,
ordinances, codes, etc. The ANSI! AS ME Standards and Inspector's manual shall be used
as a guide to establish that equipment is operating safely.
4. The Contractor shall maintain the original efficiency, safety and rated speeds of the units
including full running speed, acceleration, deceleration, landing and leveling and floor-
to-floor time including door opening and closing time where power door operation
exists, all per manufacturers specifications and/or by code requirements. Additionally the
Contractor shall maintain vibration and noise levels within acceptable industry standards
for each piece of equipment.
5. To prevent build-up oflint and dirt, periodically (at least twice per year): brush lint and
dirt from the guide rails, overhead beams and sheaves, counterweight frames, car tops,
bottom of platforms, pit equipment, machine-room floor and hoistway door hangers and
tracks; on escalators and moving walks.
6. Renew wire ropes as often as deemed necessary to maintain an adequate factor of safety.
Periodically the Contractor shall equalize the tension of all hoist ropes, and lubricate in
accordance with wire rope manufacturers recommendations.
7. Rust or rouge will not be tolerated for wire ropes on this equipment. If noted on any
inspection, the Contractor shall remedy the condition permanently within fourteen (14)
days from written notice. Wire ropes must be replaced prior to wear below minimums
required by ANSI A 17.1 A I 7.2.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
27-111
ADDED
7/101103
8. Periodically examine all safety devices and governors and make annual safety tests; also
make inspections and safety tests as required by the current American Standard Safety
Code for Elevators, Dumbwaiters and Escalators. to include five (5) year full load and
full speed tests.
NOTE: The contractor shall notify the Contract Administrator 48 hours in advance of
regularly scheduled safety tests, including pressure tests and full load tests, of the time
and place of the test.
9. Conduct monthly tests of elevator portion of emergency power operation and maintain
log of all tests and the results.
10. Hvdraulic Elevators, the contractor shall furnish all labor, materials and equipment
necessary to keep the hydraulic pumping equipment in top working order including but
not limited to inspection of the system noting controller operation adjustment, repair or
replacement of electrical circuitry, oil levels, hydraulic lines, pump operating frequency,
pit cylinder condition, keeping the pit and all drip pans free of oil accumulation, dirt and
debris.
Traction Elevators: Elevator machine, motor generator, and control parts including
mechanical parts, gears, worms, bearings, thrust bearings, brake, brake lining, magnetic
frames, coils, and resistors for motor and operating circuits.
II. Signal Light Bulbs shall be replaced during regular service visits.
12. The following accessory equipment will be examined, lubricated, adjusted, repaired
and/or replaced by contractor:
Door Operator, Car Door Hangers, Car Door Contacts and Door Protective Devices.
Emergency Car Lighting, Fans, and Blowers.
13. The following items are not included in this contract:
Refinishing, repairing or replacement of car enclosure, its gate and/or doors, hoistway
enclosure, hoistway doors, door frames and sills, hoistway gates, finished flooring,
power feeders, switches, their wiring and fusing, hydraulic cylinder, and underground
piping.
14. Should an elevator be out of service for more than 72 hours for any reason except while
scheduled repairs are being performed, the City reserves the right to deduct the daily cost
of maintenance from the monthly billing until elevator is put back in service.
NUMBER OF MAN HOURS TO BE FURNISHED
The successful bidder shall be required to provide the necessary man hours per month for
routine cleaning, inspection and adjusting service. In addition, the successful bidder shall
provide the necessary man hours for tuning and adjusting of control systems and other
maintenance such as hatch cleaning, safety tests, governor tests, etc., to insure the equipment
is in good operating condition at all times. This includes man hours consumed in emergency
call backs either during regular working hours or after regular working hours, and includes
hours used for maior maintenance reoairs.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
27-IV
ADDED
7/10/103
EMERGENCY CALL BACK SERVICE
The successful bidder shaH be required to provide emergency call back service as required
by these specifications within two hours from receipt of notification of each such
requirement from the designated authority or his representative.
PERFORMANCE REQUIREMENTS
It is the intent of this contract that equipment be maintained so as to preserve the operation
characteristics in line with the original design. Should the City's designated authority find
through his own investigation or that of his representative that these standards are not being
maintained, the contractor shall be given 14 calendar days notice to restore the performance
(Cure Notice) to the required level. Failure by the contractor to restore the performance to
the required level within the 14 calendar days period shall constitute sufficient cause for
termination of the contract by reason of default.
DEFAULT
The designated authority may, by written notice of default to the contractor, terminate the
whole or any part of this contract if the contractor fails to perform the service within the time
specified in the manner required herein or if the contractor does not cure such failure within
a period of 14 calendar days after receipt of notice from the designated authority specifying
such failure.
In the event the designated authority terminates this contract in whole or part as provided
herein, he may procure in such manner as seems appropriate supplies or services similar to
those so terminated and the contractor shall be liable for any excess cost for such similar
supplies or services. However, the contractor shaH continue the performance of this contract
to the extent not terminated under the provisions of this clause.
ADDITIONAL PROVISIONS
I. Service call schedule shall be at least monthly for the contract term unless otherwise
directed.
2. Contractor is not required under this contract to make renewals or repairs necessitated by
reason of negligence, accident, or misuse of machinery, apparatus or car, or due to any
other similar or dissimilar causes beyond its control. Contractor shall not be required to
make additional safety tests, nor be required to install new attachments on the elevator
which may be recommended or directed by Insurance Companies, or Government, State,
Municipal, or other authorities.
3. The successful bidder must provide and maintain a service record for work to be
performed as part of this maintenance agreement, satisfactory to the Property
Management Division. See attached sample Maintenance Service Record for bidder's
reference.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
27-V
ADDED
7/101103
ELEVATOR COMPANY
MASTER MAINTENANCE SERVICE RECORD
CONT,,"'CT NO.
C...L.L....CKII INCL.UDE, REG TIME 0 OVERTIME 0
A5$\GNED TO ROUTE. NO
CONYRACT NAME.__...___.___
aUIL.DING EL.EV..TOR NO_......_-
E~EV"'lO" SE"I"'~ NO._
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..........
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TO THE MAINTENANCE TECHNICIAN
THIS SERVICE RECORD IS DESIGNED AS
A TOOL TO HELP YOU MAINTAIN THIS
EQUIPMENT AT PEAK OPERATING
EFFICIENCY, PROVIDING DEPENDABLE.
TROUBLE FREE SERVICE.
ON EVERY VISIT
. RIDE. CAR
. OIlSE""E OPE..... tlO~
. ADJUST" NUOEO
. CONTACT M.....,AQlA Ollt BUILDING ENGINEE." AT
LOCATION OF 110 VOLT BREAKER:
I 11IICH"'NIC WIU, INI"IAL .I"VICI: "ICC'.O A"C. be .....'N...,.OH. 1
-,;
._. _. --
_ ~REVENrJVE MAINTENANCE LOG
CHECK
I'OINTS
VOLT"'G.
CHECK
CONT"CTS
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BID NO: 30-02103
DATE: 06/04/03
CITY OF MIAMI BEACH
27- VI
...PIt.
",..y
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ADDED
71101103
REPAIR-TEST 81 CAL.L.BACK L.OG
DATil % DE.C"I~TION 0' WORK DONE MECH.
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BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
27- VII
ADDED
71101103
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BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
27-IX
ADDED
7/101/03
ELEVATOR RENOVATION AT CI1Y HALL ANNE:': BUILDING
BID # 30-02/03
PR.OPOSAL FORM
Page 1 of3
COMPANY NAME: E}a:uti\e El.a1atrr S2rVire, lh::.
Our proposal includes the total cost for supplying all labor, materials, ;iOls, equipment, means of
transportation, and all services necessary for the complete Reuovati('L of the two (2) Elevators
located at the City Hall Annex Building, in accordance with these Sr.;dfications. The cost of the
Maintenance Agreement fOf the fu$t year is included in our Base Bid: amp Sum Amount.
BASE BID - LUMP SUM AMOUNT:
$148,T75.'!J
em H.rrlra:l Rrly--ei9'1t 'ttI:uxn:i S:M:n H.rrlra:l S:Mrl:y-fi\e ro/arts
Written Amount
ADD ALTERNATE 1-
(Furnish and install new elevator machine)
(See page 27 Amended)
$ 16,~:lXl
~xt-~ 'ItCJF:i=R'rl roIarts
Written Amount
ADD ALTERNATE 2 - 53, 100.~..
(Furnish and install a complete new opening on the fifth
floor allowing the West Elevator access to that level)
(See page 27 Amended)
'Il1reE 'fu:u:arl em H.nhrl ro/arts
Written Amount
Delivery of Materiab 119
days ARO
InstaUat:c .112
days
WarraDty: em (1)
Yea" (SectioD 2.17)
NOTE:
ADD ALTERNATE BIDS Wu.L BE SELECTED AT THE SOLIi DISCRETION OF THE
CITY OF.MIAMI BEACH
Bm NO; 3H2It3
DATE: Q61041Q3
CITY OF MIAMI BEACH
Z8
AM~ED
11l0lG3
ELEVATOR RENOVATION AT CITY HALL ANNE.:'. BUILDING
BID # 30.02103
PROPOSAL FORM
Page 2 of3
COMPANY NAME:F}a:uti'.e Elevat:cr~, lil::.
MAINTENANCE AGREEMENT (Section 2.26}
We propose to supply a Maintenance Agreement in accordance wi~b these specifications. This
MaiDteDance Agrecment SlWl commence at the end of the wanantyperi<: dand l.yearmaintenance
agreement.
MAINTENANCE AGREEMENT: S 700.00 I Mon6 :: 12 = $8,400.00 /Year
Years 2 through S (FinD Fixed Price)
HOURLY LABOR RATES (Section 2.16)
In the event the City of Miami Beach elects Dot to choose the maiL'~D8Dce agreement, and/or
additional work is required, not identified in the Bid Specifications, w" II :-opose to provide the work
at the .following rates.
HOURLY LABOR RATE D:
s~.oo.oo
S~.oo
!Hour
HOURLY LABOR RATE I:
!Hour
PARTS AND SUPPLIES (Section 2.14)
Should pans and supplies be required in coonectioDwith wotk not Spll' fied in the bid documents,
we propose to furnish at the following rate:
PROVIDE PARTS AND SUPPLIES REQUIRED AT VENDO :tS: ~
/
BID NO: 3O-OZl03
DATE:1W4I03
CITY OF MIAMI BEACH
29
AMENDED
7110103
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING
BID # 30-02/03
PROPOSAL FORM
Page 3 of3
PAYMENT TERMS: NET 30. If other, specify here 1:H: BJ1'1(M CF ErG:
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE
CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE.
SUBMITTED BY: Fb:i"k T. Wi.lliaIs, Jr.
COMPANY NAME: E}a:uti\e Eieva.tI:r S3:Vi..cE, In::.
SIGNED: ~ -......J -
(I certify that I am authorized to execute this proposal and
commit the bidding firm)
Bidders must acknowledge receipt of addendum (if applicable).
Addendum No. I, Dated ..Ji.re 9, 2003
Addendum No.2, Dated ..Ji.re 17, 2003
Addendum No.3, Dated ..Ji.re 23, 2003
Addendum No.4, Dated .July 2, 2003
Addendum No.5, Dated .July 10, 2003
NAMEffITLE(Print): Frcrk T. Wi.lJ..iars, DiLe:.tcr of ~
ADDRESS: 8107 N. W. 33rd SI::tl:et
CITY 1ST A TE: Miani, F.la::id:I
ZIP:33122
TELEPHONE NO: (n>) 592~111
FACSIMILE NO: (n>) 599-1195
E-MAIL: ~l'EI'
BID NO: 30-02103
DATE: 06/04/03
~ dE qx:n d:ili.\erY of e:p:iplEnt to site.
:;m dE qx:n s.:tstanI:::i.a of car #1
CITY OF MIAMI BEACH
30
:;m dE s.i:Eta:t::ial a:nplet:im of car #2
10% dE ~ 30, after F.iml ~ em
a::qjcan:E l:ti City of M:iani BB:h
ELEVATOR RENOV AnON AT CITY HALL ANNEX BUILDING
BID # 30-02/03
BID CHECK LIST
To ensure that your bid is submitted in conformance with the Contract Documents, please verify that
the following items have been completed and submitted as required.
X Original and one copy of bid (including all submittal information)
General Conditions Section 1.1
Special Conditions Section 2.25
X Execution of Bid
General Conditions Section 1.2
X Equivalents/Equal Product
General Conditions Section 1.1 0
Special Conditions Section 2.27
Insurance and Indemnification (including Insurance Checklist)
X General Conditions Section 1.67
Bid Guaranty/Performance Bond
X General Conditions Section 1.34
X Warranty
Special Conditions Section 2.17
X Product/Catalog Information
Special Conditions Section 2.18
X References
Special Conditions Section 2.19 / Page 32
X Bidder Qualifications
Special Conditions Section 2.22
X Exceptions to Specifications
Special Conditions Section 2.24
Contractor's Questionnaire
X (Page 34)
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
31
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING
BID # 30-02/03
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 furnished,
elevator renovation services. (See "Minimum Requirements, page 2, and Section 2.22, Bidder
Qualifications)
1)
Company Name
633 B:u.l1e::s TIID.
633 m 167 strEet SIite 3>1 N. Miani B:B:h, F.l.33162
Address
Contact Person/Contract Amount M:". Gl:<rly M3rt.in, $210,00).00
Telephone No(305) 651-6069
Fax NJ(305) 651-6907
2)
Company Name
~ Cl1:b N:rlh O::n:brdniun ~
Address
5005 <hl.l:im A\e'1.e, Miani B:B:h, FL. 33140
Contact Person/Contract Amount Mt'. D:lni.el Cbllct, $385,00).00
Telephone No{305) 866-6340
Fax No. (305) 864-3252
3)
Company Name Chb At:la1ti.s O::.rdlniniun ~#irT}
Address
2555 <hl.l:im A\e'1.e, Miani B:B:h, FL. 33140
Contact Person/Contract AmountMt'. Ri.dmd D:i.aR:sa, ($374,00).00
Telephone No.(305) 672-5105
Fax No1305) 532-7560
4)
Company Name
Omi. P.tof---<=ritTBl RrilniTl3,IIC
Address
1600 Mi.c:hig:I'E A\e'1.e, Miani B:B:h, FL. 33139
Contact Person/Contract Amount Mt'. S::I.1l G:a:E, $125,00).00
Telephone No.(305) 532-7368
Fax No.(305) 538-0917
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
32
ELEVATOR RENOVATION AT CITY HALL ANNEX BUILDING
BID # 30-02/03
CUSTOMER REFERENCE LISTING (Contd.)
5)
Company Name
I:e2Erlarl s..rlsid:! Im::h H:tel
Address
8701 O:ill.im A\e1E, M:iani. B33:h, Fl.cri.ch 33154
Contact Person/Contract Amount M::'.Jas:n li:Ny, $125,<XXl.00
Telephone No{:IDS) 865-6661
Fax No. (315) 866-~
6)
Company Name
I:f:J;J:U S:!rVi..oes of Q:mt:er M:iani.
Address
300J ~ B:1iI.evatd, M:iani., FL. 33137
Contact Person/Contract Amount M::. Iui.s Diaz, $115,<XXl.00
Telephone No.(:IDS) 576-<XB>
Fax No~:IDS) 576-5112
7)
Company Name Wimtr::n'R:W:!l:s;;ro <l::Id:rniniun J.I.~otirn
Address
251 174th SI::I:eet, s..rny Isle:; B33:h, Fl.cri.ch 33100
Contact Person/Contract Amount M::. Ia1 G.t:O::Skg, $400,00>.00
Telephone No.(:IDS) 932-aro
Fax No.(:IDS) 931-2542
8)
Company Name
Wimtm 'R:W:!l:s D> <l::Id:rniniun p..:.crr;#icn
Address
230 174th SI::I:eet, s..rny Isle:; B33:h, FL. 33160
Contact Person/Contract Amount M::. AleK: L:id..=.<ltU, $401 ,00>.00
Telephone No. (:IDS) 932-5290
Fax No. (:IDS) 932-9471
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
33
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 Em::l.Itive Elevatx:r SeI:vi.ce, lh::.
Principal Office 8107 N.W. 33rd Sl::re:t:, Miani., F.l.ad.d:l. 33122
How many years has your organization been in business under your present business
name? ~-five (25) }e:IIS
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~ O:rlp:lrrf ~ #8
state a:: fI 121
Dade County certificate of competency - state type and number: J::l:I:E <1::Ulty O:n.{:at.ial:ll :Lia:n!e
N.nteI:- 064654-8, EIMXXl121
City of Miami Beach occupational license - state type and number:.l\rnl'll Rl~t-nr MriIA.tltj[l..e
Include copies of above licenses and certificates with proposal. R:prir Eemtit flfMJ2JJTlO
How many years experience in similar work has your organization had?
Thalty-five (25) }e:IIS
What contracts has your organization completed?
Contract Amt Class of Work When Comoleted Name/Address of Owner
$210,000.00 M:.d:!mi-=tim 10/01/02 633 R:a:ber:b !ill) 633 m 167 st fB)1, Miani., 33162
$395,000.00 M:.d:!mi=t"im 4/01/01 <::arr:ia::e CltiJ N::rth Ch'd::I. 5005 Cbllins Ave. 33140
$"V<i,rrrl m Mrl>mi=t"iCTl 0;/01 /01 4101 PirP'T'r=> rH'IP Mirrni ~. :l11~
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? N::>
If so, where and why? NlA
Has any officer or partner of your organization ever failed to complete a contract handled in his own
name?
N::>
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
34
If so, state name of individual, name of owner, and reason thereof N/A
In what other lines of business are you financially interested or engaged? N::n:!
Give references as to experience, ability, and financial standing Prin:::ipll ms 41 ~
in :irntallat:i.cn uul:,wi=Hm, savi.ae of el.eIa:I:I:rs, (bq:ar:rf ms 25 }elIE. Mrt:s::n-<l'arltm
SJrety Gro.p WD pur.id:s B::nl:; fi:r Em:ltive arrl ms I'E!\e[' h:d a claim c:gaimt any B::nl:;.
What equipment do you own that is available for the proposed work and where located?
AllIe: , y EQ..Ii:r::nalt arrl t:r:ol.in1 m:;pired to ~fi.U11 ~ "f"rl fi<=rl \\tI:k. All trol.inJ
an TTM=nf-n:y is l.a:aterl at 8107 N. W. 33m Sb:e3t, Miani, F.lcri.d:i
What Bank or Banks have you arranged to do business with during the course of the Contract should
it be awarded to you? IS"k Uliterl an U1im pJ.anta:'s B:ds
Please list the names and addresses of the subcontractors to be used for the portions of the work
listed below.
M::x:B:nlift~, 2211 S. W. 59th A\eUe, Ibllyvrrrl, F1a::idi 33023
Vendor Campaign Contribution(s):
a. You must provide the names of all individuals or entities (including your sub-consultants)
with a controlling financial interest. The tenn "controlling financial interest" shall mean the
ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any
corporation or a direct or indirect interest of 10% or more in a finn. The tenn "firm" shall
mean any corporation, partnership, business trust or any legal entity other than a natural
person.
N::n:!
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
3S
b. Individuals or entities (including our sub-consultants) with a controlling financial interest:
have X have not contributed to the campaign either directly or indirectly, of a
candidate who has been elected to the office of Mayor or City Commissioner for the City of
Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom
said contribution was made.
I HEREBY CERTIFY that the above answers are true and correct.
~ -----
t:'$.&.t.Vl"'.~f'_ hh""'l.. ~"'tf,.I~' ..)."', (SEAL)
FtlJWl<.. I. 11,1",\\\ "'r<Y" -re,
I
(SEAL)
BID NO: 30-02/03
DA. TE: 06/04/03
CITY OF MIAMI BEACH
36
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~1)J1iJ'I!mrl:i)_ . ~~I oJ:'l!l'l-~rt~;.o,~' $.t .\;If.)) (i)
FIRST-CLASS
U.S. POSTAGE
PAID
MIAMI,FL
PERMIT NO. 231
.-
e&.:J.~~ 1.iiJl: f LOCATION
EXECUTIVE ELEVATOR SERVICE INC
8107,NW 33 ST
33122 UNIN DADE COUNTY
RFNEWAl
LICENSE NO: 064654-8
STATE IIEL V000121
OWNER
EXECUTIVE ELEVATOR SERVICE INC
Sec. Type of Business
196 SPECIALTY MECHANICAL CONTRCTR
THIS IS AN OCCUPATJONAl
TAX ONLY. fT DOES NOT
PERMIT lME UCEHSEE TO
. VIOLATE ANY EXISTING
REGULATORY OR ZONING
LAWS OF THE COUNTY OR
CITIES. NOR DOES IT
EXEMPT nlE LICENSEE
FROM ANY DI'HER UCENsE
OR PEAMIT REOUIREo BY
LAW. nas IS NOT A
CERnFICATtt)N OF THE
LlCEHSEE"S QUALIFICA-
TION.
"
WORKERS
20
00 NOT FORWARD
EXECUTIVE ELEVATOR SERVICE
8107 NH 33 51
MIAMI Fl 33122
INC
PAYMENT RECEIVED
MIAMI-DADE COUNTY TAX
~LLECTOA:
09/10/2002
002200011.01
000075.00
SEE OTHER SIDE
,. .tl" .11. ".11.,'.,.. 1,1.'" 1111.. ''''11' I ,/.tl", ,." /.11 ,,/
~
.
em OF MIAMI BEACH
Buildiag Departmeat
1700 Convention Ctr Drive, 2nd Floor
Miami Beach, Florida 33139
Inspections: (305) 673-7370 Office: (305) 673-7610
Mechanical Wark Permit
Certificate Number:
Status; APPROVED
10-02-2002
BM020770
Site Address:
Parcx:1 1#:
lssued By: BUlLJOSR
Applied: 0512912002
Approved: 1<W212002
Campkl<xl.:
To Expire: 0313112003
Valuation: 51.00
Applicanl: EXECUTIVE ELEVATOR SERVICE Property Owner.
8107NW33RD STREET
MIAMI. FLORIDA 33122
305-S92-6111
Description: ANNUAL ELEVATOR MAINTENANCEIREP AlR PERMIT
1Dspectot Area: ALL
DETAJL LIST
M.,clllllDkal Fees
A.C.IRe&idgelation - Per Ton:
PresIProc Pipe Dud Work - Per Cost:
FWU8lIOeIHeat Equipment - Per BtuIHr:
Capacity Cooling Towa-s . Per Ton:
~<:aI. VcntiJatiou - Per Cost
C02lDry-Halon.Supprcssion System - Per Cost:
ASME StellDllHOl Waf<< Boiler - Per 11 of:
ASME Miniature Boiler - Per # of:
Steam Drive Prime Mover. Pa ~ of:
C.oodeDsIIe Draiu - Per 11 of:
Other Fee - Per Cost:
Other Fee &plain:
s-m AaoIfed Macbinay - Per . ol:
UIIfRd Pressure VCSJd . Per II oc
Sprinkler Ibd.s - FIR: SuppI1nsicm System . Pa-II d.
StoraF Tn - Flammable Liquid - Per f# of:
Fire WeB - Pcr 41 of:
Co.nsIruction M<<ers - Per #I t:Jf:
Pest Cm1rol - Lawn Sprinldcr- ann per- - Per 11 of
ln~ Combuslioo &Wac - ~ - Per' oc
Gencntor Test FullLoBd - Pa' of:
RoofWmdow CIeaoiD& Machine - Per # of:
Accept Test Fire Sprinkh:r - Per , of:
Strip heatas, EIoclrical - Per 1# of:
o
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lS8l~9S0~6:Xl?.:J
so 00
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$0.00
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$0.00
$0.00
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r AC# 0 7754 4 2
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BUREAU OF ELEVATOR . SAFETY SEQ#L03021000893
02 10 2003 oooooaOoo CC122
The CERTICICATE OF COMPETENCY
Named below IS CERTIFIED
Under the provisions of Chapteri3!)9 'FS.
Expiration date: JAN 16, 2004, .
REQUIRED TO CARRY OR BE COVERED;
BY GENERAL LIABILITY INSURANCE . '.
WILLIAMS, MARY C
163 S.COCOPLUM ROAD
KEY LARGO FL 33037
NON-
TRANSFERABLE
JEB BUSH
GOVERNOR
DISPI AY AS RFOUIRFD BY LAW
DIANE CARR
SECRETARY
M:u:y c. Williars, Vice Pre:;:id:d, E>>D.1I:ive E1eJaI:I:r S3:Vi.c:E, lOC.
I Ac#0775441
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
BUREAU OF ELEVATOR SAFETY SEQ#L03021000892
: - LICENSE NBR
02 10 2003 000000000 CC121 ,
The CERTICICATE OF COMPETENCY .aQLP~R::i'
Named below IS CERTIFIED .' ......'.,
Under the provisions of Chapter)3:9~FS.
Expiration date: JAN 16, 2004 ,.... .
REQUIRED TO CARRY OR BE COVERE.D. ';C.
BY GENERAL LIABILITY INSURANCE' '
WILLIAMS, FRANK T
163 S. COCO PLUM ROAD
KEY LARGO FL 33037
NON-
.;{RANSFERABLE
JEB BUSH
GOVERNOR
PI AY A~ RFOllIRFn RY I AW
DIANE CARR
SECRETARY
Fb3rK T. Williars, Pre:;:id:d, E>>D.1I:ive E1eJaI:I:r S:!rV:i<:E, lOC.
770 SaoIIh DIldo HlchwIlJ' . Suite 1Ill
CoaI\ c.w......... 91.
~l3G5)6Q,1I5l
F...l3G5) Ea-9HI
~II""~
ere
Matson-charlton Surety Group
~~M8ER
...
--
---
July 23, 2003
ViR flU - (305) 599.1195
Mary Williams
Executive Elevator Service, Inc.
8107 N.W. 33 Street
Miami, FL 33122
Dear Mary:
Please let this letter serve as reference on behalf of your company. We have been
Executive Elevator's bonding agent for years, and have bonded several projects
through their surety Washington International Insurance Company.
U any further information is needed, please feel free to contact our office.
Regards
ORDINANCE NO. 2002-3378
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VI"
THEREOF, ENTITLED "STANDARDS OF CONDUCr', BY AMENDING DIVISION
4, ENTITLED "PROCUREMENr', BY AMENDING SECTION 2-486, ENTITLED
"CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE
PROHIBITIONS ON ORAL COMMUNICATIONS ON ALL REQUEST FOR
PROPOSALS (RFP'S)i REQUEST FOR QUALIFICATIONS (RFQ'S), AND
INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY
COMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY POTENTIAL
VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT;
PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL
COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABIUTY,
AND AN EFFECTIVE DATE.
WHEREAS, on January 29, 2002, the Mlaml-Dade County Commission approved
Ordinance No. 02-3, amending Section 2-11.1 (t) of the Miami-Dacle County Code, the
COunty's Cone of Silence Ordinance, with an effective date of February 8, 2002; and
WHEREAS. Miami-Dade COunty's approved amendments extended the prohibition
on oral communications regarding a particular RFP, RFQ. and bid for the solicitation of
goods and services to those between a potential vendor, service provider, bidder. lobbyist
or consultant, and the Mayor. County COmmissioners and their respective staffs; and
WHEREAS. Miami-Dade County's approved amendments added additional
exemptions to the prohibition on oral communications regarding a particular RFP, RFQ, or
bid for the solicitation of goods and services between any person and the procurament
director or hislher designated staff responsible for administering the procurement process
for such RFP. RFQ or bid, and between a memberofthe respective selection committee,
provided the communication be limited strictly to matters of process or procedure already
contained In the corresponding solicitation document; and .
WHEREAS, . Miami-Dade County's approved amendments added additional
exemptions to the prohibition on oral communications between the COunty Manager and
the chairperson of a selection committee about a particular selection committee
recommendation, only after the committee has submitted a recommendation to the
Manager and provided that. should any change occur in the committee recommendation.
. the content of the communication and of the corresponding change shall be described in
writing and filed by the Manager with the Clerk of the County and be Included In any
recommendation memorandum submitted by the Manager to the COunty Commission:
WHEREAS, Miami-Dade County's approved amendments added additional
exemptions to the prohibition on oral communications pertaining to emergency
procurements.
WHEREAS. said Miami-Dade COunty amendments are applicable to the Mayor and
City COmmissioners of the City of Miami Beach, the City Manager. and their respective
____ staffs; _a~~~()fl:1!!'to_e_~~~ds~i'!i1_mendments and their applicab.i!ity!() p~ntial vendors, ._
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
37
service providers. bldders,lobbyifrts, and consultants doing business In the City of Miami
Beach, the Administration and the City Attomey's OffIce herein recommends that the
MaYor and City Commission amend the City's Cone of ,Silence Ordinance accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY '
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1. Section 2-426, of Division 4 of Article VII of Chapter 2 of the Miami Beach
City Code II hereby amended to read as follows:
ArtIcle VII, stal'ldards, of Conduct
DMSION.. PROCUREMENT
Sec. 2-488. Cone of silence.
(a) Contracts for the provision of goods, services. and construction projects~ etheF
"SA aWBIl seMFas&8.
(1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: '
(a) any cOmmunication regarding a particular request for proposal ("RFP"),
request for qualifications ("RFQ"), Feqwest fer 1EMteF8 ef IRteF8st ("RFll"),
or bid between a potential vendor, service provider, bidder, lobbyist. or
consultant and the clty's administrative staff including. but not limited to,
the city manager and his or her staff;
(b) any communication regarding a particular RFP, RFQ, ~ or bid
between the mayor, city commissioners, or their respective staffs, and
any member of the clty's administrative staff Including, but not limited to,
the city manager, and his or her staff; ,
'(c) any communication regardlng a particular RFP, RFQ, ~ or bid
between a potential vendor, service provider, blclder, lobbyist, or
consultant and any member of a city evaluation and/or selection
committee therefor: aAd
'Cd} any communication regarding a particular RFP, RFQ. RI=U; or bk{
between the mayor. city commlssloners....or their respective staffs...and
~ Lmember of a city evaluation and/or selection committee therefor:
(e) ~:~m':nicatlon reaardina a Dartlcular RFP. RFQ. or bid between the
___ r. c_ ~mml88loners. or their resoective staffs and a ootential
v:end:.:e se~ce orovlder. bidder. lobbvist. or consultant Net\'IittletaRBiRg
t1-- fi -gel-g, 'he seRe ef sUeRse shall Ret apply te sef$eWve
pFElseesss fer the swaN ef CDSG, HOME, SHIP BRB SwAmI: FWRBS'
aBFRIRiiHeF8B by tJ:Is sity slfiee 9f seFRFRWRitj' BevellilpRleRt. SRB
seFRFRwRleaUeRs wlUl the olty deFRey BRB his or her eta#.
IIIU l'lU: "U-U",/U"
DATE: 06/04/03
CITY OF MIAMI BEACH
38
(2) Procedure.
a. A II:m.cone of silence shall be Imposed upon each RFP, RFQ, RRJ,
8A& or bid after the advertisement of said RFP, RFQ, RFbI; or bid. At
the time of imposition of the cone of silence, the city maJ"l8ger 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 termlnate~
aW}at the time the city manager makes his or her written
recommendation 8S to selection of a particular RFP, RFQ. RFbI; or
bid to the city commission, and said RFP, RFQ, RFbI; or bid Is
awarded; provided, however, that fonowlng the Mmanager making his
or her written recommendation, the cone of silence shall be lifted as
relates to communications between the M-mayor and M-fD;embers of
the C-commission and the ~ity M-manager; providing ~rther if the
clly commission refers the manager's recommendation back to the
clly manager sr &taft 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. RRJ, or bid is
awaldedi
~ {!Illn the event of contracts for less than $25,000.. when the city
manager executes the contract.
(3) Exceptions. The j3re>AeleA8 sf 'hie emlAaAee cone of silence shaW not apply
to:
(a) comoetitive orocesaes for the swald of CDBG. HOM~. SHIP and Surtax
Funds administered bv the city office of community develooment: and
(b) communications with the citv attomev and his or her staff.
~ {Ql.oral communications at pre-bid conferences;
~ uu.oral presentations before evaluation' and/or selection com!'llttees;.
{ti-1!lcontract discussions during any duly noticed public rrieetlng;
{dHfl public presentations made to the city commissioners during any duly
noticed public meeting;
~ {g} contract negotiations with city staff following the award of an RFP,
RFQ. ~ or bid by the city commission;
(.fJ {h) communications In writing at any time with any city employ8e, official
or member of the city commission, unless specifically prohibited by the
applicable RFP, RFQ, RFUr or bid documents; OF
CITY OF MIAMI BEACH
39
BID NO: 30-02/03
DATE: 06/04/03
. {sHIl 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 ~mmlsslon meeting.
~j) communications reaardlna a oarticular RFP. RFQ or bid between the
~~cur:~ent director. or hislher administrative staff resDoosible for
_ mlnLLrlna the orocurement Drocess for such RFP. RFQ or bid and a
member ~ the evaluation/selection commmee therefor. orovided the
commun_ lion Is limited strictlv to matters of Dr0C8SS or Drocedure alreadv
contained In the corresDOndlna solicitation document:
00 dulv noticed site visits to determine the comoetencv of bidders reaardlna
a ,:rtiwiar bid durina the time Derlod between the oDenine of bids and the
t1_ the cItv manaaer makes his or her written recommendation:
!11 any emeraencv Drocurement of aoods or services:
~m~~munlcat~)Os reaardina a oarticular RFP. RFQ. or bid between any
e nand th_ Drocurement director. or hislher administrative staff
;;s~n~ible for adminlsterina the orocurement Dr0C8SS for such RFP. RFQ.
or bid. orovlded the communication is limited strIctIv to matters of DrocaSS or
Dro68dure alreadv contained In the corresDondina solicitation document.
!nl. The bidder, .proposer, vendor, service provider, lobbyist, or consultant
shall flle a copy of any written communications with the city clerk. The city
clerk shall make copies available to any person upon request.
(b) .~dll88RtfaetS.
(1)
-CeRe af IlIeRee- II ~eJ8by r.tetlRer.t te IReaR S pJ8hibltleR eR; (a) aRY
seIRIRYRlsatleRs regaFEliRg a psFtisYlar RFP. RFQ. RFlI, er bid bM.t'8eR a
petlRllal ':eRdor, &el'.-Ise pl9VkteF, bidde" iebby!s', ar seR&YItaRt aREI the
IRayer, .... sOIRFfli661aReF8 or their relpestl'.'8 staffe, aRd sAY MaIRbar of the
elty'1 aElIRIRiltFatlve ltaff iRelYdiRO, bwt Rat IiMJteEI ta tAe6!ty 1RBFl80er aRB Ais
ar her sta#, aRd (b) aAY aF81 eeMMYAleatiaR regsNiRg S paFtlallar RrP.
RFQ, RFlI, ar blr.t bsn'JeeR the IRayer, slly seIRIRlssleReF8 ertheir relpe.'e
&tatfs aREI aRY IReMber ef tRe eily!l aElMIRistFalive staff iRell;IEliRg, bYt Rst
AIR~d ta,tha o~. MaRager aRd 1'111 aF her &taff; aRd.(6) aAY seIRIRYRieatiaR
J8gaNiRg a paJtlwlar RFP, RFQ. RFll, or bid betvl8eR S pateRtlallJ8Rdar,
HMee pF8':ider, biddeF. labBylst, er 89R&YiteRt aRB aRY IReIRber at a ~
8\'8IwatiaR sRdler HleslieA 89IRMittee; aAd (e) 8AY seIRMYRleatieR FegSFEliRII
: p:=:r ~FP, RFQ er bid bM.'JeeR the ~SyeF, C~ CaMMissiaReF8 eF
J:te sUve ataffl aRd SRY IReMber of a sity evalYatiaR 8R8ler sele9lleR
;;;~e;. Netv:itMtaRdiRO the teJ8geiRg, the El9Re of sileRes sha. Rst apply
te SeMIRYRisatiaRs with the elly atteIRsy sRElhis er ReI' staff.
(2)
1in88pt al pJ8viEled IR 8wbsselleRI (8}(3) SREI (b)(~) herse.!' ~~~~~~
::u :~=aseEl YpeR essh RFP, RFQ, RR.I, er bid fer swlt eePJl688 after
a . 'HMeRt ef said RFP. RFQ, RFb.I, er bid. At the tiIRe of the
~,ooiti;; at tAe seRe of sUSRee, tRe sIIy IRSRager ar Ri& ar her EleliORee
------_._-~~~---~~-_._~_._.-.--_._---~--------
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
40
(3)
:::: ~e:r ~e pIA Bile ~etiee 9f ~e eeRe ef sAeRee. lhe ee~~~ ~~~
::; t 'Ra _ ) at ~e UFRe ihe eil}' FRaRager FRakes his er her \.Jf'ittSR
~ _~~~o;~s te selee&ieR ef a paRiewlar RFP, RFQ, RFlI, er laiEl te the
~ =;.~, aRd ~ald RFP, RFQ, RFlI, er Bid la ~Ml~e!; ~.~
~~m;;;' d fsllewlRII the MeRaller FRaklRII hiS er her IfmtteR
eA atieA, the eeAe ef slleR68 shell be lifted as lelates te
~~~~~ laeh'JeeA the Mayer aAd MeFRBeF8 ef the CeFRA'llaaleR aRE!
th _'.. ageFi ple'AdlRg NAtter If lie ell}' eeFRA'llasle~ re1~ ~
~;~;ger'~ ;;'68FRFReAdatleR Iaaek te ~he sily !AaRager er EMff fer ~~~~
:' atto.,::::e 9f 8l1a."ee shall 68mlAlAe IIRtiI sweh t1A'1e ,as the FRaRager
_ qlleRt \VFRteA leeeFRA'leAf:latieA, aFMf",e paFtI6Ylar RFP, R<:Q,
RFl~ ,; ~ki is S'.vaRled er Ia) iA",e e\'eRt 9f eeFltle. fer leas thaA $26,000
'flheR the elly A'leAager 9X9Gutes the eeRVaet.
NethlRg eeAtalAed herelR shall pRlhlla1l BRY IalddeF, pRlp9ae~ ~, ~~
p;e~8...~lalaylst, sr eeAsllltaRt (I) ffeA'l FRaklRg plAblle PRlSe*,ieRS at duly
Retieef:l pie bid eeRfeIeR688 er befeRl f:luly Retieef:l B'/BlwatieR 69A'1lMlee
~~; (II) fFem eRgaglRg IR eeRtrast f:lISGyssleRs dlARRg aRY dilly RaiSed
iii eatiRg; (III) ffeA'l eRgaglRg IR eeRlraet RegetlatleRs ':Ji&h sit}' statf
fellev:iRlI the 8\118R1 ef aR RFP, RFQ, RFlI, er laid fer awdit by the elly
::I;leR; er (J.v) ffeA'l eeA'lmlARlsatiRg IR ':_RlI with aAY sit)' eFRpleyee er
'I r py"sses 9f seeklRg elaAflsatieR ef addltleAal IRfeFmatisR fRlm lie
~. er FespeRdiRg te ihe sity'-a IeqlAest fer 61aFifieatieR er af:ldl&ieAaI
IRfsFFRatlsA, sulajeet te lie pRl'JisieRs ef the applieable RFP, RFQ, RFbJ, er
:: e.:::reRts. The Bidder Sf pRlpsser ate. shall file a eepy efaAY 'tJFilteR
m siltisR with the eity 61e"". The eily 61eft( shall make espl8s availalale
te the 1I1Relel pulalie UpeR lequest.
(~)
NethlRg ee_IRed helelA ahall pRlhlla1t aAY lelalilylst, ~~~e~~~~~
~, seMee pRlvldeF, 68RSYItaRt, er siler peF8eR er eRtIlv ffeFR pulal~
::'~:I;g ~e ell}' saA'lmlssleReF8 dURng af'Y duly Retlsed pwlillie mletiRg
~ ~1';1. aelleR eR aRY aydlt eeRtFaet. The 6ity maRageraAaIlIRGlwEl~~ ~
Ia I selleltatieR fer aYlllIIRg seRtlees a statemeRt llisGlesiAg tI:le
reqYlremeRts ef tAls dlvlslsR.
(G)Q2l Violations/penalties and procedures, A violation of this section by a particular
bidder. proposer. vendor, service provider, lobbyist, or consultant shall subject said
bidder, 8F proposer, vendor, service provider, lobbyist, or consultant to the same
procedures set forth In DIvIsion 5, entitled :Oebarment of Contractors: from City
Work; shall render any RFP award, RFQ award, RFlJ 8VJaF8, or bid award to said
bidder, proposer, vendor, service provider, bidder,lobbyist, or consultant vold~;
and said bidder, proposer, vendor, service provider, lobbyist. or consultant shall not
be considered for any RFP, RFQ, RFY 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 shaD 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, S 1.1-6-99; Ord. No. 2001-3295, S 1,3-14-(1)
l)ATE:llTi70'I7~--------_.----;n--.
SECTION 2. CODFICATION.
It Is the Intention of the Mayor and City Commission of the City of Miami Beach, and It is
t'lereby ordained that the provisionS of this ordinance shall become and be made part of the
Code of ' the City of Miami Beech, 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 3. REPEALER.
All .ordlnances or parts of ordinances in conflict herewith be and the seme are hereby
repealed..
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, phrese or portion of this Ordinance Is, for any
reason. held invalid or unconstitutional, such portion shall be deemed a separate, distinct
and Independent provision and such holding shall not affect the validity or constitutionality
of the I8mainlng portions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
ThIS Ordinance sheil take effect on the 10th day of August
Is 10 days after adoption.
I 2002. which
PASSED and ADOPTED this
. 3bt
,2002.
ATTEST:
CltyCIer1<.
Letters or numbers that are stricken through .are deletions from existing ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
F:\ATTO\OLlJ\RE8-0Im\CONEOFSlLENCE.FNL.DOC
APPROVED AS 1'0
FORM & LANGUAGE
& FOR U110N
..
f;".2.~
rw.
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
42
MURRAYDUBBIN
CITY ATrORNEYNl.
JORGE M. GONZALEZ
CITY MANAGER
SUBJECT: AMENDMENT TO CITY'S "CONE OF SILENCE" ORDINANCE
MURRAY H. DUBBIN
City Attonaey
TO:
FROM:
OFFICE OF THE CITY ATTORNEY
~ (J/fiomi 1JmM
, LOR D It
-
Telepboae:
Telecopy:
(305) 6no7.7
(305) 673-700
COMMISSION MEMORANDUM
DATE:JULY31,ZOO2
~F.COND R1= ADING
PIJRUC HF.All.ING
On January 29, 2002, the Miami-Dade Cowrty Commission approved an amendment to the
County's "Cone of Silence" Ordinance, with an cffcctive date ofF cbruary 8, 2002. The approved
amendments to the County's Ordinance, which the City Manager and the City Attorney's Office
hcmn recommend be incorporated 81 an amendment to the City's own "Cone ofSileDcc" Ordinance,
are 81 follows:
BID NO: 30-02/03
DATE: 06/04/03
(I)
Extendins the prohtbition on oral COIlIIDIIIIicatioo.s regarding a particIIIar RFP, RFQ.
and bid for the solicitation of goods and services to tbo8c between a potential veador,
service provider. bidder, lobbyist or consultant, and the Mayor, Commissioners,lDd
their respective staffs;
(2)
Extending the proJubitiOllon oral comrmmicatioos regarding a psrticuIar RFP, RFQ,
or bid between any administrative staff member, and any member of an evaluatiOn
and/or selection committee therefor;
(3)
Notwithstanding the prohibition in subsection (2) above, providins an exemption
allowing the Manager and the. chairperson of the ~aluation and/or selection
committee to communicate upon a particular evalUation and/or lIClcction committee
Agenda ltam ASC
1700 CODveatloD C_ter Drive - FOIUtII Floor - MIa..i Bead Date 7-,j/-();)... ..
CITY OF MIAMI BEACH
43
recommendation, but only after the committee bas submitted an award
recommendation to the Manager and, provided should a change occur in the
committee's reCommendation, the content of the communication and of the
correspondence cban~ shall be described in writing and filed by the Manager with c
the City Clerk, and be included in any reCommendation memorandum submitted by
the Manager to the Commission;
(4) Creating an exemption allowing commwtications regarding a particular RFP, RFQ,
or bid between the Procurement Director (or hisIher administrative staff responsible
for administering the particular RFP, RFQ, or bid process) and a member of the
evaluation/selection committee therefor, provided the commwtication is limited
strictly to matters of process or procedure already contained in the corresponding bid
document;
(S) Creating an exemption for duly noticed site visits'to detennine the conwetenCY of
bidders regarding a particular bid, during the time period between the opening of the
bids and the time the Manager ma1ccs hislher written reCommendation to the
Commission;
(6) Creating an exemption for emergency procurement of goods or services; and
(7) Creating an exemption to allow for commwtications regarding a particular RFP,
RFQ, or bid between any person and the Procurement Director. (or his or her
.w.iniRtrative staff responsible for administering the bid process), provided the
communication is limited to maUers of process or procedure already con1ained in the
bid documents.
The Miami-Dade County Commission on Ethics bas consistaltly taken the position that the
County's Ethics legislation, as codified in Section 2 of the Miami-Dade County Code, applies to
municipal officers and employees, whether or not they chose to adopt corresponding legislation or
not. However, one of the reasons that the City of Miami Beach adopted its own cone of silence
legislation was not only to make it stricter in places where the County's ordinance is more lenient
(which is legally pcnDissible), but also, assuming the County ethics legislation only applies to
municipal officers and employees, the enactment of the City's own cone of silence ordinance
extended the prohibitions of the ordinance, and the sanctions therein, to potential vendors. service
providers, bidders,lobbyists, and/or consultants doing business with the City of Miami Beach.
It is therefore recommended by the City Manager and City Attorney's Office's that the Mayor
and CitY Commission herein adopt, on first lUding, the attached amendments to the City's Cone of
Silence Ordinance; said amendments mirroring the amendments already approved by the Miami- .
Dade County Commission (in its Cone of Silence Ordinance).
IlIA'"
,.....~1lD
2
BID NO: 30-02103
DATE: 06/04/03
CITY OF MIAMI BEACH
44
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 personnel includes but is not limited to the members of the housing authority,
personnel board, pension boards, and such other autonomous or semi-autonomous authorities,
boards and agencies as are entrusted with the day-to-day policy setting, operation and management
of certain defined functions or areas of responsibility.
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all department heads,
the City attorney, chief deputy City attorney and all assistant City attorneys; however, all
departmental personnel when acting in connection with administrative hearings shall not be included
for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to
encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any
commissioner; any action, decision, recommendation of any City board or committee; or any action,
decision or recommendation of any personnel defined in any manner in this section, during the time
period of the entire decision-making process on such action, decision or recommendation that
foreseeably will be heard or reviewed by the City commission, or a City board or committee. The
term specifically includes the principal as well as any agent, attorney, officer or employee of a
principal, regardless of whether such lobbying activities fall within the normal scope of employment
of such agent, attorney, officer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and
such other boards and agencies ofthe City that perform such quasi-judicial functions. The nuisance
abatement board, special master hearings and administrative hearings shall not be included for
purposes of this division.
(Ord. No. 92-2777,:H 1,2,3-4-92; Ord. No. 92-2785, 331,2,6-17-92)
Cross reference(s)--Definitions generally, 31-2.
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: 30-02103
DATE: 06/04/03
CITY OF MIAMI BEACH
45
(2) His business address;
(3) The name and business address of each person or entity which has employed the
registrant to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any information originally filed, or any additional City commissioner or
personnel who are also sought to be lobbied shall require that the lobbyist file an amendment
to the registration forms, although no additional fee shall be required for such amendment.
The lobbyist has a continuing duty to supply information and amend the forms filed
throughout the period for which the lobbying occurs.
(c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or
beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also
identify all persons holding, directly or indirectly, a five percent or more ownership interest
in such corporation, partnership, or trust.
(d) Separate registration shall be required for each principal represented on each specific issue.
Such issue shall be described with as much detail as is practical, including but not limited to
a specific description where applicable of a pending request for a proposal, invitation to bid,
or public hearing number. The City clerk shall reject any registration statement not providing
a description of the specific issue on which such lobbyist has been employed to lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate
notice of withdrawal.
(f) In addition to the registration fee required in subsection (a) ofthis section, registration of all
lobbyists shall be required prior to October 1 of every even-numbered year; and the fee for
biennial registration shall be as specified in appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state the
extent of any business, financial, familial or professional relationship, or other relationship
giving rise to an appearance of an impropriety, with any current City commissioner or
personnel who is sought to be lobbied as identified on the lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (f) of this section shall be deposited by
the clerk into a separate account and shall be expended only to cover the costs incurred in
administering the provisions of this division. There shall be no fee required for filing a notice
of withdrawal, and the City manager shall waive the registration fee upon a finding of
financial hardship, based upon a sworn 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 support of or opposition to any
item, shall not be required to register with the clerk as required by this section. Copies of
registration forms shall be furnished to each commissioner or other personnel named on the
forms.
(Ord. No. 92-2777,33,3-4-92; Ord. No. 92-2785, 3 3, 6-17-92)
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
46
Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual privity with
the City who only appears in his official capacity shall not be required to register as a
lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before the city
commission, planning board, board of adjustment, or other board or committee and has no
other communication with the personnel defined in section 2-481, for the purpose of
self-representation without compensation or reimbursement, whether direct, indirect or
contingent, to express support of or opposition to any item, shall not be required to register
as a lobbyist, including but not limited to those who are members of homeowner or
neighborhood associations. All speakers shall, however, sign up on forms available at the
public hearing. Additionally, any person requested to appear before any city personnel,
board or commission, or any person compelled to answer for or appealing a code violation, a
nuisance abatement board hearing, a special master hearing or an administrative hearing
shall not be required to register, nor shall any agent, attorney, officer or employee of such
person.
(Ord. No. 92-2777,334,5,3-4-92; Ord. No. 92-2785, 334,5,6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the
offices of the mayor and city commission, the offices ofthe 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 personnel as defined in section 2-481.
(Ord. No. 92-2785,36,6-17-92)
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 pursuantto F.S. 3 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 opportunity to rebut the findings, if necessary, and
submit any written material in defense to the city commission. The city commission may
reprimand, censure, suspend or prohibit such person from lobbying before the commission or
any committee, board or personnel of the city.
(Ord. No. 92-2777,36,3-4-92; Ord. No. 92-2785, 3 7, 6-17-92)
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
47
RESOLUTION NO. 2000-23879
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT
A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A
CONTRACI' WITH THE CITY OF MIAMI BEACH
WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a
Model Code of Business Ethics (the "Model Code''); and
WHEREAS, the City of Miami Beach is a member of the GMCC; and
WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of
principles to help gUide decisions and actions based on respect for the importance of
ethical business standards in the community; and
WHEREAS, the GMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which does business with
the City of Miami Beach should be required, as a condition of doing business with the
County to adopt a Code of Business Ethics.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section I. Each person or entity that seeks to do business with the City shall
adopt a Code of Business Ethics ("Code") and submit that Code to the City Manager or
his or her designee prior to execution of any contract between the contractor and the City.
The Code of Business shall, at a minimum, require the contractor to comply with all
applicable governmental rules and regulations including, among others, the contlict of
interest, lobbying and ethics provisions of the City Code.
Section 2. The Commission urges the Greater Miami Chamber of Commerce
to require that all ofits members adopt the Model Code of Business Ethics.
Section 3.
adoption.
This resolution shall become effective immediately upon its
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
48
PASSED and ADOPTED this 12th day of ApTil 2000
ATTEST: fA
~YOR
_~~ fCi-~(~---
CITY CLERK
APPF\OVEDASTO
FCRM& LANGUAC,r:::
"FOR EXECUTIOh
~--.7""",/})
BID NO: 30-02/03
DATE: 06/04/03
CITY OF MIAMI BEACH
49
GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEMENT OF PURPOSE
The Greater Miami Chamber of Commerce ("GMCC") seeks to create and suslain an ethical business
climate lor its members and the community by adopting a Code of Business Ethics. The GMCC
encourages its members to incorporate the principles and practices outlined here in their individual
codes of ethics which will guide their relationships with customers. clients and suppliers. This Model
Code can and should be prominently displayed at all business locations and may be Incorporated into
marketing materials. The GMCC believes that its members should use this Code as a model for the
development of their organizations' business codes 01 ethics.
This Model Code is a statement of principles to help gllide decisions and ec1ions based on resped lor the
impo~,,"ce 01 elh,cal business standards in the community. ,he GMCC believes the adoption 01 a meaningful code
olelhics is the responsibility of <Nery business and prolesslonal organization.
ComDfiance with Government Rules & Reaulations
We will properly maintain all records and post all licenses and certificates
in prominent places easily seen by our employees and customers;
In dealing with government agencies and employees. we will conduct business in
accordance with all applicable rules and regulations and in the open;
We will report contract irregularities and other improper or unlawful business
practices to the Ethics Commission, the Office of inspector General or
appropriate law enforcement authorities.
Raeruitment. Selection & ComClensation of Vendors and Suppliers
We will avoid conflicts or Interest and disclose such conflicts when identified;
Gifts which compromise the integrity oi a business transaction are unacceptablll;
we will not kick back any portion of a contract payment to employees 01 the other
contracting party or accept such a kickback. .
Business AccountinQ
All our financial transactions will be properly and fairly recorded in appropriate
books or account, and there will be no 'orl the books' transactions or secret
accounts.
Promotion and Sales of Products and Services
Our products will comply with all applicable safety and quality standards;
We will promote and advertise our business and its products or services in a
manner which is not misleading and does not falsely disparage our competitors;
Doina Business with the Government
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DATE: 06/04/03
CITY OF MIAMI BEACH
50
We will conduct business with government agencies and employees in a manner
which avoids even the appearance of impropriety. Efforts to curry political
favoritism are unacceptable;
Our bids will be competitive, appropriate to the bid documents and arrived at
independently;
Any challenges to contrac\s awarded will have a substantive basis end not be
pursued merely because w~ are the unsuccessful bidder;
We will. to the best of our ability. perform government contracts awarded at the
price and under the terms provided for in the contract. We will nol submit inflated
invoices for goods provided or services performed under such contracts, and
claims will be made only for work actually performed. We will abide by all
contracting and subcontracting regulations.
We will not, directly or indirectly. offer to give a bribe or otherwise channel
kickbacks from contracts awarded. to government officials, their family members
or business associates.
We will not seek or expect preferential treatment on bids based on our
participation in political campaigns.
PUblic,lIf. and Political Camllaic,"s
We encourage all employees to participate in commun~y life, public service and
the political process;
We encourage all employees to recruit, support and elect ethical and qualified
public officials and engage them in dialogue and debate about business and
community issues;
Our contributions to political parties. committees or individuals will only be made
in accordance with applicable law and will comply with all requirements for public
disclosure. All contributions made on behalf of the business must be reported to
senior company management; .
We will not contribute to the campaigns. of persons who are convicted felons or
those who do not sign the Fair Campaign Practices Ordinance.
We will not knowingly disseminate false campaign information or support those
who do.
Corporate Officer
Company Name
Date
BID NO: 30-02103
DATE: 06/04/03
CITY OF MIAMI BEACH
51
ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5,
ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR
DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING
FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of
Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397.Purpose of debarment.
(a) The City shall solicit offers from, award contracts to, and consent to subcontractors with
responsible contractors only: To effectuate this police, the debarment of contractors from
City work may be undertaken.
(b) The serious nature of debarment requires that this sanction be imposed only when it is in the
public interest for the City's protection. and not for purposes of punishment. Debarment shall
be imposed in accordance with the procedures contained in this ordinance.
Section 2-398.Definitions.
(a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliates of
each other if, directly or indirectly. (I) either one controls or has the power to control the
other, or (ii) a third part controls or has the power to control both. Indicia of control include,
but are not limited to. a fiduciary relation which results from the manifestation of consent by
one individual to another that the other shall act on his behalf and subject to his control, and
consent by the other so to act; interlocking management or ownership; identity of interests
among family members; shared facilities and equipment; common use of employees; or a
business entity organized by a debarred entity, individual, or affiliate following debarment of
a contractor that has the same or similar management, ownership, or principal employees as
the contractor that was debarred or suspended.
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(b) Civil judgment means a judgment or finding of a civil offense by any court of competent
jurisdiction.
(c) Contractor means any individual or other legal entity that:
(1) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or
reasonably may be expected to submit offers or be awarded a City contract,
including, but not limited to vendors, suppliers, providers, Bidders, Proposers,
consultants, and/or design professionals, or
(2) Conducts business or reasonable man be expected to conduct business. with the City
as an agent" representative or subcontractor of another contractor.
(d) Conviction means a judgement or conviction of a criminal offense. be it a felony or
misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a
plea. and includes a conviction entered upon a plea of nolo contendere.
(e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in
limited instances specified in this ordinance. a Bidder or Proposer from City contracting and
City approved subcontracting for a reasonable, specified period as provided in subsection (j)
below: a contractor so excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members, each appointed by
the Mayor and individual City Commissioners, to evaluate and. if warranted. to impose
debarment,
.
(g) 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 true than
not.
(h) Indictment means indictment for a criminal offense. An information or other filing by
competent authority charging a criminal offense shall be given the same effect as an
indictment.
(I) Legal proceeding means any civil judicial proceeding to which the City is a party or any
criminal proceeding. The term includes appeals from such proceedings.
(j) List of debarred contractors means a list compiled, maintained and distributed by the City=s
Procurement Office. containing the names of contractors debarred under the procedures of
this ordinance.
Section 2-399.List of debarred contractors.
(a) The City's procurement Office. is the agency charged with the implementation of this
ordinance shall:
(1) Compile and maintain a current. consolidated list (List) of all contractors debarred by
City departments, Such List shall be public record and shall be available for public
inspection and dissemination;
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(2) Periodically revise and distribute the List and issue supplements, if necessary, to all
departments. to the Office of the City Manager and to the Mayor and City
Commissioners: and
(3) Included in the List shall be the name and telephone number of the City official
responsible for its maintenance and distribution.
(b) The List shall indicate:
(1) The names and addresses of all contractors debarred. in alphabetical order;
(2) The name of the department that recommends initiation ofthe 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:
(I) In accordance with internal retention procedures maintain records relating to each
debarment;
(2) Establish procedures to provide for the effective use of the List, including internal
distribution thereof to ensure that departments do not solicit offers from, award
contracts to, or consent to subcontracts with contractors on the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such responses
with the department that recommended the action,
Section 2-400.Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments shaH not solicit
offers from award contracts to, or consent to subcontracts with these contractors unless the
City Manager determines that an emergency exists justifying such action. and obtains
approval from the Mayor and City Commission, which approval shall be given by 5/7ths
vote of the City Commission at a regularly scheduled City Commission meeting. Debarred
contractors are also excluded from conducting business with the City as agents,
representatives, subcontractors or partners of other contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
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Section 2-401.Continuation of current contracts.
(a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as
Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of
Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that
debarment may constitute grounds for termination of the contract as well as disqualification
from consideration on any RFP, RFO. RFLI. or bid.
(b) The debarment shall take effect in accordance with the notice provided by the City Manager
pursuant to subsection 2-405(h) below. except that if a City department has contracts or
subcontracts in existence at the time the contractor was debarred, the debarment period may
commence upon the conclusion of the contract. subject to approval of same be 5/7ths vote of
the Mayor and City Commission at a regularly scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of current 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 contractor's control and such action is
approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled
meeting.
(d) No further work shall be awarded to a debarred contractor in connection with a continuing
contract where the work is divided into separate discrete groups and the City's refusal or
denial of further work under the contract will not result in a breach of such contract.
Section 2-402.Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to
City approval, the department shall not consent to subcontracts with such contractors unless
the City Manager determines that an emergency exists justifying such consent and the Mayor
and City Commission approves such decision by 5/7ths vote at a regularly scheduled
meeting.
(b) The City shall not be responsible for any increases in project costs or other expenses
incurred by a contractor as a result of rejection of proposed subcontractors pursuant to
subsection 2-402( a) above, provided the subcontractor was debarred prior to bid opening or
opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO,
RFLI, or bid.
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 ofa cause
for debarment however, does not necessarily require that the contractor be debarred; the
seriousness of the contractor's acts or omissions and any mitigating factors should be
considered in making any debarment decision.
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(b) Debarment constitutes debarment of all officers, directors, shareholders owning or
controlling twenty-five (25) percent of the stock, partners, divisions or other organizational
elements of the debarred contractor, unless the debarred decision is limited by its terms to
specific divisions, organizational elements or commodities. The Debarment Committee's
decision includes any existing affiliates of the contractor ifthey are (1) specifically named
and (ii) given written notice of the proposed debarment and an opportunity to respond.
Future affiliates of the contractor are subject to the Debarment Committee's decision.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil judgment,
(1) For commission of a fraud or a criminal offense in connection with obtaining
attempting to obtain, performing, or making a claim upon a public contract or
subcontract or a contract or subcontract funded in whole or in part with public funds;
(2) F or violation of federal or State antitrust statutes relating to the submission of offers;
(3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
(4) Which makes the City the prevailing party in a legal proceeding and a court
determines that the lawsuit between the contractor and the City was frivolous or filed
in bad faith.
(b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a
Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for;
(1) Violation of the terms of a City contract or subcontract or a contract or subcontract
funded in whole or in part by City funds such as failure to perform in accordance
with the terms of one (1) or more contracts as certified by the City department
administering the contract; or the failure to perform or unsatisfactorily perform in
accordance with the terms of one (1) or more contracts, as certified by an
independent registered architect engineer or general contractor;
(2) Violation of a City ordinance or administrative order which lists debarment as a
potential penalty;
(3) Any other cause which affects the responsibility of a City contractor or subcontractor
in performing City work.
Section 2-405.Debarment procedures.
(a) Requests for the debarment of contractors may be initiated by a City Department or by a
citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt
of a request for 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
transmit the request to a person or persons who shall be charged by the City Commission
with the duty of promptly investigating and preparing a written report(s) concerning the
proposed debarment, including the cause and grounds for debarment as set forth in this
ordinance.
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(b) Upon completion of the aforestated written report, the City Manager shall forward said
report to the Debarment Committee. The City's Procurement Office shall act as staff to the
Debarment Committee and, with the assistance of the City department person or persons
which prepared the report present evidence and argument to the Debarment Committee
(c) Notice of proposal to debar. Within ten working days ofthe Debarment Committee having
received the request for debarment and written report, the City's Procurement Office, on
behalf ofthe Debarment Committee shall issue a notice of proposed debarment advising the
contractor and any specifically named affiliates, by certified mail. return receipt requested, or
personal service containing the following information:
(I) 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 attorney, may present
documentary evidence and verbal testimony, and may cross-examine evidence and
testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of proposed
debarment, and of the potential effect of an actual debarment.
(d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor
must 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 oftime within which to do so,
the coIitractor shall have waived the opportunity to be heard at the hearing. The Debarment
Committee has the right to grant or deny an extension oftime, and for good cause, may set
aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an
abuse of discretion standard.
(e) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for
initiating a debarment procedure nor the sole basis of any determination of debarment. The
hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the
election Committee and at the expense of the City. Copies of the hearing tape or transcript
shall be furnished at the expense and request of the requesting party.
(f) Debarment Committee's decision. In actions based upon a conviction or judgment, or in
which there is no genuine dispute over material facts, the Debarment Committee shall make
a decision on the basis of all the undisputed material information in the administrative
record, including any undisputed, material submissions made by the contractor. Where
actions are based on disputed evidence, the Debarment Committee shall decide what weight
to attach to evidence of record, judge the credibility of witnesses, and base its decision on the
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.
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(g) The Committee's decision shaH be in writing and shaH include the Committee's factual
findings, the principal causes of debarment as enumerated in this ordinance, identification of
the contractor and all named affiliate: affected by the decision, and the specific term,
including duration, of the debarment imposed.
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment, the City Manager shaH
give the contractor and any named affiliates involved written notice by certified mail,
return receipt requested, or hand delivery, within ten (10) working days of the
decision, specifying the reasons for debarment and including a copy of the
Committee's written decision; stating the period of debarment, including effective
dates; and advising that the debarment is effective throughout the City departments.
(2) If debarment is not imposed,the City Manager shall notify the contractor and any
named affiliates involved ,by certified mail. return receipt requested. or personal
service, within ten (10) working days of the decision.
(i) All decisions of the Debarment Committee shaH 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 AppeHate Division of the Circuit Court. A debarred contractor may seek a
stay of the debarment decision in accordance with the Florida Rules of AppeHate Procedure.
Section 2-406. Period of debarment.
(a) The period of debarment imposed shaH be within the sole discretion of the Debarment
Committee. Debarment shaH 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 shaH
exceed five (5) years.
(b) The following guidelines in the period of debarment shall apply except where mitigating or
aggravating circumstances justify deviation:
(1) For commission of an offense as described in subsection 2404(a)(1): five (5) years.
(2) For commission of an offense as described in subsection 2404(a)(2): five (5) years.
(3) For commission of an offense as described in subsection 2404(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(b)(1) or (2): two (2)
to five (5) years.
(c) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon
the contractor's written request for reasons such as:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debarment was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
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(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 department shall have thirty (30) 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 ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day of March,2000.
PASSED and ADOPTED this 23rd day of Februarv, 2000.
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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 (RFP'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 ofthe 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 ofInterest,
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. There 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 ("RFP"), request for qualifications ("RFQ"),
request for letters of interest ("RFLI') or invitation for bid for goods and/or
services ("hereinafter, collectively referred to as the bid") may protest to the
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City Manager or his or her designee. Protests arising from the decisions and
votes of any evaluation or selection committee shall be limited to protests based
upon alleged deviation(s) from established purchasing procedures set forth in
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.
(b) 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 out-of-pocket expenses.
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(d) Authority to Resolve Protests. The City Manager or his or her designee shall
have the authority to settle and resolve a protest concerning the solicitation or
award of a bid.
(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. The aeteffilinatisn of the City Manager afla the City
,^.ttomey with regard to all proceffiual aad technical matters shall Be fiaa!.
(f) Decision and Appeal Procedures. Ifthe bid protest is not resolved by mutual
agreement, the City Manager and the City Attorney, or their respective
designees, shall promptly issue a decision in writing. The decision shall
specifically state the reasons for the action taken and inform the protestor of his
or her right to challenge the decision. Any person aggrieved by any action or
decision of the City Manager, the City Attorney, or their respective designees,
with regard to any decision rendered under this section may appeal said decision
by filing an original action in the Circuit Court of the Eleventh Judicial Circuit
in and for Miami-Dade County, Florida, in accordance with the applicable court
rules. Any action not brought in good faith shall be subject to sanctions
including damages suffered by the City and attorney's fees incurred by the City
in defense of such wrongful action.
(g) Distribution. A copy of each decision by the City Manager and the City
Attorney shall be mailed or otherwise furnished immediately to the protestor.
(h) Stay of Procurements During Protests. In the event ofa timely protest under
this section, the City shall not proceed further with the solicitation or with the
award pursuant to such bid unless a written determination is made by the City
Manager, that the award pursuant to such bid must be made without delay in
order to protect a substantial interest of the City.
(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 concerning the subject matter of the protest.
U) 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 ofthe 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.
(I) The determination of the City Manager and the City Attorney with regard to all
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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 ofthe remaining portions ofthis 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 ofthis Ordinance shall become and be made part ofthe Code ofthe City
of Miami Beach, Florida, The sections ofthis 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 Januarv. 2002.
PASSED on First Reading this 19th day of December ,200 I.
PASSED and ADOPTED on Second Reading this 9th day of Januarv . 2002.
APPRCMD AS 10
FORM & I.ANGlIAGE
& FOR EXECI.ITION
~ ';.t-'l
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ORDINANCE NO.
2003-3389
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 2, ARTICLE VII BY CREATING DIVISION 5 THEREOF ENTITLED
"CAMPAIGN FINANCE REFORM", AND FURTHER AMENDING CITY CODE
SECTION 38-6 ENTITLED "PROHIBITED CAMPAIGN CONTRIBUTIONS BY
VENDORS" AND CITY CODE CHAPTER 2 BY TRANSFERRING SAID
SECTION FROM CHAPTER 38 OF THE CODE TO CITY CODE CHAPTER 2,
ARTICLE VII, DIVISION 5, RENUMBERING CODE SECTION 38-6 TO CODE
SECTION 2-487; AMENDING SAME BY MANDATING THAT THE CITY
PUBLISH NOTICE REQUIREMENTS OF THIS ORDINANCE, ESTABLISHING
RESPONSIBILITY OF CANDIDATES FOR ELECTED OFFICE TO DETERMINE
STATUS OF POTENTIAL DONOR AS VENDOR, CLARIFYING AND CREATING
DEFINITIONS, CREATING ADDITIONAL WAIVER PROVISION WHEN
TERMINATION OF EXISTING CONTRACT WOULD BE ECONOMICALLY
ADVERSE TO CITY'S BEST INTERESTS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Article VII, is hereby amended by the
creation of Division 5 thereof entitled "Campaign Finance Reform" and is further amended by
transferring Section 38-6 entitled "Prohibited Campaign contributions by Vendors" from City Code
Chapter 38 to City Code Chapter 2, Article VII, Division 5 and renumbering said Section 38-6 to
Section 2-487, to read as follows:
DIVISION 5. CAMPAIGN FINANCE REFORM
Sec. ~ 2-487. Prohibited Campaign Contributions by Vendors
WA. General.
(1) W No perseR ',v-ae is a vendor ts the eit)' shall give a campaign contribution
directly,or thnnigfl a member sfthe persoR's immediate family, sr threl:lgfl. a politieal
aetioR eemmittee, sr thrsagh aR)' other perseR, indirectly to a candidate, or to the
campaign committee of a candidate, for the offices of mayor or commissioner.
Commencing on the effective date of this ordinance. all proposed city contracts. as
well as requests for proposals (RFP). requests for Qualifications (RFO). requests for
letters of interest (RFLn. or bids issued by the City. shall incorporate this Ordinance
so as to notify potential vendors of the proscription embodied herein.
(Q) No candidate, or campaign committee of a candidate for the offices of mayor
or commissioner, shall selieit er reeei\'e deposit into such candidate's campaign
account any campaign contribution directlv or indirectly from a perseR whe is a
vendor to the eity, or t-areugh a memBer sfthe perseR's immediate family, er thF8ugh
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a politieal aetioR eommiftee, or tflFO~gh aRY other persoR OR behalf of the persoR.
This prohibitioR applies to natural persons and to persoRs who hold a eORtrolliRg
financial interest in b\isiRess eRtities. Candidates (or those acting on their behalf)
shall ensure compliance with this code section bv confirming with the Procurement
Division's City records (including City of Miami Beach website) to verifY the vendor
status of any potential donor.
(2) A fine of up to $500.00 shall be imposed on every person who violates this
prohibitioR section. Each act of solicitatiaR, giving or reeei';ing depositing a
contribution in violation of this paragreph section shall constitute a separate
violation. All contributions reeeived deposited by a candidate in violation of this
paregraph section shall be forfeited to the city's general revenue fund.
(3) A person or entity who directly or thfel:lgh a member of the pemoR's immediate
family, or through a politieal actioR committee, or through aHY other person
indirectly makes a contribution to a candidate who is elected to the office of mayor
or commissioner shall be disqualified for a period of 12 months following the
swearing in of the subject elected official from tr-llllsactiRg b~siness serving as a
vendor with the city. This prohibitioR OR transaeting blisiness wit-h the city may be
wah'ea aRly in the !RaHRer pr-e';ided hereinbelow iR slibsectioR (b).
(4) As used in this section:
(a) L A "vendor" is a person and/or entity who traRsaets blisiRess with the eity,
ef has been appro'led by the city eommissiaR to traRsaet bHsiRess ':;itll the
city, or is listed aR the eity maHager's appra'ied veRdor list. selected bv the
City as the successful bidder on a present or pending bid for goods.
equipment or services. or has been ap~roved bv the City on a present or
pending award for goods. equipment or services. prior to or upon execution
of a contract. purchase order or standing order.
2. "Vendor" shall include natural persons and/or entities who hold a
controlling financial interest in a vendor entity. The term "controlling
financial interest" shall mean the ownership. directly or indirectly. of I 0% or
more of the outstanding capital stock in any comoration or a direct or indirect
interest of 10% or more in a firm. The term "firm" shall mean a comoration.
partnership. business trust or any legal entity other than a natural person.
1, For pumoses of this ordinance. "vendor" status shall terminate upon
completion of the agreement for the provision of goods. equipment or
servlces.
(Q)
For purposes of this section, the term "services" shall mean the rendering by
a vendor through competitive bidding or otherwise. of labor, professional
and/or consulting services to the City of Miami Beach.
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W /'. "eeRtriblltieR" is:
-h ,\ gift, subscriptioR, conveyaRee, aepesit, leaft, pllymeRt, or
ElistrislltieR efmeRey er aftythiRg of vallie, iRcllldiRg eeRtneHtieRs iR
kind haying aR attrislltable menetary "allle.
;h ,A. tFlinsfer ef Mas set-weeR pelitieal eemmia:ees, eetweeR
caffiHlittees ef eeRtinllalls existeRee, er eet-weeR a palitieal eeffiHlittee
aftd a eemmiUee ef cORtiRliOIlS existenee.
J.:. The p~'meRt, by aRY persaR ether than a eaftdidate er pelitieal
cemmittee, ef eempeRsatian fer the persaRal serviees af aftether
perseR ',yhieh are readerea ta a elllu:iidate er pelitieal eeffiHlia:ee
withellt eharge tEl the eaRdiaate er eemmittee for sHeh services.
~ The tfaftsfer Elf fuRas BY a eampaigR tFeaSliFer ar aepllty eampaiga
treaSlirer between a primary aepositery aRd a separate
iRterest eeariRg aeeauRt er eertificate ef aepesit, ana the tefffi
iHelliaes aft)' iHterest earned eR SI:1eh aeeeuHt er eelrtifieate.
W The term contribution shall have the meaning ascribed to such term in
Chaoter 106. Florida Statutes. as amended and suoolemented (cooies
available in City Clerks office).
W B. Conditions for waiver of prohibition. The requirements of this section may be waived ~
5/7th vote for a particular transaction by city commission vote after public hearing upon
finding that:
(I) i\R epeR te all sealed eempetiti'/e !:lliUl! pFepElsal has BeeH stfflmitted aRd the eity
offieial/aeRee has iR He way participated iR the aetefffiiHatien ef the bid
specifieatiens ar bid awara;
~ill The pFElperty goods. eQuioment or services to be involved in the proposed transaction
are unique and the city cannot avail itself of such property goods. eQuioment or
services without entering into a transaction which would violate this section but for
waiver of its requirements; or
~ill The business entity involved in the proposed transaction is the sole source of supply
withiR the eity as determined bv the City's Procurement Director in accordance with
procedures established in section 2-367(c) ofthe Miami Beach City Code; or(41ill
An emergency contract (as authorized by the City Manager oursuant to
section 2-396 of the Miami Beach City Code) must be made in order to protect the
health, safety or welfare of the citizens ofthe city, as determined by a five-sevenths
vote of the city commission~;...Q!
Bl A contract for the orovision of goods. eQuioment or services exists which. if
terminated by the City. would be adverse to the best economic interests of the City.
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Any grant of waiver by the city commission must be supported with a full disclosure ofthe subject
campaign contribution.
fejC. Applicability. This section shall be applicable only to prospective transactions, and the city
commission may in no case ratify a transaction entered into in violation of this section.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
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.
SECTION 4. 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 ofthis ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other
. .
SECTIO~ 5. J:FftqnvE DATE
PASSED and AOOP'l'ED t1d8 8th day of
,2003.
This Ordinance shall take effcct the ~tthday of
A'M'EST:
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(Requested by Commissioner 10so Smith, and approved by Gommunity Affairs Committee)
(passed on 1st RcadinS on December 11, 2002)
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F:IPURC\$ALLIRomanIORDINANCESICAMPAIGN ORDINANCE2003-3389.doc
ORDINANCE NO. 2002-3363
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE
ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE;
REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF
LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3
entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows:
Sec. 2-485. List of expenditures; fee disclosure; reporting requirements.
a. On October 1 of each year, lobbyist subject to lobbyist registration
requirements shall submit to the city clerk a signed statement under
oath as provided herein 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. The
statement shall list in detail each expenditure by category, including
food and beverage, entertainment, research, communication, media
advertising, publications, travel, lodging and special events.
L~.1I1:rllillf~~I.f#lffl;illi~. If no compensation has or will be paid concernino the
subiect lobbv services. a statement shall nonetheless be filed reflectino as such.
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c. Any change to information originally filed shall require that the lobbyist
principal under subsection (b) above) file,
debuiqhl"$&~I~dt~ri,ij~dMEiht The lobbyist principal) a
continuing duty to supply accurate information and amend said reports when so
needed.
fb1 @ The city clerk shall notify any lobbyist (or principal) who fails to timely file an
the expenditure or fee disclosure reports referenced in sections (a) and (b) above. In
addition to any other penalties which may be imposed as provided is section 2-485.1, a fine
of $50.00 per day shall be assessed for reports filed after the due date.
~ ~ The city clerk shall notify the Miami-Dade County Commission on Ethics and
Public Trust of the failure of a lobbyist (or principal) to file a either of the reports referenced
above and or pay the assessed fines after notification.
tG1 ill A lobbyist (or principal) may appeal a fine and may request a hearing before
the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the
fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15
calendar days of receipt of the notification of the failure to file the required disclosure form.
The Miami-Dade Commission on Ethics and Public Trust shall have the authority to waive
the fine, in whole or in part, based on good cause shown.
SECTION 2.
REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3.
SEVERABILITY
If 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.
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SECTION 4.
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 ofthis 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 or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article", or other appropriate word.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect 18th day of ~2002.
PASSED and ADOPTED on Second Reading this 8th day of Mav, 2002.
JfuM r~
CITY CLERK
ATTEST:
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
_1_"._11 reflects changes between first and second reading.
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