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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 ./}/'" /ff./.-< I . .,~.,.-.-- I .. Gus Lopez, CPPO Procurement Director mr 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 CONTRACT NAME__,_.~____ BUILDING ELEVATOR 0 CONTR"'Cl' NO. C... LBACI<S I CLUDE R l' ME 0 N ---~ L N , EG I 0 E~Ev..TOI\ SER1A~ NO. "--... ....SSlGNED'1'o, JtO\JTE NO \ u__ " ------. \ MONT" . . I " . TO THE MAINTENANCE TECHNICIAN \ '-~' THIS SERVICE RECORD IS DESIGNED AS '.JANUARY ..- I'iSRUARY \ --- A TOOL TO HELP YOU MAINTAIN THIS "'.tflCH \ EQUIPMENT AT PEAK OPERATING "'''RI\, -..-. EFFICIENCY, PROVIDING DEPENDABLE, ",...v ',- -j TROUBLE FREE SERVICE. ~uNE ON EVERY VISIT .W~. .JULY ------ , . AIDE CAR "'UGUST . OBSERVE 0.1:...."0l/ SEPTEMBER . ADJuST AS NEEDED OCTOBER A' . CONTACT MANAGER OR BUlL-DING ENGINEEA AT NOVEMBER 1\...- / OECt:MBER [(' " / LOCA lION OF 110 VOL I BREAKER: I MeCHANIC WILL INITIAL .I_VICE "RecltO AI'T&Jt ~c" IX"MINATOH. -, I' - PREVENr'!VE MAINTENANCE LOG - /' \ CHOCK THO ,.OCCOWIHG lTE... ~( CHECK OUAIlITE"-N01E AN" aIGNI'ICANT ANO. I'OINl'S .~ .....R. OCl'. ...ND MAKE NECIl../I...V CO'Ut,-CTION' TO N. ~UL. '''I.~E.K'' .H\n'po'WN.. EB. MAY AUG. NOV. MAR. ~U"'. .E~. DEC. --- ./ ,- I. "'''''N LINt \/01. T..v( I. r....(.I'U.lION .- <" ./ I. CO--.TAOl. C,fltCUIT \lOL.TA..Qt ./'... VOLl'...CE ". DOO" ~1t flC.C"rr'I€1f ~O&. 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I .. . .., i: ~ i :!...z ~i~ ... N . 2 . 4 ) , . ...SC. ?f: ~ .: "It r ~ ". r .. :! r ~e~ .. ... .. =: '" ~ ~ '" 2 ..... .. .. '" 1 .. n.. i: .. '" := . n = ... n lIII: n = .. !: , .: . ,. I , '" - -< .. .' i' I .! :. . I ,. , ., .1 '. . . , .' -, I . .' . CA" "IT % n n ., ! :: Q n " n }II )0 ~ )0 0 ..e f"' 0 0 r ja:W>>",::O~<O~ r : ~ 0 0 ., " .. ;: '" z ~Z;~~riH~~ :l · _ _ _. '. - 0 o r 0 -4 :D! i:1 Oz "'.. z " Z Z .2 rl - ..; " I;: _ ,!.. .. ~ ~ "l~: ; I ~ S ~ [ei all ~ ~ r. '" 4ft .. . . .. . . . .. . \1 .. ," . .. .. ::;:; . . . " . . . . . . HOISTWA Y .,..~ ~ -4 -, n n !j n ii E !: H ~ n ii z ! r .( ; 'i g: " c .. ~ - o ~ '- . .' I . . ./ . . ~ . . i' . I . :. . . . ., I !. I .' BID NO: 30-02/03 DATE: 06/04/03 I 1 . T I ; -r : I T 1 1 I 1 . 1 I . I I I .. . . . 1'OP 0' CA" ~~~OCl""%";:" ;1 t: 8 > ~ o;;~! l'" ~.. ;.~ ~.~ 0" "0-4 ! ~ ~ =,: :.: i.'~ i %~.. ::D Z ~]II "! 2~~;:a~~~ : ~;! = 8 . III t: . 2;~b2In~ oh:an~~O f I ~l"g<.< 11'\ .. ... n n :II _ .. ~ 0 ,. !J -t ~ .. . ! ./- 'j / I.... ... .v ........ .rr v v ;.. . . .. '\ . ..... L.J .. .. vI\. '. \ .... .. ... . . CITY OF MIAMI BEACH 27-IX I ! ......CHINI. ROO" . !;:.. 'l!J: ifn 8 ~ i:! ~ ~q:; :: " " ":0 xl- ~: z:: ~ ~:I:II ij z :: Q:;; 21. it", ;. Co " ~ 0 I~' II [.- ~ 0 < I ,- ;.; IZ . 1ft" iVlI ~i ~.= i .' 11"1 r )0: 1-"' jr --(I x: j::1 I ~ie I'll 1;"1 I~i~ II : I I I I - : g - . I '" o '" ~ '" i I o o . . I . . o ~ I';' 1 II - Z I N I , w' :' i", - I' '" . i , . . , i ! I , I ! I ' 1-' I 1 I , I I '1' I " IT I ! I I' - ~ ~ 0 I' ; _' II - ~ N ~ . w . " . < , J ,I. II ... ~ , 1 I '1', ! ' II ill 1 ' I l I ( 1 [- I ! ! I ! i I I , I ! "" i i I I I I 1 . 'I I ! '" II II '" '" .'11 '" I ill , [ : i,I.:. I I ; i ! ! .! ' i , I 1'-['; . .'. i I ! I II I! )' , . ~ .}.[. UII III -j f 00; 1---; ... 0 ~ .. ~ ~ . i . ~ II \0 <II I: o 0 1"1 _ 0 :;; - . < , ;:: ,.. z o ) r 2 o ,-;- I I I '" - r r ID - n ~ .. , .. . ~ ~ ~ .. . n n . .. . . . . (; ; n - . ~ ; w . _ 0 C I '" 0 . . . ~ I - I I .. I I o - . '" ~ i "" 1 . .. .I- U' '" . - '" i TT , o T i I : =~,; z ;: '" c: - 0 ::~g~ _ ij n"" ~ ')0'" ~~~~~ ~ ~ ! ; lJ .. ~: z x .... iil ~ tD 8 . 00 ~ ~ 2 ~ ; ~ ~ ~ r,; . 1 .. -c )-< o#~~..c -o.~n; C I.. r Jl: : "" c: i .; ;:: ~ Z Q ; ! I I 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 /}/'. .?~" -r ,/ ../.,---" 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._ ..--. .......... '\. . I . -'J I ., -j ; ---- , \ NO"""" , . \ \ \" 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 "NO T1IolED IIEL.IlVlI tWMIIN UeID) I'OWER UNIT MACHINE ",.lIC. ./ I '\ I \ +~ \ :Hf\ \ '.- T\ ';- I' , \ I ,-I """-T I --- I JANUARY ~."UAIIY MAftCH "pill( ..."y '. JUNE ...... .-. JUL.Y "UGUIIT lIEl'nM.E" OCTOaER NOVEMaE" DECEMa..R 1--- ,<" " .-r / / // CHIlCK TtotE 'OLLOWING ITIIN' o~~-; ~/ 'UA.TI"~~-NOTE. 1lI...., .IGNI"'IC~::G~_ _ AHD MAKe NEel...,.... 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C ) , , 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 / ;: '..'.nll)'~")...~"':'-. iti.'.'I.-,~-,>'i'~r "K't;;. "t . . ' .1,};teL "ft:x; , .' --h .qi;\-.. ,,~1."f1:1 trf. '- ,~!, :..I~~lri-;: ,;,!'Ji<l~} '~i~,"'~ i1t~~11')11.J1 t;.;~:;:r:-~', ':':'~1 .', ':i/J2~'!;~':I'if..r,rf~ff;'tf:riJ?ik'1;jr.).\ iI.. I; ~~sj(r::~ -"~lfIO: _C1!fi(I~'" . .I' oJ,J.J j;l. ~. ,il.f~-~j ~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 so.oo o o so.oo so.oo o o o o o o o o o ft))~[1Jm l[ 1fT - 2 2lI1Z LD1 BfJJ1t~~~ m'd n: 6 ~()()(: 17<: lor lS8l~9S0~6:Xl?.:J so 00 SO.oo SO.OO SO.OO SO.OO SO.OO SO.OO $0.00 SO.OO $0.00 SO.OO $0.00 $0.00 $0.00 SO.OO $0.00 SO.OO $0.00 $0.00 SO.OO $0.00 $0.00 SO.OO 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 BID NO: 30-02/03 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. BID NO: 30-02/03 DATE: 06/04/03 CITY OF MIAMI BEACH 52 (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; BID NO: 30-02/03 DATE: 06/04/03 CITY OF MIAMI BEACH 53 (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. BID NO: 30-02/03 DATE: 06/04/03 CITY OF MIAMI BEACH 54 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. BID NO: 30-02/03 DATE: 06/04/03 CITY OF MIAMI BEACH 55 (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. BID NO: 30-02/03 DATE: 06/04/03 CITY OF MIAMI BEACH 56 (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. BID NO: 30-02103 DATE: 06/04/03 CITY OF MIAMI BEACH 57 (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. BID NO: 30-02/03 DATE: 06/04/03 CITY OF MIAMI BEACH 58 (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. BID NO: 30-02/03 DATE: 06/04/03 CITY OF MIAMI BEACH S9 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 BID NO: 30-02/03 DATE: 06/04/03 CITY OF MIAMI BEACH 60 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. BID NO: 30-02/03 DATE: 06/04/03 CITY OF MIAMI BEACH 61 (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 BID NO: 30-02103 DATE: 06/04/03 CITY OF MIAMI BEACH 62 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 BID NO: 30-02103 DATE: 06/04/03 CITY OF MIAMI BEACH 63 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 BID NO: 30-02103 DATE: 06/04/03 CITY OF MIAMI BEACH 64 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. BID NO: 30-02/03 DATE: 06/04/03 CITY OF MIAMI BEACH 65 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. BID NO: 30-02/03 DATE: 06/04/03 CITY OF MIAMI BEACH 66 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: ~~~ (Requested by Commissioner 10so Smith, and approved by Gommunity Affairs Committee) (passed on 1st RcadinS on December 11, 2002) JK.O\kw 1',\1mo\()LlJ\.RE$..()1U)I3um..~ OrdiUrl.e.,\N6".2003.;!a:38t .... JlJDIDM18 .....~ ...ID....... ~~,a2- BID NO: 30-02/03 CITY OF MIAMI BEACH DATE: 06/04/03 67 F:IPURC\$ALLIRomanIORDINANCESICAMPAIGN ORDINANCE2003-3389.doc ORDINANCE NO. 2002-3363 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3 entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows: Sec. 2-485. List of expenditures; fee disclosure; reporting requirements. a. On October 1 of each year, lobbyist subject to lobbyist registration requirements shall submit to the city clerk a signed statement under oath as provided herein listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. The statement shall list in detail each expenditure by category, including food and beverage, entertainment, research, communication, media advertising, publications, travel, lodging and special events. L~.1I1:rllillf~~I.f#lffl;illi~. If no compensation has or will be paid concernino the subiect lobbv services. a statement shall nonetheless be filed reflectino as such. BID NO: 30-02/03 DATE: 06/04/03 CITY OF MIAMI BEACH 68 c. Any change to information originally filed shall require that the lobbyist principal under subsection (b) above) file, debuiqhl"$&~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. BID NO: 30-02/03 DA TE: 06/04/03 CITY OF MIAMI BEACH 69 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. JKOlkw F:A TTOIOLlJIRES,ORD\2-485.0RD.DOC mROVEDftSro fORM&~ .. FOR EXECu""'~ ~~~-tY ClIY N/IOIftrIIf BID NO: 30-02/03 DATE: 06/04/03 CITY OF MIAMI BEACH 70