2000-24065 RESO
RESOLUTION NO. 2000-24065
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ)
NO. 134-99/00 FOR DESIGN, AND CONSTRUCTION ADMINISTRATION
SERVICES IN CONJUNCTION WITH THE STREETS CAPE
IMPROVEMENTS OUTLINED IN THE NOVEMBER 2, 1999 GENERAL
OBLIGATION (GO) BOND PROJECTS LIST.
WHEREAS, on November 2, 1999, the City of Miami Beach voters approved the
issuance of an approximately $92 million General Obligation (GO) Bond for Neighborhood, Parks and
Beaches, and Fire Safety Improvements; and
WHEREAS, the City has identified projects requiring water, wastewater, and
stormwater improvements; and
WHEREAS, the Administration desires to contract with design professionals for
planning and preparation of the constructionlbidding documents needed to undertake the work outlined
in the identified GO Bond projects; and
WHEREAS, the Administration has drafted a Request for Qualifications for providing
the said services and set a tentative date of October 20, 2000, as the deadline for receipt of qualifications;
and
WHEREAS, the Administration reported its intent to issue the RFQ to the General
Obligation Bond Oversight Committee at its August 7, 2000 meeting.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Administration to issue Request for Qualifications (RFQ) No. 134-99/00
for design, and construction administration services in conjunction with the streetscape improvements
outlined in the November 2,1999 General Obligation (GO) Bond Projects list.
PASSED and ADOPTED this 13th
day of September, 2000
1f MAYOR
ATTEST:
~~
CITY CLERK
F:\WORK\SALL\DEI'AZOSJ\GOBonds\GO RiQ Reso-memo.doc
APPROVED />S TO
FORM & LANGUAGE
& FOR EXECUTION
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Group I RFQ Neighborhood Districts
Normandy Shores
Oceanfront
Bayshore
star, Palm &
Hibiscus Islands
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alY or "AMI BEAai
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO.
(;, 1[-00
SUBJECT:
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. Gonzalez \ ._~
City Manager G~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ)
NO. 134-99/00 FOR DESIGN, AND CONSTRUCTION ADMINISTRATION
SERVICES IN CONJUNCTION WITH THE STREETSCAPE
IMPROVEMENTS OUTLINED IN THE NOVEMBER 2, 1999 GENERAL
OBLIGATION (GO) BOND PROJECT LIST.
DATE: September 13,2000
TO:
FROM:
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On November 2,1999, the City of Miami Beach voters approved the issuance ofan approximate $92
Million General Obligation (GO) Bond for Neighborhood, Park and Beach and Fire Safety
Improvements.
To implement the bond projects, the Administration requires the services of design professionals for
planning, design and preparation of the constructionlbidding documents needed to undertake the
work in accordance with the project list.
The Administration has drafted the attached Request for Qualifications (RFQ) to solicit proposals
from qualified consultants to proceed with the projects listed below. This RFQ represents the first
four of eleven projects requiring professional services. These projects have had extensive initial
planning and input from each neighborhood group. It is the intent of this RFQ to evaluate and
recommend award of each project individually, based on project specific qualifications. Respondents
are to submit separate qualifications for each project and shall not be limited to one (I) project.
AGENDA ITEM Ci M
DATE 9- 13-00
Commission Memorandum
September 13, 2000
Page Two
PROJECT NO. 1
Star, Palm, and Hibiscus Islands
The project consists of providing streetscape improvements within an allocated budget, following
a priority list submitted by area residents to include: sidewalks, curb and gutter, landscaping and
irrigation, paving/resurfacing and markings, signage, parking layout, traffic calming, street lighting
and drainage improvements. An evaluation of existing utilities may necessitate upgrading or
replacement of water, lead services and sewer infrastructure as part of the proposed improvements.
Residents are considering a special assessment district for underground electric, cable and telephone
service, which, if approved, will be included in the scope of this project. The total allocation for this
project, which includes G.O. Bonds, Water & Sewer Bonds, and proposed Stormwater Bonds, is
$3,682,884. Not all of the allocation will require design or construction documents.
PROJECT NO.2
Normandy Shores
The project consists of providing streetscape improvements within an allocated budget, following
a priority list submitted by area residents to include: comprehensive landscaping and irrigation,
traffic calming, sidewalks, street lighting, street resurfacing, swale enhancement, parking layout, and
drainage improvements. Evaluation of existing utilities may also necessitate upgrading the water
and sewer systems. Residents are considering a special assessment district for underground electric,
cable and telephone service, which, if approved, will be included in the scope ofthis project. The
work wil1 also consist of coordination with other consultants with respect to the Normandy Shores
Golf Course improvements. The total allocation for this project, which includes G.O. Bonds, Water
& Sewer Bonds, and proposed Stormwater Bonds, is $8,822,695. Not all of the total allocation will
require design or construction documents.
PROJECT NO. 3
Bayshore
The project consists of providing streetscape improvements within an allocated budget, following
a priority list submitted by area residents to include: street resurfacing and new pavement markings,
swale restoration and/or curb and gutter, sidewalks, street lighting upgrades, enhanced landscaping,
traffic calming and traffic operational improvements. An evaluation of existing utilities may
necessitate upgrading or replacement of water, sewer and drainage infrastructure as part of the
proposed improvements. Residents are considering a special assessment district for underground
electric, cable and telephone service, which, if approved, wil1 be included in the scope of this project.
The work wil1 also consist of coordination with other consultants with respect to the Bayshore Golf
Course improvements. The total allocation for this project, which includes G.O. Bonds, Water &
Sewer Bonds, and proposed Stormwater Bonds, is $14,533,696. Not all ofthe total allocation wil1
require design or construction documents.
Commission Memorandum
September 13, 2000
Page Three
PROJECT NO. 4
Oceanfront
The project consists of providing streetscape improvements within an allocated budget, following
a priority list submitted by area residents to include: street resurfacing and new pavement markings,
swale restoration and/or curb and gutter, sidewalks, street lighting upgrades, enhanced landscaping,
and shoreline enhancements along Indian Creek in coordination with the Indian Creek Greenway
Plans, and enhancement of beach front street ends for pedestrian use. An evaluation of existing
utilities may necessitate upgrading or replacement of water, sewer and drainage infrastructure as part
of the proposed improvements. The total allocation for this project, which includes G.O. Bonds and
Water & Sewer Bonds, is $7,026,818. Not all of the total allocation will require design or
construction documents.
The G.O. Bond program has allocated $57 million dollars for neighborhood roadway improvements.
A portion of these funds will be utilized in conjunction with proposed water, wastewater and
stormwater Revenue Bond Funds to address critical infrastructure needs.
A number of priority projects have emerged based on the analysis done by the Consultants who have
worked with the City to develop the Water/Wastewater and Storm-Water programs (Camp Dresser
& McKee Inc., CH2M HILL and Kimley Horn and Associates, Inc.) and the concerns expressed by
the community in the initial G.O. Planning meetings. In addition, a number of projects have
previously been designated for priority action but have not moved forth due to lack of funding.
The intent of this RFQ is to initiate the selection of consultant teams to master plan and design the
initial combined above and below ground projects. Consultant contracts will be brought to the
Commission for approval when funding has been identified for all design aspects of the project. It
is anticipated that contracts will be brought for Commission approval in November, 2000. Design
and permitting for each of these projects will be nine to twelve months and construction could
commence in late 2001.
On November 17, 1999, the City Commission referred the $92 Million General Obligation Bond
Issue to a joint meeting of the Finance and Citywide Projects Committees. This referral included
a six year implementation plan for a variety of neighborhood improvement projects outlined in the
General Obligation Bond Project list and identified as needing water/wastewater and stormwater
improvements. This is the first group of projects identified as priority based on community input
and the required replacement of underground utilities. The G.O. Bond Oversight Committee, on
August 7, 2000, recommended Commission approval of this item.
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Attachment
F:\WORK\SALL\DBPAZOSJ\GOBonds\OQ RFQ Rcso-memo.doc
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CITY OF MIAMI BEACH
RFQ NO. 134-99/00
REQUEST FOR QUALIFICATIONS FOR
URBAN DESIGN, LANDSCAPE ARCHITECTURE, AND ENGINEERING SERVICES
FOR PLANNING, DESIGN, AND CONSTRUCTION ADMINISTRATION SERVICES
FOR STREETSCAPE AND UTILITY IMPROVEMENTS IN 4 NEIGHBORHOODS:
(1) STAR, PALM & HIBISCUS ISLANDS
(2) NORMANDY SHORES
(3) BA YSHORE
(4) OCEANFRONT
A PRE-QUALIFICATION CONFERENCE IS SCHEDULED FOR 10:00 A.M.
ON SEPTEMBER 25, 2000, AT THE FOLLOWING ADDRESS:
CITY HALL
FOURTH FLOOR
LARGE CONFERENCE ROOM
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA
RESPONSES ARE DUE ATTHE ADDRESS SHOWN BELOW
NO LATER THAN OCTOBER 17 AT 3:00 P.M.
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
PHONE: (305) 673-7490
FAX: (305) 673-7851
RFQ No: 134-99/00
DATE: 08/30/2000
1
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.U5 .
PROCUREMENT OIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
PUBLIC NOTICE
Request for Qualifications (RFQ> NO. 134-99/00
URBAN DESIGN, LANDSCAPE ARCHITECTURE, AND ENGINEERING SERVICES FOR PLANNING,
DESIGN, AND CONSTRUCTION ADMINISTRATION SERVICES FOR STREETSCAPE AND UTILITY
IMPROVEMENTS IN 4 NEIGHBORHOODS:
(1) STAR, PALM & HIBISCUS ISLANDS
(2) NORMANDY SHORES
(3) BA YSHORE
(4) OCEANFRONT
Scone of Services: To provide for the restoration and enhancement of each neighborhood's streets,
consistent with identified needs. Each of the proposed projects will include streetscape work with
restoration and enhancement of the neighborhood's street lighting, potable water, sanitary sewer, and
storm drainage infrastructure as needed.
Sealed qualifications will be received until 3:00 P.M. on October 17. 2000. at the following
address:City of Miami Beach, City Hall- Procurement Division, Third Floor, 1700 Convention
Center Drive, Miami Beach, Florida 33139.
Any response received after 3:00 p.m. on October 17, 2000, will be returned to the proposer
unopened. The responsibility for submitting qualifications before the stated time and date is solely
strictly the responsibility of the proposer. The City is not responsible for delays caused by mail,
courier service, including U.S. Mail, or any other occurrence.
A Pre-Qualification Conference is scheduled for 10:00 A.M. on Sentember 25. 2000 at the
following address: City of Miami Beach, City Hall- Fourth Floor Large Conference Room,
1700 Convention Center Drive, Miami Beach, Florida.
The RFQ package is available by calling DemandStar.com at (407) 975-3227 and requesting
Document #1343.
The City of Miami Beach, may at its sole and absolute discretion, reject any and all, or parts of any
and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive
any irregularities in the RFQ or in the responses received as a result of this RFQ, as deemed in the
best interest of the City of Miami Beach.
RFQ No: 134-99/00
DATE: 08/30/2000
2
The City of Miami Beach, may at its sole and absolute discretion, reject any and aU, or parts of
any and aU, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process;
or waive any irregularities in the RFQ or in the responses received as a result of this RFQ, as
deemed in the best interest ofthe City of Miami Beach.
You are hereby advised that this RFQ is subject to the "Cone of Silence, " in accordance with
Ordinance 99-3164. Requests for additional information or clarifications must be submitted in
writing to my attention, and may be forwarded via facsimile to: 305-673-7851.
ADDITIONALLY, A COpy OF ALL WRITTEN COMMUNICATION(S) REGARDING
THIS RFQ MUST BE FILED WITH THE CITY CLERK.
Firms are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance No.
2000-3234 (The City's Debarment Ordinance).
Gus Lopez, CPPO
Procurement Director
RFQ No: 134-99/00
DATE: 08/30/2000
3
TABLE OF CONTENTS
Pal!e
I. OVERVIEW AND QUALIFICATION PROCEDURES
II. SCOPE OF SERVICES
III. QUALIFICATION STATEMENT FORMAT
IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION
V. GENERAL PROVISIONS
VI. SPECIAL TERMS AND CONDITIONS
VII. ATTACHMENTS
VIII. QUALIFICATION DOCUMENTS TO BE COMPLETED AND RETURNED TO
CITY
RFQ No: 134-99100
DATE: 0813012000
4
SECTION I -REOUEST FOR QUALIFICATIONS OVERVIEW AND RESPONSE
PROCEDURES:
A. INTRODUCTIONIBACKGROUND
The City of Miami Beach consists of approximately seven (7) square miles of area, with a
population approaching 100,000 persons. The City has undergone a major economic
revitalization of the activities ofthe private sector in the past two decades. To accommodate
the anticipated growth of the City over the next few years, the City plans to undertake an
extensive program of capital improvements including the upgrading of the streetscapes, and
replacement and/or upgrading of water, sewer, storm drainage and street lighting
infrastructure in a number of neighborhoods over the next seven (7) years. These
improvements are expected to be funded, in whole or in part, through the General Obligation
bond issue, the proposed Water and Wastewater Bond Issue and/or Stormwater Bond Issue,
added to the City's on-going capital improvement activities funded through General Funds
or other funding sources.
This Request for Qualifications is being issued to obtain qualifications of professional
firms with the capability and experience to provide professional planning, urban
design, landscape architecture and engineering services for design, construction
documents, bidding, and construction administration of streetscape and utility
improvements in the following neighborhoods:
(1) STAR, PALM & HIBISCUS ISLANDS;
(2) NORMANDY SHORES;
(3) BA YSHORE; and
(4) OCEANFRONT
It is the intent of this RFQ to evaluate and recommend award of each project
individually, based on project-specific qualifications. Respondents are to submit
separate qualifications for each project and shall not be limited to one (1) project.
RFQ No: 134-99/00
DATE: 08/30/2000
5
B. RFQ TIMET ABLE
The anticipated schedule for this RFQ and contract approval is as follows:
RFQ issued
September 14,2000
Deadline for receipt of questions
October 6, 2000
Pre-Qualification Conference
September 25,2000 @ 10:00 a.m.
Deadline for receipt of responses
October 17,2000 @3:00p.m.
Evaluation committee meeting
Week of October 30th
Commission approval and authorization
to negotiate
November 15,2000
Contract negotiations
November 2000
Projected award date
December 6, 2000
Projected contract start date
January 1,2001
C. QUALIFICATION STATEMENT SUBMISSION
An original and ten (10) copies of complete responses must be received by October 17,
2000 at 3:00 p.m. and will be opened on that day at that time. The original and all copies
must be submitted to the Procurement Division in a sealed envelope or container stating
on the outside the respondent's name, address, telephone number, RFQ number and title,
and due date.
The responsibility for submitting a response to this RFQ to the Procurement Division on
or before the stated time and date will be solely and strictly that of the proposer. The City
will in no way be responsible for delays caused by the U.S. Post Office or caused by any
other entity or by any occurrence. Responses received after the RFQ due date and time
will not be accepted and will not be considered.
D. PRE-QUALIFICATION CONFERENCE
A pre-qualification conference is scheduled for 10:00 a.m. on September 25, 2000, at the
fo1\owing address:
City Hall, City Manager's Large Conference Room
1700 Convention Center Drive, Miami Beach, Florida
RFQNo: 134-99/00
DATE: 08/30/2000
6
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFQ is the Procurement Director at (305) 673-7490.
Proposers are advised that from the date of release of this RFQ until award of the
contract, no contact with City personnel related to this RFQ is permitted, except as
authorized by the contact person. Any such unauthorized contact may result in the
disqualification of the respondent's submittal.
Requests for additional information or clarifications must be made in writing to the
Procurement Director with a copy to the City Clerk's Office, no later than the date
specified in the RFQ timetable. Facsimiles will be accepted at (305) 673-7851.
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 RFQ.
Respondents should not rely on representations, statements, or explanations other than
those made in this RFQ or in any addendum to this RFQ. Respondents are required to
acknowledge the number of addenda received as part of their responses. The respondent
should verify with the Procurement Division prior to submitting a response that all
addenda have been received.
F. RESPONSE GUARANTY
None required.
G. MODlFICA TIONIWITHDRA W ALS OF SUBMITTALS
A respondent may submit a modified response to replace aU or any portion of a previously
submitted response up until the RFQ due date and time. Modifications received after the RFQ
due date and time wiU not be considered.
Responses shaU be irrevocable until contract award unless withdrawn in writing prior to the RFQ
due date or after expiration of 120 calendar days from the opening of responses without a
contract award. Letters of withdrawal received after the RFQ due date and before said expiration
date and letters of withdrawal received after contract award will not be considered.
H. RFQ POSTPONEMENT/CANCELLATIONIREJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all,
responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any
irregularities in this RFQ or in any responses received as a result of this RFQ.
RFQ No: 134-99/00
DATE: 08/30/2000
7
I. COST INCURRED BY RESPONDENTS
All expenses involved with the preparation and submission of responses to the City, or any work
performed in connection therewith, shall be the sole responsibility of the respondent(s) and not
be reimbursed by the City.
J. VENDOR APPLICATION
Prospective bidders should register with the DemandStar.com (the City's Vendor Database
Management Firm); this wi\l facilitate their receipt of future notices of solicitations when they
are issued. Potential bidders may contact DemandStar.com at (800) 711-1712 or register on-line
at www.Demandstar.com.
It is the responsibility of the bidders to inform DemandStar.com concerning any changes, such as
new address, telephone number, or commodities.
It is the responsibility of the bidders to inform the City concerning any changes, including new
address, telephone number, or commodities.
K. EXCEPTIONS TO RFQ
Respondents must clearly indicate any exceptions they wish to take to any of the terms in this
RFQ, and outline what alternative is being offered. The City, after completing evaluations, may
accept or reject the exceptions. In cases in which exceptions are rejected, the City may require
the respondent to furnish the services or goods originally described, or negotiate an alternative
acceptable to the City.
L. SUNSHINE LAW
Respondents are hereby notified that all information submitted as part of a response to this RFQ
wi\l be available for public inspection after opening of responses, in compliance with Chapter
286, Florida Statutes, known as the "Government in the Sunshine Law".
M. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussion, or may
require respondents to give oral presentations based on their responses. The City reserves the
right to enter into negotiations with the selected respondent and if the City and the selected
respondent cannot negotiate a mutually acceptable contract, the City may terminate the
negotiations and begin negotiations with the next selected respondent. This process may
continue until a contract has been executed or all responses have been rejected. No respondent
shall have any rights in the subject project or property or against the City arising from such
negotiations.
RFQ No: 134-99/00
DATE: 08/30/2000
8
N. PROTEST PROCEDURE
Respondents that are not selected may protest any recommendations for contract award by
sending a formal protest letter to the Procurement Director, which letter must be received no later
than 5 calendar days after award by the City Commission. The Procurement Director will notify
the protester of the cost and time necessary for a written reply and all costs accruing to an award
challenge shall be assumed by the protester. Any protest received after 5 calendar days from
contract award by the City Commission will not be considered, and the basis or bases for said
protest shall be deemed to have been waived by the protester.
O. RULES; REGULATIONS; LICENSING REQUIREMENTS
Respondents are expected to be familiar with and comply with all Federal, State and local laws,
ordinances, codes, and regulations that may in any way affect the services offered, including the
Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform
Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the respondent will
in no way relieve it from responsibility for compliance.
P. DEFAULT
Failure or refusal of a respondent to execute a contract upon award by the City Commission, or
untimely withdrawal of a response before such award is made and approved, may result in
forfeiture of that portion of any surety required as liquidated damages to the City; where surety is
not required, such failure may result in a claim for damages by the City and may be grounds for
removing the respondent from the City's vendor list.
Q. CONFLICT OF INTEREST
All respondents must disclose with their response the name(s) of any officer, director, agent, or
immediate family member (spouse, parent, sibling, child) who is also an employee of the City of
Miami Beach. Further, all respondents must disclose the name of any City employee who owns,
either directly or indirectly, an interest often (10%) percent or more in the respondent or any of
its affiliates.
R. RESPONDENT'S RESPONSIBILITY
Before submitting responses, each respondent shall make all investigations and examinations
necessary to ascertain all conditions and requirements affecting the full performance of the
contract. Ignorance of such conditions and requirements resulting from failure to make such
investigations and examinations will not relieve the successful respondent from any obligation to
comply with every detail and with all provisions and requirements of the contract documents, or
will be accepted as a basis for any claim whatsoever for any monetary consideration on the part
of the respondent.
RFQ No: 134-99/00
DATE: 08/30/2000
9
S. RELATION OF CITY
It is the intent of the parties hereto that the successful respondent be legaUy considered to be an
independent contractor and that neither the respondent nor the respondentOs employees and
agents shall, under any circumstances, be considered employees or agents ofthe City.
T. PUBLIC ENTITY CRIME (PEe)
A person or affiliate who has been placed on the convicted vendor list foUowing 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 ofthe threshold amount provided in Sec. 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
AU respondents are expected to be or become familiar with aU City of Miami Beach Lobbyist
laws, as amended from time to time. Respondents shall ensure that aU City of Miami Beach
Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed
herein, in addition to disqualification of their responses, in the event of such non-compliance.
V. CONE OF SILENCE
Pursuant to Section 2-486 ofthe City Code, firms are hereby advised that the City's Cone of
Silence is attached and made part of this RFQ.
W. DEBARMENT ORDINANCE
Bidders are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance
No. 2000-3234 (The City's Debarment Ordinance). Bidders are strongly advised to review the
City's Debarment Ordinance. Debarment may constitute grounds for termination ofthe contract
as well as disqualification from consideration on any City of Miami Beach RFP, RFQ, RFLI, or
bid.
RFQNo: 134.99/00
DATE: 08/30/2000
10
X. CODE OF BUSINESS ETHICS
Pursuant to Resolution No.2000-23879 each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement
Division with your bid/response or within five days upon receipt of request.
The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all
applicable governmental rules and regulations including, among others, the conflict of interest,
lobbying and ethics provision of the City Code.
SECTION II -SCOPE OF SERVICES
Group I Neighborhood Streetscape Proiects
The purpose of the Neighborhood Streetscape Projects is to provide for the restoration and
enhancement of the each neighborhood's streets, consistent with identified needs and the
community's desires as expressed during the Neighborhood Planning Meetings held from March
through June of 2000. Each of the proposed projects will include streetscape work with restoration
and enhancement of the neighborhood's street lighting, potable water, sanitary sewer, and storm
drainage infrastructure as needed.
Aboveground improvements may include restoration and enhancement to the function and aesthetics
of streetscapes. This work may include:
. Street resurfacing and new pavement markings.
. Swale restoration, and/or curb and gutter restoration or upgrades.
. Repair, extension, or widening of sidewalks and crossing ramps to provide
continuous, ADA-Title III compatible separated pedestrian ways.
. Installation of new pedestrian-scale street lighting and/or upgrade of existing lighting
to correct deficiencies where needed.
. Providing enhanced landscaping and irrigation within the street ROW, consistent
with community preferences.
. Improving of dead-end streets with lighting, landscaping, fencing, and/or parking,
where appropriate.
. Providing pedestrian amenities, consistent with community preferences.
RFQ No: 134-99/00
DATE: 08/30/2000
II
. Physical and/or operational improvements to local streets for the purposes of
increasing pedestrian, non-motorized vehicle, and vehicular safety; and lowering
vehicular speeds
The aboveground improvements will be coordinated with underground infrastructure improvements,
which may include:
. Upgrading the drainage collection system
. Repair or replacement of water mains and sanitary sewer lines
These infrastructure improvements are generally identified in: the City of Miami Beach
Comprehensive Stormwater Management Program Master Plan, (March 1997), the City of Miami
Beach Water System Master Plan, (November, 1994), and the Citywide Sanitary Sewer Infiltration
and Inflow Mitigation Program, and in subsequent amendments to the plans. The work may also
include surveying and obtaining permits from the local or state agencies having jurisdiction.
Residents of some neighborhoods are considering a special assessment district for underground
electric, cable and telephone service, which if approved, may be included in the scope of this project
for design and construction administration. The work will also consist of coordination with other
consultants with respect to other planned G.O. Bond-related improvements,
Within the neighborhoods, certain streets that may be designed to provide traffic calming with the
desired effect of lowering the speeds of vehicular traffic. These streetscapes may also include
operational enhancements such as traffic control devices, and temporary and permanent traffic
control devices, such as: diverters, roundabouts, bulb-outs, mid-block chokes, or marked bicycle
facilities. Within the multi-family areas, streets should be designed to provide additional, organized,
on-street parking.
The first phase of each neighborhood project will include survey and analysis of existing conditions
and needs, program planning and cost analysis, The consultant team will be expected to make
quality, clear presentations for neighborhood organizations and City Boards, and to forge a
consensus plan with City staff and the community, This neighborhood improvement plan may
include schematic design for improvements throughout the neighborhood, and a program for
implementation including phasing, timetable, and budget.
Depending upon the implementation program approved in the first phase, the consultant team will
be issued task orders to perform additional work on appropriate portions of the neighborhood
improvements. This may include design development, construction drawings and specifications,
bidding documents, cost estimates and construction schedules. The consultant may also be requested
to review construction bids, to provide construction administration services, and to provide
coordination between active construction projects in the same or adjacent areas. An work will be
expected to be provided in digital formats in coordination with the City's Public WorkslEngineering
Department.
RFQ No: 134-99/00
DATE: 08/3012000
12
The selected team will assist the City in regard to public information, which may be required in
relation to the assigned construction projects., as well as undertake construction administration,
including visiting jobsites regularly to monitor construction progress, provide value engineering
throughout the project, review, monitor and approve payment requisitions from the contractor
and consultant, provide bimonthly progress reports and status information on the assigned
project(s) to City officials, attend and address meetings with City officials, neighborhood groups,
and private citizens concerning the project, respond to questions and concerns about the project
at City Commission meetings, approve Requests for Change Orders, maintain files
of all documentation and correspondence relating to the project in an orderly system which will be
submitted to the City upon completion of the project(s). The team will ensure compliance by all
contractors with safety and affirmative action policies, review and monitor traffic plans and
safeguard existing facilities during construction.
The selected team will provide at least bimonthly progress reports and status information on the
assigned project(s) to City officials, attend and address meetings with City officials, neighborhood
groups, and private citizens concerning the project, respond to questions and concerns about the
project at City Commission meetings, maintain files of all documentation and correspondence
relating to the project in an orderly system which wi\1 be submitted to the City upon completion of
the project.
The selected team will ensure compliance by all contractors with safety and affirmative action
policies, review and monitor maintenance of traffic (MOT) plans, and safeguard existing facilities
during construction. Iflegal issues should arise relating to the project after completion, the selected
team will provide records, depositions, and testimony about the project if necessary on a
supplementary fee basis.
Interested teams must demonstrate streetscape and utility design and construction administration
expertise, based on the successful completion of a number of projects of substantial size and
complexity for other govermnental and/or private entities. Teams with extensive experience and
capability are invited to submit details of their qualifications and experience.
PROJECT NO.1
RFQ No: 134-99/00
DATE: 08/30/2000
13
STAR. PALM AND HIBISCUS ISLANDS (excJudine: Venetian Islands)
Design Project Team Composition: An urban designer/planner should head the design team,
which should include a landscape architect and an engineer with extensive experience in
streetscape design, traffic calming, drainage and water/sewer utilities.
Star, Palm and Hibiscus Islands Project Description: Star, Palm and Hibiscus Islands consist
of a single-family residential area. The project consists of providing streetscape improvements
within an allocated budget, following a priority list submitted by area residents to include:
sidewalks, curb and gutter, landscaping and irrigation, paving/resurfacing and markings, signage,
parking layout, traffic calming, street lighting and drainage improvements. An evaluation of
existing utilities may necessitate upgrading or replacement of water, lead services and sewer
infrastructure as part of the proposed improvements. Residents are considering a special
assessment district for underground electric, cable and telephone service, which, if approved, will
be included in the scope ofthis project.
The work may also include surveying and obtaining permits from Miami-Dade County
Department of Environmental Resources Management for storm drainage system. The qualified
team may be responsible for planning and design with community input, and production of final
bidding/construction documents and drawings, preparation of cost estimates and specifications in
coordination with the City's Public WorkslEngineering Department. Water line replacement and
upgrades in the amount of $830,577 are funded by the Series 2000 Water & Sewer Bonds.
Proposed funding for Stormwater improvements is $2,252,307. The total G.O. Bond allocation
for this neighborhood is $600,000. The total allocation for this project is $3,682,884. Not all of
the total allocation will require design or construction documents.
The City of Miami Beach intends to issue this work on a task order basis for any part of the
improvements within each neighborhood, The selected team may be requested to incorporate
existing designs and or construction documents into the overall design.
A copy ofthe neighborhood projects plan titled "Islands" (conceptually approved by the GO
Bond Oversight Committee in July, 2000) is attached in Section VII.
RFQ No: 134-99/00
DATE: 08/30/2000
14
PROJECT NO.2
NORMANDY SHORES
Design Project Team Composition: An urban designer/planner should head the design team,
which should include a landscape architect and an engineer with extensive experience in
streetscape design, traffic calming, drainage and water/sewer utilities.
Normandy Shores Project Description: Normandy Shores is a residential island with
approximately 300 single family homes and 43 apartment buildings surrounding the Normandy
Shores Golf Course and Fairway Park. The project consists of providing streetscape
improvements within an allocated budget, following a priority list submitted by area residents to
include: comprehensive landscaping and irrigation, traffic calming, sidewalks, street lighting,
street resurfacing, swale enhancement, parking layout, and drainage improvements. Evaluation
of existing utilities may also necessitate upgrading the water and sewer systems. Residents are
considering a special assessment district for underground electric, cable and telephone service,
which, if approved, will be included in the scope ofthis project. The work will also consist of
coordination with other consultants with respect to the Normandy Shores Golf Course
improvements.
The work may also include surveying and obtaining permits from Miami-Dade County
Department of Environmental Resources Management for storm drainage system. The qualified
team may be responsible for planning and design with community input, and production of final
bidding/construction documents and drawings, preparation of cost estimates and specifications in
coordination with the City's Public Works/Engineering Department. Water line replacement and
upgrades in the amount of$I,711,304 are funded by the Series 2000 Water & Sewer Bonds.
Proposed funding for Stormwater improvements is $3,711,39\. The total G.O. Bond allocation
for this neighborhood is $3,400,000. The total allocation for this project is $8,822,695. Not all of
the total allocation will require design or construction documents.
The City of Miami Beach intends to issue this work on a task order basis for any part of the
improvements within each neighborhood. The selected team may be requested to incorporate
existing designs and or construction documents into the overall design.
A copy of the neighborhood projects plan titled "Normandy Shores"(conceptually approved by
the GO Bond Oversight Committee in July, 2000) is attached in Section VII.
RFQ No: \34-99/00
DATE: 08/30/2000
15
PROJECT NO.3
BA YSHORE
Design Project Team Composition: An urban designer/planner should head the design team,
which should include a landscape architect and an engineer with extensive experience in
streetscape design, traffic calming, drainage and water/sewer utilities.
Bayshore Project Description: The Bayshore neighborhood includes all of the area from the
south end of the 41 st Street right-of-way to Collins Canal, and from Biscayne Bay east to the
Indian Creek waterway. The Bayshore neighborhood includes the Sunset Islands and the Sunset
Harbor area. The area is generally comprised of single-family residential streets, with some
pockets of multi-family uses. Major institutional uses include Miami Beach High School. The
project consists of providing streetscape improvements within an allocated budget, following a
priority list submitted by area residents to include: street resurfacing and new pavement
markings, swale restoration and/or curb and gutter, sidewalks, street lighting upgrades, enhanced
landscaping, traffic calming and traffic operational improvements. An evaluation of existing
utilities may necessitate upgrading or replacement of water, sewer and drainage infrastructure as
part of the proposed improvements. Residents are considering a special assessment district for
underground electric, cable and telephone service, which, if approved, will be included in the
scope of this project. The work will also consist of coordination with other consultants with
respect to the Bayshore Golf Course improvements.
The work may also include surveying and obtaining permits from Miami-Dade County
Department of Environmental Resources Management for storm drainage system. The qualified
team may be responsible for planning and design with community input, and production of final
bidding/construction documents and drawings, preparation of cost estimates and specifications in
coordination with the City's Public Works/Engineering Department. Water line replacement and
upgrades in the amount of$3,529,982 are funded by the Series 2000 Water & Sewer Bonds.
Proposed funding for Stormwater improvements is $5,928,714. The total G.O. Bond allocation
for this neighborhood is $5,075,000. The total allocation for this project is $14,533,696. Not all
of the total allocation will require design or construction documents.
The City of Miami Beach intends to issue this work on a task order basis for any part of the
improvements within each neighborhood. The selected team may be requested to incorporate
existing designs and or construction documents into the overall design.
A copy ofthe neighborhood projects plan titled "Bayshore"(conceptually approved by the GO
Bond Oversight Committee in July, 2000) is attached in Section VII.
RFQ No: \34-99/00
DATE: 08/30/2000
16
PROJECT NO.4
OCEANFRONT
Design Project Team Composition: An urban designer/planner should head the design team,
which should include a landscape architect and an engineer with extensive experience in
streetscape design, traffic calming, drainage and water/sewer utilities.
Oceanfront Project Description: The Oceanfront Neighborhood includes all the area from 23'd
Street, north to 63 rd Street and from the Atlantic Ocean on the east to the Indian Creek waterway
on the west. The area is generally comprised of high-density, multi-family structures, high-
density hotels, and commercial uses at street level. The project consists of providing streetscape
improvements within an allocated budget, following a priority list submitted by area residents to
include: street resurfacing and new pavement markings, swale restoration and/or curb and gutter,
sidewalks, street lighting upgrades, enhanced landscaping, and shoreline enhancements along
Indian Creek in coordination with the Indian Creek Greenway plans and enhancement of
beachfront street ends for pedestrian use. An evaluation of existing utilities may necessitate
upgrading or replacement of water, sewer and drainage infrastructure as part of the proposed
improvements.
The work may also include surveying and obtaining permits from Miami-Dade County
Department of Environmental Resources Management for storm drainage system. The qualified
team may be responsible for planning and design with community input, and production of final
bidding/construction documents and drawings, preparation of cost estimates and specifications in
coordination with the City's Public Works/Engineering Department. Water line replacement and
upgrades in the amount of$I,946,818 are funded by the Series 2000 Water & Sewer Bonds. The
total G.O. Bond allocation for this neighborhood is $4,600,000. The total allocation for this
project is $7,026,818. Not all of the total allocation will require design or construction
documents.
The City of Miami Beach intends to issue this work on a task order basis for any part of the
improvements within each neighborhood. The selected team may be requested to incorporate
existing designs and or construction documents into the overall design.
A copy of the neighborhood projects plan titled "Ocean" (conceptually approved by the GO Bond
Oversight Committee in July 2000) is attached in Section VII.
RFQ No: \34-99/00
DATE: 08/30/2000
17
SECTION III -QUALIFICATIONS STATEMENT FORMAT
Submittals must contain the following documents, each fully completed, and signed as
required. Submittals that do not include all required documentation, or are not submitted in
the required format, or do not have the appropriate signatures on each document, may be
deemed to be non-responsive. Non-responsive submittals will receive no further
consideration.
A. CONTENTS OF QUALIFICATION STATEMENT
1. Table of Contents
The Table of Contents should outline in sequential order the major areas of the submittal,
including enclosures. All pages must be consecutively numbered and correspond to the table
of contents.
2. Technical Proposal
Provide a narrative that addresses the scope of work, the proposed approach to the work, and
any other information called for by the RFQ.
3. Price Proposal
None is required at this time. Fees are to be negotiated with the top-ranked team(s).
4. Qualifications
The minimum qualification requirements for this RFQ are described below. Respondents
must provide documentation that demonstrates their ability to satisfy all of the minimum
qualification requirements. Submittals, which do not contain such documentation, may be
deemed non-responsive.
5. Acknowledgment of Addenda and Respondent Information Forms (Section VIII)
6. Anv other document required by this RFQ. such as a Questionnaire or Response Guarantv.
RFQ No: \34-99/00
DATE: 08/30/2000
18
B. MINIMUM REQUIREMENTS / QUALIFICATIONS:
Each team interested in responding to this Request for Qualifications must provide the following
information. Submittals that do not respond completely to all requirements will be considered non-
responsive and eliminated from the process.
1. Team's Experience:
Indicate the team's number of years of experience in providing the requested professional
services, list all projects undertaken during the past five (5) years, describe the scope of each
project in physical terms and by cost, describe the scope of the respondent's responsibilities,
and provide the name and contact telephone number of an individual in a position of
responsibility who can attest to respondent's activities in relation to the project, provide the
name(s) of the person, or persons within your organization who was most actively concerned
with managing each project. List and describe all legal claims against the team alleging
errors and/or omissions, or any breach of professional ethics, including those settled out of
court, during this period.
2. Proiect Manal!er's Experience:
Provide a comprehensive summary of the experience and qualifications of the individuals
who will be selected to serve as the project managers for the City's project(s). These
individuals must have a minimum of ten (10) years' experience in the design and
construction of streetscape and utility facilities, and should have served as construction
manager on similar projects on a minimum of three previous occasions.
3. Previous Similar Proiects:
A list of a minimum of ten similar projects must be submitted. Information should include:
* Client name, address, phone number.
* Consultant (Architect or Engineer) name, address, phone number.
* Description of the scope of the work.
* Month and Year the project was started and completed.
* Total cost and/or fees paid to your firm.
* Total cost ofthe construction, estimated and actual.
* Role of the firm and the responsibilities.
4. Oualifications of Proiect Team:
List the members of the proposed project team. Provide a list of the personnel to be used on
this project and their qualifications. A resume of each individual, including education,
experience, and any other pertinent information shall be included for each team member,
including any subcontractors, to be assigned to this project.
RFQ No: \34-99/00
DATE: 08/30/2000
19
5. Project Approach:
Information should include:
*Organizational structure of project team.
*Fee structure on prior projects of similar size and complexity.
* Approach to project specific to neighborhood.
*Narrative description of how project team's experience specifically relates to the
neighborhood project.
RFQ No: 134-99/00
DATE: 08/3012000
20
SECTION IV -EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION
The procedure for response evaluation and selection is as follows:
1. Request for Qualifications issued.
2. Receipt of responses.
3. Opening and listing of all responses received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
response in accordance with the requirements of this RFQ. Iffurther information is desired,
respondents may be requested to make additional written submissions or oral presentations
to the Evaluation Committee.
5. The Evaluation Committee will recommend to the City Manager the response or responses
acceptance of which the Evaluation Committee deems to be in the best interest of the City.
The Evaluation Committee shall base its recommendations pursuant to Section 287.055,
FIorida Statutes, known as the Consultants' Competitive Negotiation Act (CCNA).
The Committee shall recommend order of preference, no fewer that three firms
deemed to be the most highly qualified to perform the required services after
considering such factors as:
1. The ability of professional personnel;
2. Past performance;
3. Willingness to meet time and budget requirements;
4. Location;
5. Recent, current, and projected workloads of the firms; and
6. The volume of work previously awarded to each firm by the City, with the
object of effecting and equitable distribution of contracts among qualified
firms, provided such distribution does not violate the principIe of selection of
the most highly qualified firms.
The City may request, accept, and consider proposals for the compensation to be
paid under the contract only during competitive negotiations.
6. After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the response or responses acceptance of which the
City Manager deems to be in the best interest of the City.
7. The City Commission shall consider the City Manager's recommendation(s) in light ofthe
recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve
the City Manager's recommendation(s). The City Commission may reject City Manager's
recommendation(s) and select another response or responses. In any case, City Commission
shall select the response or responses acceptance of which the City Commission deems to
be in the best interest of the City. The City Commission may also reject all proposals.
RFQNo: 134-99/00
DATE: 08/30/2000
21
8. Negotiations between the selected respondent and the City Manager take place to arrive at
a contract. If the City Commission has so directed, the City Manager may proceed to
negotiate a contract with a respondent other than the top-ranked respondent if the
negotiations with the top-ranked respondent fail to produce a mutually acceptable contract
within a reasonable period oftime.
9. A proposed contract or contracts are presented to the City Commission for approval,
modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is approved by the City
Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s)
has (or have) done so.
Important Note:
By submitting a response, all respondents shall be deemed to understand and agree that no
property interest or Iegal right of any kind shall be created at any point during the aforesaid
evaluation/seIection process until and unless a contract has been agreed to and signed by both
parties.
RFQ No: 134-99/00
DATE: 08/30/2000
22
SECTION V -GENERAL PROVISIONS
A. ASSIGNMENT
The successful respondent shall not enter into any sub-contract, retain consultants, or assign,
transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title,
or interest therein, or its power to execute such contract to any person, firm, or corporation
without prior written consent of the City. Any unauthorized assignment shall constitute
default by the successful respondent.
B. INDEMNIFICATION
The successful respondent shall be required to agree to indemnify and hold harmless the City
of Miami Beach and its officers, employees, and agents, from and against any and all actions,
claims, liabilities, losses and expenses, including but not limited to attorneys' fees, for
personal, economic or bodily injury, wrongful death, loss of or damage to property, in law
or in equity, which may arise or be alleged to have arisen from the negligent acts or
omissions or other wrongful conduct of the successful respondent, its employees, or agents
in connection with the performance of service pursuant to the resultant Contract; the
successful respondent shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses, and shall
pay all costs expended by the City in the defense of such claims and losses, including
appeals.
C. TERMINATION FOR DEFAULT
If through any cause within the reasonable control of the successful respondent, it shall fail
to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or
stipulations material to the Agreement, the City shall thereupon have the right to terminate
the services then remaining to be performed by giving written notice to the successful
respondent of such termination which shall become effective upon receipt by the successful
respondent of the written termination notice.
In that event, the City shall compensate the successful respondent in accordance with the
Agreement for all services performed by the respondent prior to termination, net of any costs
incurred by the City as a consequence of the default.
Notwithstanding the above, the successful respondent shall not be relieved of liability to the
City for damages sustained by the City by virtue of any breach of the Agreement by the
respondent, and the City may reasonably withhold payments to the successful respondent for
the purposes of set off until such time as the exact amount of damages due the City from the
successful respondent is determined.
RFQNo: 134-99/00
DATE: 08/30/2000
23
D. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be performed at
any time without cause by giving written notice to successful respondent of such termination,
which shall become effective thirty (30) days following receipt by respondent of such notice.
In that event, all finished or unfinished documents and other materials shall be properly
delivered to the City. If the City as provided in this section, the City shall compensate the
successful respondent in accordance with the Agreement for all services terminates the
Agreement actually performed by the successful respondent and reasonable direct costs of
successful respondent for assembling and delivering to City all documents. No
compensation shall be due to the successful respondent for any profits that the successful
respondent expected to earn on the balanced of the Agreement. Such payments shall be the
total extent of the City's liability to the successful respondent upon a termination as provided
for in this section.
RFQ No: \34-99/00
DATE: 08/30/2000
24
RFQ No: 134-99/00
DATE: 08/30/2000
SECTION VI -SPECIAL TERMS AND CONDITIONS
25
SECTION VII -ATTACHMENTS
1.Cone of Silence, Ordinance No. 99-3164
2. Debarment, Ordinance No. 2000-3234
3. (OPTIONAL)
RFQ No: 134-99/00
DATE: 08/30/2000
26
SECTION VIII - DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
RESPONDENT INFORMATION
Submitted by:
Entity:
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
It is understood and agreed by respondent that the City reserves the right to reject any and
all proposals, to make awards on all items or any items according to the best interest of the
City, and to waive any irregularities in the RFQ or in the responses received as a result of the
RFQ. It is also understood and agreed by the respondent that by submitting a response,
respondent shall be deemed to understand and agree than no property interest or legal right
of any kind shall be created at any point during the aforesaid evaIuationlselection process until
and unIess a contract has been agreed to and signed by both parties.
(Authorized Signature)
(Date)
(Printed Name)
RFQ No: 134-99/00
DATE: 08/30/2000
27
REQUEST FOR QUALIFICATION NO. 134
ACKNOWLEDGMENT OF ADDENDA
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection with this RFQ:
Addendum No.1, Dated
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this RFQ.
Verified with Procurement staff
Narne of staff
Date
(Respondent -Narne)
(Date)
(Signature)
RFQNo: 134-99/00
DATE: 08/30/2000
28
DECLARATION
TO: Jorge M. Gonzalez
City Manager
City of Miami Beach, Florida
Submitted this
day of
,1998.
The undersigned, as respondent, declares that the only persons interested in this proposal are named
herein; that no other person has any interest in this responses or in the Contract to which this
response pertains; that this response is made without connection or arrangement with any other
person; and that this response is in every respect fair and made in good faith, without collusion or
fraud.
The respondent agrees if this response is accepted, to execute an appropriate City of Miarni Beach
document for the purpose of establishing a formal contractual relationship between the respondent
and the City of Miami Beach, Florida, for the performance of all requirements to which the response
pertains.
The respondent states that the response is based upon the documents identified by the following
number: RFQ No. 134-99/00.
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
RFQ No: 134-99/00
DATE: 08/30/2000
29
Respondent's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation. answer this:
When Incorporated:
In what State:
If Foreil!n Corooration:
Date of Registration with
FIorida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
Members of Board of Directors:
RFQ No: 134-99/00
DATE: 08/30/2000
QUESTIONNAIRE
30
Ouestionnaire (continued)
If a PartnershiD:
Date of organization:
General or Limited Partnership*:
Name and Address of Each Partner:
NAME
ADDRESS
* Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating similar business:
2. Have any similar agreements held by respondent for a project similar to the proposed
project ever been canceled?
Yes ( )
No ( )
If yes, give details on a separate sheet.
3. Has the respondent or any principals of the applicant organization failed to qualify as
a responsible bidder, refused to enter into a contract after an award has been made,
failed to compIete a contract during the past five (5) years, or been declared to be in
default in any contract in the last 5 years?
If yes, please expIain:
RFQ No: 134-99/00
DATE: 08/30/2000
31
Ouestionnaire (continued)
4. Has the respondent or any of its principals ever been declared bankrupt or reorganized
under Chapter 11 or put into receivership?
If yes, give date, court jurisdiction, action taken, and any other explanation deemed
necessary.
5. Person or persons interested in this bid and Qualification Form
(have) (have not) been convicted by a Federal, State, County, or
Municipal Court of any vioIation of law, other than traffic vioIations. To include
stockholders over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership or
individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
B. List all judgments from lawsuits in the Iast five (5) years:
C. List any criminal violations and/or convictions of the respondent and/or any of its
principals:
7. Conflicts of Interest. The following relationships are the only potential, actual, or
perceived conflicts of interest in connection with this response:
(If none, so state.)
RFQ No: 134-99/00
DATE: 08/3012000
32
8. Public Disclosure. In order to determine whether the members of the Evaluation
Committee for this Request for Proposals have any association or relationships which
would constitute a conflict of interest, either actual or perceived, with any proposer
and/or individuaIs and entities comprising or representing such proposer, and in an
attempt to ensure full and complete disclosure regarding this contract, all Proposers
are required to disclose all persons and entities who may be involved with this
Proposal. This list shall include public relation firms, lawyers and lobbyists. The
Procurement Division shall be notified in writing if any person or entity is added to this
list after receipt of responses.
RFQ No: 134-99/00
DATE: 08/30/2000
33
DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The fo\1owing 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 we\1 as any agent, attorney, officer or employee of a principal,
regardless of whether such lobbying activities fa\1 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 ofadjustrnent and such
other boards and agencies of the city that perform such quasi-judicial functions. The nuisance
abatement board, special master hearings and administrative hearings sha\1 not be included for
purposes ofthis division.
(Ord. No. 92-2777, 991,2,3-4-92; Ord. No. 92-2785,991,2,6-17-92)
Cross reference(s)--Definitions generally, 91-2.
Sec. 2-482. Registration.
(a) A\1lobbyists 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:
RFQ No: 134-99/00
DATE: 08/30/2000
34
(1) His name;
(2) His business address;
(3) The narne 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
arnend 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.
(1) In addition to the registration fee required in subsection (a) of this section,
registration of all lobbyists shall be required prior to October 1 of every
even-numbered year; and the fee for biennial registration shall be as specified in
appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state
the extent of any business, financial, familial or professional relationship, or other
relationship giving rise to an appearance of an impropriety, with any current city
commissioner or personnel who is sought to be lobbied as identified on the lobbyist
registration form filed.
(h) The registration fees required by subsections (a) and (1) 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.
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35
(Ord. No. 92-2777, S 3, 3-4-92; Ord. No. 92-2785, S 3, 6-17-92)
Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual
privity with the city who only appears in his official capacity shall not be required to register
as a lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before the
city commission, planning board, board of adjustment, or other board or committee and has
no other communication with the personnel defined in section 2-481, for the purpose of
self-representation without compensation or reimbursement, whether direct, indirect or
contingent, to express support of or opposition to any item, shall not be required to register
as a lobbyist, including but not limited to those who are members of homeowner or
neighborhood associations. All speakers shall, however, sign up on forms available at the
public hearing. Additionally, any person requested to appear before any city personnel, board
or commission, or any person compelled to answer for or appealing a code violation, a
nuisance abatement board hearing, a special master hearing or an administrative hearing shall
not be required to register, nor shall any agent, attorney, officer or employee of such person.
(Ord. No. 92-2777, SS 4,5,3-4-92; Qrd. No. 92-2785, SS 4,5,6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the
offices of the mayor and city commission, the offices of the city manager, and the offices of the city
attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration
when they meet with any personnel as defined in section 2-481.
(Ord. No. 92-2785, S 6,6-17-92)
Sec. 2-485. List of expenditures.
(a) On October I of each year, lobbyists shall submit to the city clerk a signed statement
under oath listing all lobbying expenditures in the city for the preceding
calendar year. A statement shall be filed even if there have been no expenditures
during the reporting period.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist
registrations filed. All logs required by this section shall be prepared in a manner
substantially similar to the logs prepared for the state legislature pursuant to F.S. S
11.0045.
(c) All members of the city commission and all city personnel shall be diligent to
ascertain whether persons required to register pursuant to this section have complied
with the requirements of this division. Commissioners or city personnel may not
knowingly permit themselves to be lobbied by a person who is not registered
pursuant to this section to lobby the commissioner or the relevant committee, board
or city personnel.
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(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 shaH report the
results of the investigation to the city commission. Any alleged violator shaH 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, S 6, 3-4-92; Qrd. No. 92-2785, S 7, 6-17-92)
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DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods and services other than audit contracts.
(I) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any
communication regarding a particular request for proposal ("RFP"), request for
qualifications ("RFQ"), request for letters of interest ("RFLl"), or bid between a
potential vendor, service provider, bidder, lobbyist, or consultant and the city's
professional staff including, but not limited to, the city manager and his or her staff;
and (b) any communication regarding a particular RFP, RFQ, RFLl, or bid between
the mayor, city commissioners, or their respective staffs, and any member of the city's
professional staff including, but not limited to, the city manager and his or her staff.
Notwithstanding the foregoing, the cone of silence shaH not apply to competitive
processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by
the city office of community development, and communications with the city attorney
and his or her staff.
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLl, and bid after
the advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition
of the cone of silence, the city manager or his or her designee shall provide
for public notice of the cone of silence. The city manager shall include in any
public solicitation for goods and services a statement disclosing the
requirements ofthis division.
b. The cone of silence shaH terminate a) at the time the city manager makes his
or her written recommendation as to selection of a particular RFP, RFQ,
RFLl, or bid to the city commission; provided, however, that if the city
commission refers the manager's recommendation back to the city manager
or staff for further review, the cone of silence shaH be reimposed until such
time as the manager makes a subsequent written recommendation, or b) in the
event of contracts for less than $10,000.00, when the city manager executes
the contract.
(3) Exceptions. The provisions ofthis ordinance shall not apply to oral communications
at pre-bid conferences, oral presentations before evaluation committees, contract
discussions during any duly noticed public meeting, public presentations made to the
city commissioners during any duly noticed public meeting, contract negotiations
with city staff following the award of an RFP, RFQ, RFLl, or bid by the city
commission, or communications in writing at any time with any city employee,
official or member of the city commission, unless specifically prohibited by the
applicable RFP, RFQ, RFLl, or bid documents. The bidder or proposer shall file a
copy of any written communications with the city clerk. The city clerk shall make
copies available to any person upon request.
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(b) Audit contracts.
(1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications
regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service
provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their
respective staffs, and any member of the city's professional staff including, but not
limited to the city manager and his or her staff, and (b) any oral communication
regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city
commissioners or their respective staffs and any member of the city's professional
staff including, but not limited to, the city manager and his or her staff.
Notwithstanding the foregoing, the cone of silence shall not apply to communications
with the city attorney and his or her staff.
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be
imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement
of said RFP, RFQ, RFLI, or bid. At the time of the imposition of the cone of silence,
the city manager or his or her designee shall provide for the public notice of the cone
of silence. The cone of silence shall terminate a) at the time the city manager makes
his or her written recommendation as to the selection of a particular RFP, RFQ,
RFLI, or bid to the city commission; provided, however, that if the city commission
refers the manager's recommendation back to the city manager or staff for further
review, the cone of silence shall be reimposed until such time as the manager makes
a subsequent written recommendation, or b) or in the event of contracts for less than
$10,000.00, when the city manager executes the contract.
(3) Nothing contained herein shall prohibit any bidder or proposer: (i) from making
public presentations at duly noticed pre-bid conferences or before duly noticed
evaluation committee meetings; (ii) from engaging in contract discussions during any
duly noticed public meeting; (iii) from engaging in contract negotiations with city
staff following the award of an RFP, RFQ, RFLI, or bid for audit by the city
commission; or (iv) from communicating in writing with any city employee or
official for purposes of seeking clarification or additional information from the city
or responding to the city's request for clarification or additional information, subject
to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The bidder
or proposer shall file a copy of any written communication with the city clerk. The
city clerk shall make copies available to the general public upon request.
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person
or entity from publicly addressing the city commissioners during any duly noticed
public meeting regarding action on any audit contract. The city manager shall include
in any public solicitation for auditing services a statement disclosing the requirements
of this division.
(c) Violations/penalties and procedures. An alleged violation of this section by a particular
bidder or proposer shall subject said bidder or proposer to the same procedures set forth in
section 2-457, shall render any RFP award, RFQ award, RFLI award, or bid award to said
bidder or proposer void, and said bidder or proposer shall not be considered for any RFP,
RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one
year. Any person who violates a provision of this division shall be prohibited from serving
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39
on a city evaluation committee. In addition to any other penalty provided by law, violation
of any provision of this division by a city employee shall subject said employee to
disciplinary action up to and including dismissal. Additionally, any person who has personal
knowledge of a violation of this division shall report such violation to the state attorney
and/or may file a complaint with the county ethics commission.
(Qrd. No. 99-3164, S 1, 1-6-99)
ORDINANCE NO 2000-3234
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DATE: 08/30/2000
40
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.
fa) 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)Aftiliates. 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 subiect 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
RFQ No: 134-99/00
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41
debarment of a contractor that has the same or similar management. ownership.
or principal employees as the contractor that was debarred or suspended.
(b) Civil iudgment rneans a iudgrnent or finding of a civil offense by any
court of cornpetent iurisdiction.
(c) Contractor means any individual or other legal entity that:
(l) Directly or indirectly (e.g. through an affiliate\. subrnits
offers for is awarded.. or reasonably rnav be expected to submit offers or be
awarded a Citv contract, including, but not limited to vendors. suppliers,
providers, bidders. proposers. consultants. and/or design professionals. or
(21 Conducts business or reasonable rnanbe expected to conduct business.
with the Citv as an agent.. representative or subcontractor of another
contractor.
(d\ Conviction rneans a iudgernent or conviction of a criminal offense be it a
felony or rnisderneanor. by any court of cornpetent iurisdiction. whether
entered upon a verdict or a plea. and includes a conviction entered upon a
plea of nolo contendere
rei Debarment rneans action taken by the Debarrnent Comrnittee to exclude a
contractor (and. in lirnited instances specified in this ordinance. a bidder or
proposer frorn City contracting and City approved subcontracting for a
reasonable. specified period as provided in subsection Iil below: a contractor
so excluded is debarred.
(f) Debarment Committee rneans a grOUP of seven (7) individual rnernbers,
each appointed by the Mayor and individual Citv Cornrnissioners. to
evaluate and. if warranted. to irnpose debarment,
(g) ml9ol'tdel'6!nce Greater weiqht of the evidence means proof bu information
that. compared with that opposinq it .leads to the conclusion that the fact at issue
is more probablu true than not.
(h) Indictment rneans indictment for a crirninal offense. An information or other
filing by cornpetent authority charging a crirninal offense shall be given the
same effect as an indictrnent.
(I) Leqal proceedinq rneans any civil iudicial proceeding to which the City is a
party or any crirninal proceeding. The term includes appeals frorn such
proceedings.
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(j) List of debarred contractors rneans a list cornpiled. rnaintained and
distributed bv the Citvs Procurernent Office. containing the names of
contractors debarred under the procedures of this ordinance.
Section 2-399 List Of debarred contractors.
(a) The Citl.l's Procurement Office. is the aaencl.l charaed with the implementation of
this ordinance shall:
(J 1 Compile and maintain a current. consolidated list (Listl of all contractors
debarred bl.l City departments. Such List shall be public record and shall be
available for public inspection and dissemination;
(21 Periodicalll.l revise and distribute the List and issue supplements, ifnecessaT1./. to
all departments. to the Office of the Citl.l Manaaer and to the Mal.lor and Citl.l
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:
(J I The names and addresses of all contractors debarred. in alphabetical order;
(2) The name of the department that recommends initiation of the debannent action;
(31 The cause for the debannent action. as is further described herein. or other
statutoT1./ or reaulatoT1./ authoritl.l:
141 The effect of the debannent action:
(5) The tennination date for each listina;
(61 The contractor's certificate of competence or license number. when applicable;
(7) The person throuah whom the contractor is aualified. when applicable:
181 The name and telephone number of the point of contact in the department
recommendina the debannent action.
@ The Citl.l's Procurement Office shall:
(J I In accordance with internal retention procedures. maintain records relatina to
each debannent;
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DA TE: 08/30/2000
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(2) Establish procedures to provide.for the effective use of the List. includina 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 inauiries concerninq listed, contractors and coordinate such responses
with the department that recommended the action.
Section 2-400 Effect of debarment.
fa) Debarred contractors are excluded from receivina contracts, and departments shall
not solicit offers from. award contracts to, or consent to subcontracts with these
contractors. unless the Citu Manaaer determines that an emeraencu exists iustifuina
such action. and obtains approval from the Mauor and Citu Commission, which
approval shall be aiven bu 5/7ths vote of the Citu Commission at a reaularlu
scheduled Citu Commission meetina. Debarred contractors are also excluded from
conductina business with the City as aaents, representatives subcontractors or
partners of other contractors.
(bi Debarred contractors are excluded from actina as individual sureties.
Section 2-401 Continuation of current contracts.
fa) Commencina on the effective date of this ordinance. all proposed Citu contracts. as
well as Reauest for Proposals fRFP). Reauest for Qualifications (RFO). Requests for
Letters of Interest fRFLII. or bids issued be the Citll. shall incorporate this ordinance
and specifll that debarment mall constitute arounds for termination of the contract as
well as disqualification from consideration on anll RFP, RFO. RFLI. or bid.
(b) The debarment shall take effect in accordance with the notice provided bu the Citll
Manaaer pursuant to subsection 2-405fh) below. except that if a Citu department has
contracts or subcontracts in existence at the time the contractor was debarred, the
debarment period mall commence upon the conclusion of the contract. subiect to
approval of same be 5/7ths vote of the Mallor and Citll Commission at a reaularlll
scheduled meeting.
@ Citll departments mall not renew or otherwise extend the duration of current
contracts. or consent to subcontracts with debarred contractors, unless the Citu
Manaaer determines that an emeraencll exists iustifllina the renewal or extension or
for an approved extension due to delau or time extension for reasons beuond the
contractor's control. and such action is approved bu 5/7ths vote of the Mallor and
Citu Commission at a reaularlll scheduled. meetina.
(dl No further work shall be awarded to a debarred contractor in connection with a
continuina contract. where the work is divided into separate discrete aroups and the
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Cit!!'s refusal or denial of further work under the contract will not result in a breach of
such contract.
Section 2-402 Restrictions on subcontractina.
(a) When a debarred contractor is proposed as a subcontractor for an!! subcontract
subiect to Cit!! approval, the department shall not consent to subcontracts with such
contractors unless the Cit!! Manager determines that an emeraency exists iustif!!ing
such consent. and the Ma!!orand Citli Commission approves such decision. by 5/7ths
vote. at a regularly scheduled meetinq.
(b) The Cit!! shall not be responsible for an!! increases in proiect costs or other
expenses incurred b!! a contractor as a result ofreiection of proposed subcontractors
pursuant to subsection 2-402(a) above. provided the subcontractor was debarred prior
to bid openinq or openinq 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 ma!!. in the public interest. debar a contractor for any of
the causes listed in this ordinance. usinq the procedures outlined below. The existence
of a cause for debarment. however. does not necessarily require that the contractor be
debarred; the seriousness of the contractor's acts or omissions and an!! mitiaatinq
factors should be considered in makinq an!! debarment decision.
(bi Debarment constitutes debarment of all officers. directors. shareholders owninq or
controllina twentli-five (25) percent of the stock. partners. divisions or other
organizational elements of the debarred contractor. unless the debarred decision is
limited b!! its terms to specific divisions. orqanizational elements or commodities. The
Debarment Committee's decision includes an!! existina affiliates of the contractor. if
they are fI) specificall!! named and (ii) qiven written notice of the proposed debarment
and an opportunit!! to respond. Puturc affiliates ofthc C01'l.tmctor arc subicct to the
Deeaffl'Wl'!t Cammittoo's dcoisia1'l..
@ A contractor's debarment shall be effective throuqhout Citli Government.
Section 2-404 Causes for debarment
(a) The Debarment Committee shall debar a contractor for a conviction or civil
iudgment.
(1 ) For commission of a fraud or a criminal offense in connection with
obtaininq. attemptinq to obtain. performinq. or makinq a claim upon a public
RFQ No: 134-99/00
DATE: 08/30/2000
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contract or subcontract. or a contract or subcontract funded in whole or in part
with public funds:
(2) For violation of federal or State antitrust statutes relating to the submission of
offers:
(3) For commission of embe=lement. theft. forGem. bribem. falsification or
destruction of records. makinG false statements. or receivinG stolen propertu:
(4) Which makes the Citu the prevailinG partu in a leGal proceedinG. and a court
determines that the lawsuit between the contractor and the Citu was frivolous or
tiled in bad faith.
(b) The Committee mau debar a contractor. (and. limited instances set forth
hereinbelow. a bidder or proposer) based upon a /9r-D/9oruier6l.rtoo the greater
weiGht of the evidence. for:
(l) Violation of the terms of a Citu contract or subcontract. or a contract or
subcontract funded in whole or in part bu Citu funds. such as failure to perform
in accordance with the terms of one (1) or more contracts as certified bu the City
department administerinG the contract; or the failure to perform. or unsatisfactorilu
perform in accordance with the terms of one (l) or more contracts. as certified by
an independent reqistered architect. engineer. or qeneral contractor.
(2) Violation of a Citu ordinance or administrative order which lists debarment as
a potentialpenaltu.
(3) ll1H/ other cm/so which affects the r-Ds/9orwieilitl;/ €If a Citl;/ oontr-Eletor er
Slieoontr6l.eter in /9crf-erminEl Citu werl'<.
Section 2-405 Debarment procedures.
fa} Requests for the debarment of contractors mau be initiated by a Citu Department or
bu a citizen-at larGe and shall be made in writinG to the Office of the Citu Manager. Upon
receipt of a request for debarment. the City ManaGer shall transmit the request to the
Mauor and City Commission at a reGularlu scheduled meetinG. The Mauor and Citu
Commission shall transmit the request to a person or persons who shall be charGed bu
the Citu Commission with the dutu of promptly investiQatinq and preparinq a written
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DATE: 08/30/2000
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report(s} concerninq the proposed debarment. includinq the cause and qrounds for
debarment. as set forth in this ordinance.
(b) Upon completion of the aforestated written report. the Gitu Manaqer shall fonuard said
report to the Debarment Committee. The Citu's Procurement Office shall act as staff
to the Debarment Committee and. with the assistance of the Citu &ol9artmcmt person
or persons which prepared the report. present evidence and arGUment to the
Debarment Committee
@ Notice of proposal to debar. Within ten workinq daus of the Debarment Committe
havinG received
the reGuest for debarment and written report. the Citu's Procurement Office. on behalf of
the Debarment Committee shall issue a notice of proposed debarment advisinG the
contractor and any specificallu named affiliates, bu certified mail. return receipt
requested. or personal service. containinG the followinG information:
(1) That debarment is beinG considered:
(2} The reasons and causes for the proposed debarment in terms sufficient to put the
contractor and ant/ 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 thirtll (30) daus after service of the notice. The notice shall also advise the
contractor that it mall be represented by an attomell. mall present documentary evidence
and verbal testimonu. and mall cross-examine evidence and testimonll presented aaainst
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) workinq dat/s, prior to the scheduled hearinq date, the contractor
must furnish the Citt/'s Procurement Office a list of the defenses the contractor
intends to present at the hearinq. [fthe contractor fails to submit the list.
in writinq. at least seven (7) workinq days prior to the hearing or
fails to seek an extension of time within which to do so. the
contractor shall have waived the opportunitll to be heard at
the hearinq. The Debarment Committee has the riGht to qrant
or denll an extension of time, and for qood cause, mall set
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DATE: 08/30/2000
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aside the waiver to be heard at the hearina, and its decision
may only be reviewed upon an abuse of discretion standard.
(el Hearsal./ evidence shall be admissible at the hearina but shall
not form the sole basis for initiatina a debarment procedure
nor the sole basis of anu determination of debarment, The
hearing shall be transcribed. taped or othenuise recorded bu
use of a court reporter, at the election Committee and at the
expense of the Citu. Copies of the hearina tape or transcript
shall be furnished at the expense and reauest of the
requestina partu.
m Debarment Committee's decision. In actions based upon a conviction
or iudament, or in which there is no aenuine dispute over
material facts, the Debarment Committee shall make a decision
on the basis of all the undisputed. material information in the
administrative record. includina anu undisputed, material
submissions made bu the contractor. Where actions are based
on disputed evidence. the Debarment Committee shall decide
what weiaht to attach to evidence of record, iudge the credibility
of witnesses, and base its decision on the I9rcl9cmdcl'l;61l'l;CC
areater weiaht of the evidence standard. The Debarment
Committee shall be the sole trier of fact. The Committee's
decision shall be made within ten (101 working daus after
conclusion of the hearina, unless the Debarment Committee
extends this period for aood cause.
(al The Committee's decision shall be in writina and shall include the
Committee's factual findinas, the principal causes of debarment
as enumerated in this ordinance. identification of the contractor
and all named affiliate: affected bu the decision, and the
specific term. includina duration, of the debarment imposed.
(hi Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment. the City
ManaGer shall aive the contractor and anu named affiliates
involved written notice by certified mail, return receipt
requested, or hand deliveru. within ten (101 workinG daus of the
decision. specifuina the reasons for debarment and includina a
copu of the Committee's written decision: statinG the period of
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debarment, includinG. effective dates: and advisinG that the
debarment is effective throuGhout the Citl./ departments.
(2) If debarment is not imposed. the Citl./ Manaaer shall notifu the contractor and
anl./ named affiliates i1'l.b'oZOIod ,bl./ certified mail. return receipt requested. or
personal service, within ten (10) workina dal./s of the decision.
(l) All decisions of the Debarment Committee shall be final and shall be effective on
the date the notice is sianed bl./ the Citl./ ManaGer. Decisions of the
Debarment Committee are subject to review bl./ the Appellate Division of the
Circuit Court. A debarred contractor mal./ seek a stal./ of the debarment
decision in accordance with the Florida Rules of Appellate Procedure.
Section 2-406 Period of debarment.
(al The period of debarment imposed shall be within the sole discretion of the
Debarment Committee. Debarment shall be for a period commensurate with the
seriousness of the cause(sl. and where applicable. within the quidelines set
forth below. but in no event shall exceed five (5) l./ears.
(bl The followinG guidelines in the period of debarment shall apply except where
mitiaatinG or aaaravatina circumstances iustifl./ deviation:
{1 I For commission of an offense as described in subsection 2404(al{1 I: five (51
l./ears
(21 For commission of an offense as described in subsection 2404(a}(2): five (51
l./ears.
(3) For commission of an offense as described in subsection 2404(a)(3): five (5)
years.
(41 For commission of an offense as described in subsection 2404(a}(-S41: two (21 to
five (51
uears.
(51 For commission of an offense as described in subsections 2404(bl(1 lor (21: two
(2) to five (5)
l./ears.
@ The Debarment Committee mau. in its sole discretion. reduce the period of
debarment. upon the contractor's written reGuest. for reasons such as:
(1) Newlu discovered material evidence:
(2) Reversal of the conviction or civil iudament upon which the debarment was
RFQ No: 134-99/00
DATE: 08/30/2000
49
based:
(31 Bona fide chanae in ownership or manaaement:
(4)Elimination of other causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(d) The d08a7'RWntdebarred contractor's written reauest shall contain the reasons
for reauestina a reduction in the debarment period. The Citu's Procurement
Office, with the assistance of the affected department shall have thirtu (30) days
from receipt of such reauest to submit written response thereto. Tho docision. of
tho DolJG.Tmont Cemmittoe r<JC/61.rdiRQ 61. rOC/Uoot made bIRder t,w SUGsoetien. is
final and non apl'Jcalable.
SECTION2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held
invalid, the remainder shall not be affected by such invalidity.
SECTION3. 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 ofMarch,200o.
PASSED and ADOPTED this 23rd day ofFebruary,2000.
II'JA'W-(F:lAITOAGURl- OERAJUIHI-. 0lt0l
RFQ No: 134-99/00
DATE: 08/30/2000
50
RFQ No: 134-99/00
DATE: 08/30/2000
51
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. VENETIAN, STAR, PALM Ie HIBISCUS
Qty of MiamI Beach Proposed Neighborhood Capital Improvements Program
2CXXl - 2007
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""'~"3),.;.;.",.,.;,/j~;~ .... ... 'fim.", ~
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Curb and gutter
Repave Streets
Drainage
. . ;.,;,~~~~,;~~,..,,,
Landscaping
Irrigation
Venetian Venetian Star,
UNy. UNy, Hibiscus. Belle I..
Phose 1 Pna.. 11 Palm Park
2007
2006
2005
2004 Coos!.
Cons!.
Neighborhood Entrance Signs
Traffic Calming
Park upgrade
2003
2002
2001
2CXfJ
$307.532 design
$3.536.618 Coos! $552CXXl Const
$146,160 design $48.CXXl design
$1,680,~ Cons! $552.CXXl Canst
Pedestrian pavement mark-
Venetian Causeway Master Plan
Phase 1- Venetian Islands
. Infrastructure and landscaping Improvements
. Pavement
. Sidewalk Improvements
. Curb and Gutter
. Landscape & Irrigation
. lighting
. Traffic control Improvement
. Gateway
. Drainage
. Water & Sewer Improvements
Venetian Causewav Master Plan
Phase II - Causeway
. Landscape, lighting, gateway Improvements
. Pavement
. Sidewalk Improvements
. Curb and gutter
. Landscape & Irrigation
. Gateway Treatment
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Belle Isle Park Imorovements
. Drainage Improvements
. Landscape, Irrigation, signage, pedestrian
lar Improvements, lighting and playground
nd 2007
Palm Island Park
. Tennis court lighting
. Tennis court resurfacing
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Star. Palm & Hibiscus Islands
. Traffic enhancements
. Landscaping
. Slgnage
. lighting
. Park Improvements
s I.'~ I...~ _ ~,..
D ~ 'U' rJ~~
FUNDING SOURCES
. 1999 General Obligation (G.O.! Bond - $6,946,150
- Parks - $675,000
- Streetscapes - $6,271,150
. 1994 Parks Bond - $244,092
. Proposed 2000 WaterlWaste Water Revenue Bond "
· Proposed 2000 Stormwater Revenue Bond
· local Option Gas Tax
. Quality of life Funds
. Concurrency Management System Funds
. Florida Department of Transportation (FOOT)
NEXT STEPS
G.O. Bond Oversight Committee ................. June 12, 2
(City Commission Chambers)
Conversion to Underground ........................ June 19, 2
Utilities Workshop
(City Commission Chambers)
City approves Water & Waste Water Revenue Bond
City approves Stormwater Revenue Bond 'iliimt
Community Workshops during Design & Construction Phases ~~
'-~
FOR ADDITIONAL INFORMA116'.J,~ tNTACT:
William H. Cory, South Beach Planne ~~~) 673-75
.".~
or John de Pazos (305) 673-700e.."i~,.
'~'"f
{'iJ;.
For further information please visit our WEBSITE http://ci.miami-each.fl.us
CoIl 130.5K>73.7010 VOICE fa _ material In ""c..ohlo fonnat "on I_'nle"".,." (.5 day> In advance when ~Iol. '" InFom.atlon on ace"" for P"""'" WIIh """"'1m..
MOR
DY SHORES
CITY OF MIAMI BEACH PROPOSED NEIGHBORHOOD CAPITAL IMPROVEMENTS PROGRAM
2Cf:X) - 2007
. Streetscope
.
Street lights
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Lighting
Landscaping
Underground wires
Sidewalks
Improve tennis courts
Entrance enhancements
Parking 2003
2002
Street ends 2001
2.OCt)
Traffic calming 2007
2006
Swales 2005
Enhance clubhouse
Normandv Shores Nel"hborhood Streetscaoe
Slnale Famllv Areas: ..
. ComprehensIve landscapIng .0
.
. Upgraded lIghting .
.
. SIdewalk repaIr and enhancements ..
. Street design for traffic calmIng ..
. Swale restoration ..
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. Street resurfacing .
. Improve street ends at Jones, Hagen and Ray ...
Streets ..
. CoordInate wIth utilIty companIes If buryIng ..
o
overhead wires .
.Wa~~e~pbcementsoodupgrodes
. Drainage Improvements
Falrwav Pork
. AlumInum fencIng
. New recreatIon buIldIng
. Basketbaff and tennis courts renovations
.lIghtlng
. LandscapIng
.Playground
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Normandv Shores Nel"hborhood Streetscaoe
MultI FamIly Areas:
. Street resurfacIng
. SIdewalk additions and repaIrs
. Improve swales for parking
. Enhanced landscapIng
. Street end lIghting, paving, landscaping,
parking
. Water lIne replacements and upgrades
. Drolnage Improvements
Golf Course
Clubhouse
Communlfy Center
FUNDING SOURCES
. 1999 General Obligation (0.0.) Bond - $4,400,000
- Parks $1,0CIJ,0CIJ
- Streetscapes $3,400,0CIJ
· 1994 Parks Bond - $3,018,063
· Proposed 20C1J WaterlWaste Water Revenue Bon
· Proposed 20C1J Stormwater Revenue Bond
· Golf Course Loan Pool
· Local Option Gas Tax
FOR ADDmONAL INFORMA
Joyce Meyers, North Beach Plan
(305) 673-75SJ
COORDIMATING PROJECTS
· Normandy Shores Golf Course and Clubhouse restoration and r
NEXT STEPS
G.o. Bond Oversight Committee ........ ......... June 12, 2(xx:) 6.
(City Commission Chambers)
Conversion to Underground ........................ June 19, 2
Utilities Workshop (City Commission Chambers)
City approves Water & Waste Water Revenue Bond
City approves Stormwater Revenue Bond Community
Workshops during Design & Construction Phases
For further information please visit our WEBSITE h<<p:l/Ci.miaml-
Call '305.l'J73-7010 VOICE Ie __ """""'" In acceMible formal: """ language _ t5 day. In odvonce wIoen "",,",Ie), '" Informatfon on """"" lor """"'" with cbcMIte.
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REQUESTS 'ID'EN11fl'lil5'lf':AEfu.ty.i'1S\)1.,'"O.lJiYlEETIRGS
2007
2006
2005
2004
2003
2002
2CXYJ
$386,CXXJ $830,CXXJ I $200,CXXJ I
$3,130,CXXJ $.460,(0) $69,CXXJ
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Rnv.hare Phase III - Flnmlnao Drive
. street rBSlJrfaclng
. sidewalk repair
. curb and gutter repair
. swalelplantlng sfrfp restoratfon
. enhanced landscaping wtthln overall streel>cape plan
. drainage upgrades
. street light upgrac:les
. streetscape design for traffic calming
. Flamingo water main rehabilltatfon
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~ phase V - 40 Street StrAeI>caDe
. street rBSlJrfaclng
. sidewalk repair
. curb and gutter repair
. planting strip restoration and enhanced landscaping
. street light upgrac:les
. streel>cape design and landscaping to provide a
buffer to residences to the south
. streetscape design for Improved on-street parking
Phase I - Rnvshore Nelnhborhood
. street resurfacing
. sidewalk repair
. curb and gutter repair
. swalelplantlng strip restoration
. enhanced landscapl
. dra;
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Island View Park
~ . . . . . . · · March 2001
Bovshore IV - Lake pat>mast- Area
. street resurfacing
. sidewalk repair
. curb and gutter repair and upgrade
. planting strip restoratfon and enhanced landscaping
. street light upgrades
. entryway features and enhanced street slgnag9
. streetscape c:/esIgn for traffic calming
. streel>cape design for Improved on-street parking
. Flamingo water main rehabil/fatfon
FUNDING SOURCES
· 1999 General Obligation (G.O.) Bond - $13,482,865
- Parks - $300,000
- Streetscapes - $5,075,000
- Facilities - $8,107,865
. 1994 Parks Bond - $3,176,880
· Golf Course Loan Pool $8,205,870
· Proposed 2000 WaterlWaste Water Revenue Bond
· Proposed 2000 Stormwater Revenue Bond
· Local Option Gas Tax
· Quality of Life Funds
· Concurrency Management System Funds
· Florida Department of Transportation (FOOT)
COORDINATING PROJECTS
· Bayshore Golf Course and Clubhouse Restoration and Renovation
· Fire Station #2 Renovation
· Public Works Yard
· Parks Maintenance Center
· 25th Street Water Storage Tanks and Water Booster Station Upgrade
· 23rd Street Bridge Improvements
· Alton Road Enhancements
· Collins Waterway Improvements and Restoration
· Stash site Improvements
NEXT STEPS
G.O. Bond Oversight Committee ................. June 12, 2QCX) 600 pm
(City Commission Chambersl
Conversion to Underground ........................ June 19, 2QCX) 6:30 pm
Utilities Workshop (City Commission Chambersl
City approves Water & Waste Water Revenue Bond
City approves Stormwater Revenue Bond
Community Workshops during Design & Construction Phases
FOR ADDITIONAL INFORMATION PLEASE CONTACT:
Mark Alvarez, Middle Beach Planner
(305) 673-7030
For further information please visit our WEBSITE httpJlcLmiaml-beach.fl.us
Cell (~.7010 VOICE to request maIorlalln acces<iblo fonnm; $Ign Imgooge In/srp>",",' is da,.1n advance when ,.,...,1eI. a Infa"'D"on "" accen for '*""" WIth &.d;1itIA .
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D ;rrc:" ". 'l-i ~ f _. 2c:x:::b - 2007 ,
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<~I;.,..>,;:!~~E7.~T'tt, Ittt PUR GQ~MUHITY
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2007
2006
2005 Slreet-
scope
2004
2003
2002
2001
2roJ
Indian Creek Greenway:
. planning and design for Indian Creek Greenway
section from 23rd Street to Allison Park 165th Street)
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Oceanfront neighborhood Slreetscape
Cross Streets, 25th - 43rd Streets:
. street resurfacing
. sidewalk repair
. curb and gutter repair
. enhanced landscaping
. street light upgrades
. enhanced pedestrian
access to the beach
. pedestrian amenlffes and restrooms
at select locations along beach access
. enhanced pedestrian access to the
Indian Creek Greenway
. coordinate with Indian Creek Greenway
plans and designs
. coordinate with Infrastructure upgrades under
Col~ns Avenue and Indian Creek Drive
North Beach
RecreatIonal
Corridor
Indian Beach
. Park
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Pancoast
· Park
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FUNDING SOURCES
. 1999 General Obligation (G.O.) Bond - $4,600,000
- Streetscapes - $4,600,000
. Proposed 2000 WaterlWaste Water Revenue Bond
. Proposed 2000 Stormwater Revenue Bond
. Local Option Gas Tax
. Quality of life Funds
. Concurrency Management System Funds
. Florida Department of Transportation (FOOT)
COORDIMATING PROJECTS
· Collins Avenue 12' Water Main Extension (41 st - 44th Streets)
· Collins Avenue Waste Water Collection System Extension
· Indian Creek Greenway
. North Beach Recreational Corridor
· 23rd Street Bridge Improvements
. 63rd Street Bridge and Intersection Enhancements
NEXT STEPS
G.O. Bond Oversight Committee ................ June 12, 2<XlO 600 pm
(City Commission Chambersl
Conversion to Underground ....................... June 19, 2000 6:30 pm
Utilities Workshop (City Commission Chambersl
City approves Water & Waste Water Revenue Bond
City approves Stormwater Revenue Bond
Community Workshops during Design & Construction Phases
FOR ADDITIONAllNFORMATlON PlEASE CONTACT:
Mark Alvarez, Middle Beach Planner .
(305) 673-7030
For further information please visit our WEBSITE http://ci.miami-beach.fl.u5
CoIl (30.5.1'>73-7010 VOICE 10 reqwoI matenalln <=O<SIb1e formal; SIgn language _ (5 dayo " odYanc. wIoon ,,-hie). or In",,","""" an ="" lor """"'" WIIh ci.d>i",,",-