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Res No 028-15-14367RESOLUTION NO:028-15-14367 A Resolution authorizing the CityManager to negotiate and execute an agreement with Brandano DisplaysInc.,for downtown business district LED lighting. WHEREAS,the City desires to enhance the downtown business district with the installationof year-round miniature LED lightinginstalledinvarious trees in the downtown business district;and WHEREAS,the City issued a Request forProposal (RFP)for the installation and maintenance of downtown business district LED lightingwhichwillprovideaminimum of36 months of uninterrupted use;and WHEREAS,the City received two sealed proposal in response to the RFP;and WHEREAS,the City determined the product quoted by Brandano Displays,Inc.,is ofahigherquality,produce a brighter lightandeachlight set hasalarger number of bulbs per strand than the low bidder;and WHEREAS,the expense forthisproject will notexceed $150,000 and charged to the Capital Improvement account 301-1790-519-6450. NOW THEREFORE BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THECITYOF SOUTH MIAMI,FLORIDA; Section 1.TheCity Manager is authorized negotiate and execute a 36-month agreement with Brandano Displays,inc.,for the installation and maintenance of downtown business district LED lighting over the term of the agreement. Section 2.Severability.Ifany section,clause,sentence,or phrase ofthis resolution isforany reason heldinvalidor unconstitutional bya court of competent jurisdiction,this holding shall not affect the validityof the remaining portions of this resolution. Section 3.Effective Date:This resolution shall take effect immediately upon enactment. PASSED AND ADOPTED this H dayof February ,2015. ATTEST:APPROVED: CITY CLERK Page 1 of2 Res.No.028-15-14367 COMMISSION VOTE:4-1 READ ANJ>#P1?ROVED ASTOFORM, IAMfiik^fF,|EfcAi iTV-zydnTfrrn itiom Page 2 of2 Mayor Stoddard:Yea Vice Mayor Harris:Yea Commissioner Liebman:Yea Commissioner Welsh:Yea Commissioner Edmond:Nay ^A..CITY OF SOUTH MIAMI MlcJITII 0FFICE 0F THE CITY MANAGER THE CITY OF pleasant living INTER-OFFICE MEMORANDUM To:TheHonorableMayor&Membersof the CityCommission From:Steven Alexander,City Manager Date:February 17,2015 AgendaItemNo. SUBJECT AResolution authorizing the City Manager to negotiate an agreement withBrandano Displays, Inc.for downtown business district LED lighting. BACKGROUND Inan effort to enhance the downtown business district,aRFP was issued for the installation and maintenance of LED miniature lightingonan estimated 163 trees within the downtown Business District.The contractor has responsibility to determine the number of light sets required in the designated areas identified in the RFP ''Scope of Services/'Itis the intention of the City to have the flexibility to illuminate the trees in the designated areas onan annual basis and not just during traditional holiday periods.Additionally,light sets provided by the Contractor shall provide a minimum of 36 months of uninterrupted use. Included in this service isa "Maintenance Program."Prices quoted shall included ongoing maintenance for a minimum of 36 months from the date of installation.Maintenance shall include,but not be limited to,restringing oflight sets to accommodate tree growth,alllight out issues (i.e.broken wire,faulty bulbs,etc),in case of vandalism,the labor for replacement of any light strand shall be included within the maintenance agreement. Over the 36 month term,ifa tree goes down or is damaged ina storm or other acts of God,the Citywill be responsible to remove the damaged tree and clear the area.Light sets will be removed from the damaged tree and disposed of by the City.The contractor will replace light sets in this case at a per light set cost.Installation and ongoing maintenance will be handled under the "Maintenance Program." The installation of the LED lights is anticipated to take approximately 30-days from receipt of a notice to proceed.The contractor shall not be permitted to cut back,trim or remove trees in the project area without securing prior written approval from the City Manager or his/her designee. TheCity received two proposals for this project.Asa result of the difference between the "LumpSum Price/'staff requested sample light sets from each respondent to determine if both met the specifications or,if the product isan approved equal.An inspection of the samples and specifications from each respondent determined the product quoted by Plant Professionals, while suitable for indoor/outdoor use,did not meet the specifications and is therefore,not an approved equal.Brandano Displays however,quoted the exact manufacture and specifications published in the RFP andisin compliance with the Product Specification.A detailed "Product Analysis"of both respondents products is included in the back-up. A summary of the proposals received is below: Respondent Lump Sum Price Brandano Displays,Inc.$148,506 Plant Professionals,Inc.$116,025 Brandano Display,Inc.,has previously donebusinesswiththe City,specifically the City's installationof the annualholidaylightingpriortobrining that functionin-house. ACCOUNT &EXPENSE AMOUNT Expenditure amountofnotto exceed $150,000 from account 301-1790-519-6450,Capital Improvement with a current balance of $364,500. ATTACHMENTS: Resolution Proposal,Brandano Display,Inc. Bid Opening Report Product Analysis RFP #PW2014-11 Addendum No.1&Addendum No.2 RFP Advertisement Demand Star Results SunBiz,Brandano Displays,Inc. 30SE I SUNDAY,FEBRUARY8,2015 MiamiHerald.com|MIAMI HERALD REACH US NEIGHBORHOOD NEWS EDITORIAL CommunityNewsEditor Amy Lipman Prezant 305-376-3456 alipman@MiamiHerald.com Editor Steve Rothaus 305-376-3770 srothaus@MiamiHerald.com Reporters CoralGables:Monique Madan, mmadan@MiamiHerald.com; Religion:Bea Hines. bea.hines@gmail.com YouthSportsEditor James Varsallone jvarsallone@MiamiHerald.com School News arichardson@MiamiHerald.com OTHER CONTACTS Advertising Liana Guilarte.305-376-4645 Calendardesk/listings 305-376-3355 Deliveryproblems HOO-THEHERALD (1-800-843-4372) Single-copy sales 305-376-3222 •CORAL GABLES j MIDDLE EASTERN i FESTIVAL TOBEHELD i ON VALENTINE'S DAY I WEEKEND Saint George Cathedral J willhostits annual Middle |EasternFestivalonSaturday, IFeb.14,andSunday,Feb 35.It •will run from II ajn.until mid- |night on Saturday,and from I noonto7 p.m.on Sunday. I The free festival will be a j celebration of the Middle ;Eastern Christian culture ;with food,gamesandliveen- \tertainment Therewillbea !specialappearancebysinger j Dr.Antoine Al-SafifromBei- |rut,Lebanon,andaperform- ;ancebytheSaintGeorgeCa- 'thedralDebkeTroupe. A brief ceremony will be :held on Feb.14at noon,ded- ;icatingthisyear'sfestivalto .;allthe Christians in the Mid dleEastCoralGablesMayor JamesCasonand city of Mia miMayor Tomas Regalado willspeak. •MIAMI TONY ROME' SCREENING AT VIZCAYA Part of the Viewing Viz- cayafilmseries,the Museum andGardenswillscreenTony Rome (1967)from7-9p.m. Feb.18 at 3251 South Miami Ave.Tickets are$12for mem bers and $18 for non-mem bers.Food and drink availa ble.Topurchasetickets,visit www.vizcaya.org.Tickets will also be sold at the door from 630-730 pjn. •CUTLER RIDGE 'SPEAKING SUSTAINABLY'FILM SERIES SCREENING "Imagining a New Flor 'CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the CityCommissionoftheCityofSouthMiami, FloridawillconductPublicHearing(s)atitsregularCityCommissionmeetingscheduled forTuesday.February 17.2015 beginningat7:00p.m.,intheCityCommission Chambers,6130 SunsetDrive,to consider thefollowingitem(s): A Resolution authorizing theCity Manager to negotiate and execute an agreement witrT BrandanoDisplaysInc..fordowntownbusinessdistrictLEDlighting. An Ordinance amending Section 7-15.2 (g)ofthe Code of Ordinance oftheCityof" SouthMiamiin pcrlincnt pari toprovideforCommissionapprovedchangeindemolition daysandhoursofoperation. An OrdinanceamendingSection 7-16.(g)of the CodeofOrdinancesof the CityofSouth MiamiinpertinentparttoprovideforCommissionapprovedchangein construction daysandhoursofoperation. AnOrdinanceamendingSection15-91oftheCodeofOrdinanceoftheCityof SouthMiamiisherebyamendedinpertinentparttoreferenceSections7-15and7-16 concerningconstructionoperationsinplaceofspecificlimitationsonhoursofoperation. ALL interested partiesarcinvitedtoattendandwillbeheard. Forfurtherinformation,pleasecontact the CityClerk'sOfficeat:305-663-6340. MariaM.Menendez,CMC CityClerk Pursuant to Florida Statutes 286.0105.theCityherebyadvisesthepublic tluit ifa person decidestoappealanydecision madebythis Board.AgencyorCommissionwithrespecttoany matterconsideredatitsmeetingor hearing,heorshewill need arecordoftheproceedings,andthatforsuch purpose,afleetedpersonmay need toensure that averbatimrecordof the proceedingsis made whichrecord include*the icxlimony andevidenceuponwhich the appealisto bo based. ida,"a documentary about community andtheimpactof urban sprawl,will be screened at7 p.m.Feb.25at theDeeringEstateatCutler, 16701 SW 72 Ave.Event is free and open to the public.For more information,visit www.deeringestate.org. •CUTLER RIDGE JAZZ CABARET WEEKEND AT SOUTH MIAMI-DADE CULTURAL ARTS CENTER Enjoya weekend of jazzat the South Miami-Dade Cul tural Arts Center,10950 SW 211St The Peter andWill An dersonTriowill perform at 830 pan.Feb.27.The Martin Bejerano Trio,featuringVi vian Sessoms,willperformat 730and930 p.m.Feb.28. Tickets for each show are $25 in advance,and $30 the day oftheshow.Topurchase tickets,call 786-573-5300 or visit www.smdcac.org. •CUTLER RIDGE THE COLORED MUSEUM'AT THE DEERING ESTATE TheatreSouth Atlanta will perform The Colored Mu seum to celebrate Black His toryMonthat8 pjn.onFeb 20;2and730 pjn.onFeb.21;2 pjn.on Feb.22;8 pjn.onFeb. 27;2and730 p.m.onFeb.28; and2 pjn.onMarch1atthe DeeringEstateat Cutler. Tickets are$20for adults and $10 forstudents.Topur chase tickets,visit www.deeringestate.org or call 305-235-1668,ext 233. •PINECREST PINECREST POLICE DEPARTMENT GUN SAFETY WORKSHOP Afreegun safety work shopwillbeheldat7p.m. Feb.19at the Pinecrest Com munity Center,5855 Killian Dr.,toteachparentsandchil drenlife-savingtips.RSVP to mhammontree@ pmecrest-fl.gov. •SOUTHWEST DADE EVERGLADES NATIONAL PARK HOSTS CERAMIC LEAGUE OF MIAMI ART EXHIBITION Afreeart exhibit by the CeramicLeague of Miami willbeondisplaythroughout FebruaryattheErnestF.Coe 'VisitorCenterGalleryatEv ergladesNationalPark,40001 State Rd.9336.An artist's re ception willbe held from2-4 p.m.Feb.14.The center is openfromfrom8 ajn.-5 p.m. daily.For information,call 305-242-7700. NEIGHBORS CALENDAR •CALENDAR,FROM14SE likeotherpartsofthe body,itcan sometimes malfunction.Thisfasci natinglimited-engagementexhibit foraiiagesprovidesahandsonand upcloselookatthehumanbody's mostessentialand fascinating organ byexploringItsdevelopment, geographyandfunction.In the process,the exhibition makes brain-related disorders easierto understand.Feb.812 p.m.-6 p.m.; Feb.9-Feb.M10 a.m.-5p.m.;Feb.15 12p.m.-6p.m.;Feb.16-Feb.2110 a.m.-5 p.m.;Feb.2212 p.m.-6p.m. Included in admission Museum of DiscoveryandScience401S.W. Second St,FortLauderdale. BrowardCountyPublicSchools- SchoolChoiceApplicationThe SchoolChoiceapplicationwindow foramagnetprogram.NovaSchool, orschoolreassignmentforthe *°V« schoolyeartakesplaceDecember1, 2014-FebruaryU 2015.Toassist parentsin exploring theSchool Choiceoptionsfortheir student information is now available on the District'swebsite,browardschool- sxom.Justclickon the School Choice-It's Easyas..1,2,3icon. Parentscanapplyonlineordown loadpaperapplicationsfromthe SchoolChoice Webpagebeginning December1,2014.Paperapplications will alsobeavailableat the firstfloor securitydeskattheKathleenC. WrightAdministrationCenter.Paper applicationscanbesubmittedby mailorin person.Mailcompleted applicationsto:Attn:Demographics &StudentAssignmentsSchool BoardofBrowardCountyorida.600 SEThirdAvenue,FortLauderdale 33301 Hand-delivercompleted applicationsto:SecurityDesk-First Floor Kathleen C.WrightAdminis trationCenter,Attn:Demographics & StudentAssignmentsSchoolBoard of Broward Countyorida 600SE ThirdAvenue,FortLauderdale33301. Feb.8-Feb.T)Broward County Public Schools600 S£.Third Ave..Fort Lauderdale. CityTheatre:IslandShortsCity Theatre continues its 20th anni versarycelebrationwithabrandnew KeyBiscayneproductionof"Island Shorts,"aspecialprogramthatwill compriseseven"BestoftheFest" playsfrom19previousseasonsof "Summer Shorts."America's Short Play Festival,andonenewplay selectedfromthecompany'srecent "SwampShorts"playreadingshow case.Feb.84 p.m.-5:30 p.m. $20-$30Key Biscayne Community Center10Village GreenWay,Key Biscayne. ComparteelMovimientoCoca- Cola's"Comparte elMovimiento"isa dancecontestthatinvitesyoung peopletodancetosupportacause oftheir choice.Coca-Cola will award upto$3,000tothewinningteams' charity,organizationorschool.The firstandsecondrunner-upwill receive $1000 and$500fortheir cause. To enter,grabyour friends,learn thesignaturedancemoveand recordadanceroutinetotheofficial contestthemesong."LetFunTake Control."byLatinoduoNorthRock 360.Upload your video to YouTube andusethelinktosubmityourentry byFeb.5. Visit www.comparteconcoke.com todownloadthe song,learnthe dancemoves,reviewthecomplete detailsandenterforachancetowin. Thisismuchmorethanjusta dance competition.Itisachanceto winbigforyourcommunityor school. Beapartofthe movimiento. Finalists willbeannouncedon March I Voteeveryday.onceaday,March 1-8,using tf BailaConCoke.Three finalists withthemostvotesperform liveonthe Coca Cola Stageat Calle OchoonMarch15.Feb.8-Feb.22 Comparte ei Movimiento South Florida,Miami. CoralGablesSisterCities:Partners InPeaceThisexhibitionisdedicated totheCoralGablessistercitiesand thesistercities movement launched by President DwightD.Eisenhower in 1956.Eisenhower calledthepublic topromotecultural understanding andreachouttocitizensof other nations amidst aColdWarenvi ronment Visitorsare invited tolearn aboutthehistoryofthisinternation alpeaceprogramanduncoverthe connections between Corai Gables andhersistercities.Ongoinginthe PerrinInternational Reception Hall, eachofthefivesistercitieswillbe representedthroughvideos,maps •TURNTO CALENDAR ,31SE MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and LegalHolidays Miami,Miami-DadeCounty.Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforetheundersigned authority personally appeared M.ZALDIVAR,whoonoath says thatheor she isthe LEGAL CLERK,LegalNoticesofthe Miami Daily Business Reviewf/k/a Miami Review,adaily(exceptSaturday,Sunday and LegalHolidays)newspaper,publishedatMiamiinMiami-Dade County,Florida;thatthe attached copyof advertisement, being aLegal Advertisement ofNoticein the matter of CITY OF SOUTH MIAMI PUBLICHEARING-FEB.17,2015 in the XXXX Court, was published in said newspaper inthe issues of 02/06/2015 Affiant furthersaysthatthesaid Miami Daily Business Reviewisa newspaper published atMiamiin said Miami-Dade County,Florida andthatthesaidnewspaperhas heretofore been continuously published insaid Miami-Dade County, Florida,eachday (except Saturday,Sunday and Legal Holidays) andhasbeenenteredassecondclass mail matterat thepost office in Miami insaid Miami-Dade County,Florida,fora periodofoneyearnextprecedingthefirst publication ofthe attachedcopyof advertisement;and affiant further saysthatheor shehas neither paid nor promised any person,firm or corporation any discount,rebate,commission or refund for the purpose ofsecuring this advertisement for publication inthesaid newspaper. *&%>£*. NOTICE OF PUBLIC H NOTICE IS.HEREBY g>en thatthe Cfty Cfcmffigssfetf #-ffc€Hy of South Miami,Florida u#conduct ftfoife rte^gfcjf *at ffi regular City Commission meeting scheduled for Tuesday.-February 17.2015 begifining.at 7:00p.m.,in the City CoramissldnMamhterer eftSfrSunset Drive,to ccnsfderthefonowingttern(s): A Resolution authorizing the City Manager to negotiate,and execute an agreement with'Brandano Displays inc*4 for .downtown businessdistrict LED lighting. An Ordinance amending Section*7-15.2 (p)of the Qqde of Ordinance oftheCity ofSouth Miami inpertinent pjutta provide for Commission approved change in demolition days and hours ofoperatfoa An Ordinance amending Section 7-16..(g)of fte Cpde of Ordinances oftheCity ofSouth Miami inpertinent part toprovide for Commission approved change inconstruction days arid hows .of operation. An Ordinahce amending Section 15-91 oftheCode ofOrdinance .of theCity ofSouth Miami is hereby amended in pertinent part •to reference Sections 7-15 and7-16 concerning construction operations inplace ofspecffielimitations onhours ofoperation. ALL interestedpartiesare invged toattendand willbeheard. •,por&irtfser^^ vi er.&j&si&ki ;J};u:-&&?•&&?•'±1 --• (SEAL) M.ZALDIVAR personally k*S^Qte>#% z*s ^0<®Sw55:« \Ji #FF0W747 MariarWl.Meneridez,CMC CityClerk. Pursuant to Florida Statutes 286.0105,theCity hereby advises the pubOc thatifa person decides to appeal any decision,made by this Board, Agency or ICommission with respect toany matter considered atits meeting or hearing,heorshe will need a record ofthe piroeedings,and thatforsuchpurpose,affected person mayneedto ensuralhatayerbalim record ofthe proceedings is made which record includes trie testimony andevidenceuponwhichthe appeal isfo be basea\•• 2,6 •—....:A§&m(2AQ4&8M •••••*»*' MIAMI HERALD |MiamiHerald.com Public Notice The Public isadvisedthattheSouthAMunicipalAdvisoryCommittee (MAC)will be holding ameeting onTuesday,January 27,2015 at6:30 P.M.atDeenvoodBonitaLakesPark,14445 SW122ndAvenue, Miami,33186. The MAC will be evaluating the potential incorporation oftheareaintoaseparate municipality;it will also be meeting withstafftodiscussthe County's concerns regarding anyadverseimpacttothe remaining unincorporated municipal serviceareaorother regional municipal-type servicesthat could occurdueto anysuch incorporation. TheMAC areais generally bounded as follows: -•%&1T.\\l: NORTHERNMOSTBOUNDARY: SW 120th Street SOUTHERNMOST BOUNDARY: SW 232nd Street EASTERNMOSTBOUNDARY; US1 WESTERNMOST BOUNDARY: SW 157th Avenue (Boundariesonlyincludeareaswithin CountyCommissionDistrict9forstudyarea) The-public is invited toshareitsthoughtson incorporation,theproposedboundaries,servicesitwishesto seeenhancedandany additional information thatmayassistthe MAC initsdeliberations. Forlegal ads online,goto http://legalads.miamidade.gov SE SUNDAY,JANUARY 25.2015 |9SE CITY OF SOUTH MIAMI COURTESY NOTICE NOTICEISHEREBY given thattheCity Commission oftheCityofSouth Miami,Florida will conduct Public Hearing(s)atits regular City Commission meeting scheduled for Tuesday.February 3.201S beginning at 7:00 p.m., in the City Commission Chambers,6130 Sunset Drive,toconsider the following item(s): AResolutionforSpecialUseApprovaltopermitageneral restaurant at5701 Sunset Drive,Shops at Sunset Place,UnitC11C,within the SpecialtyRetail "SR",HometownDistrictOverlay "HD-OV". /AResolution authorizing the City Manager to negotiate and execute \ /an agreement with Brandano Displays Inc.,for downtown business I I district LED lighting.J ALLinterestedpartiesareinvitedtoattendandwillbe heard. For further information,pleasecontacttheCityClerk'sOfficeat:305-663-6340. MariaM.Menendez,CMC CityClerk Pursuant toFlorida Statutes 286.0105,theCityhereby advises the public that ifa person decides toappeal any decision made by this Board.Agency orCommission with respect to any matter considered atitsmeeting or hearing,heorshewillneed a record oftheproceedings,and that for such purpose,affected person mayneed to ensure thata verbatim record oftheproceedings ismadewhichrecord includes the testimony andevidence uponwhichtheappealistobebased. PINECREST Pmecres!estate comes with ocustom mohogony library. CORALGABLES ,OPENSUNDAY 12:30-2:30CORALGABLES It 1000 tacwivcWftVdS 'vAA fawtteL O^bt/aitoladcapiia MriflhebMarilt jfe nmwM>°*»•l»Bofwotetwii CORAL GABlpropefy»presfab«(^byl!)e 1939VAJWp»GiaiS^fcoBftl nwsfRt raKsfe EN SUNDAY 3:00-5:00 .—JaAf»Bw/&e^KnBafocniw/dOTedi M,688fd00 JbcJzsbbl^2«p^h^l^od«nftdows&oWf,brjnwipcoT$1,648tOOO 1511 BLUERD CORALGABLESOPEN,SUNDAY12:30-2:30PINECREST,, sddvood&xn16Vs Uc^i w/gr»ae cr^,ss k^.3x£s^/fit bocyp^ilop^ss.wqoda&di bPLrecre^iWol tght pouing tkrv everyw-jbw!K .,.._,_,..,....„..,_^..-,,jdWublaW/axB'counletlops &norLToItt&ne boduobsn.Fferdt ocors ite\k'pjw&wQi&^^&hl<^Fm.^1,348,000 yofdw/fw!ibojkdbriscop^!rtrr^r*'—' bottle wine cellar,diesel generator,hurricane windows/doors,chef's dream iedtlss (dv/^c^.GrteosaHeloicI^Seo!5W^3w«2>l^w^erbaikoni8w^avi kitchen with Wing ond Miele optionee,elevator,fVeploce.marble ihrouoh JwNdBlGft^aikBMtfMrd^in Coral Gables!Pineorest...,,rr ,,-.,,.„,,,„,jrmt Beenealon/sdiooT(£skicl out,ornamental moldings.Summer Kitchen.Heated pool.$3,750,000 0-^fd*/inm!lwl'<|x^f^(Uj^!Ger*frdj:$2,889,000 boot.Refold mow 6»yw drew lose! OPEN SUNDAY 12:30-2:30 jlhhome indesirable Coral Gobies toco- Ifrom heod to joe.Mojeslic 11,550 sflol spewing pool!Hurricane irnpoct doors $848,000 101 SIDONIA AVE #304 CORAL GABLES Stoning 2/2 coooo ia the heart of Corel Gobies!ka$Jl wood andraorUeSqorjlGoniteairojertas,wood cobineb,washer/dryer inside unit,2covered parking somtwe&fewews hrjmyoyrpwn prrotebctooy.Gym,Joconi.craw ktam d woJlcing to the resb^anls avl shecj on Mi/ode M!k'$399,000 PHI fCN TO VIEW ALL OF BELINDA'S LISTINGS VISIT www.ReaiEstatebyBeIinda.com or call:786-344-9579 I I M LZZJ Sime Really Corporation 12140 South Dixie Highway ISuite 301 IMiami,FL 33133 Like us on facebook [www.fb.com/Realestatebybelinda MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and LegalHolidays Miami,Miami-DadeCounty,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforethe undersigned authority personally appeared M.ZALDIVAR,who on oath says that he or she is the LEGALCLERK,Legal Notices oftheMiamiDaily Business Reviewf/k/a Miami Review,adaily(exceptSaturday,Sunday andLegalHolidays)newspaper,published atMiamiinMiami-Dade County,Florida;that the attached copyof advertisement, being a Legal Advertisement ofNoticein the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -FEBRUARY 3,2015 in the XXXX Court, was published in said newspaper inthe issues of 01/23/2015 Affiant further says thatthesaid Miami Daily Business Reviewisa newspaper published atMiamiin said Miami-Dade County,Floridaandthatthesaid newspaper has heretofore been continuously published insaid Miami-Dade County, Florida,eachday(except Saturday,Sundayand Legal Holidays) andhasbeenenteredassecondclassmailmatteratthepost officein Miami insaid Miami-Dade County,Florida,fora periodofoneyearnextprecedingthefirst publication ofthe attachedcopyof advertisement;and affiant further saysthatheor shehasneitherpaidnor promised anyperson,firm or corporation any discount,rebate,commission or refund forthepurpose ofsecuring this advertisement ^publicationinthesaid newspaper. (SEAL) M.ZALDIVAR person^ "•••♦•Li**** CITY OF NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given thatthe City Commission ofthe City of South Miami,Florida will conduct Public Hearing^).atfe regular CHy- Commission meeting:scheduled -for Tuesday.February a:t 201$ beginning at 7:00p.m.,irtfh*City Coramis^ron Chambers,61.30 Sunset Drive,toconsidermeibllpwlngftemfe):. A Resolution for Special Use Approval to permit a:general •restauiart at 5$1 Sunset Dny C11C;witftn the Specialty Retail.*$R»,Hometown District -Overlay "Hb-QV.*."..:•-;. A Resolution auffiorizing the City Manager to negotiate and executeanagreementwithBrandano Displays/Inc..for downtoWn'busihess district LEDflghtirtg. ..ALL interested partiesare invited toattendandwfllbeheardl s .Forfurther Information,pleasecontactthe City CterK&Office at •305-663-6346/ ..Maria M.».J ;£uLsu^fjtQ<fto^__ ;fftbjr*tf&#4^ Boards Agency or Commission with re^ejsffo a^y^ter.eoftlaered at its meeting or hearing,hetfr shewilrjfe&f a record bfSe^oceedings. and thaifor^sucb purpose;affected ftdykn mayneed io ensurefoata verbatim record of the proceedingsIs madewhichifccprd includesthe testimony andevidence upon whiehntie appeal istobe based. i/23 1.'I-'-Ll.^15^4ii^L98071M Soutlf Miami THE CITY OF PUASANT LIVING CITY OF SOUTH MIAMI Downtown Business District LED Lighting Proposal Due Date:10 AM,November 6,2014 RFP#PW20I4-II Solicitation Cover Letter The City of South Miami,Florida (hereinafter referred toas "CSM")through its chief executive officer (City Manager)hereby solicits sealed proposals responsive tothe City*s request (hereinafter referred toas "Request for Proposals"or "RFP').All references in this Solicitation (also referred toasan "Invitation for Proposals"or "Invitation to Bid")to "City"shall bea reference totheCity Manager,orthe manager's designee,fortheCityof South Miami unlessotherwise specifically defined. TheCityisherebyrequestingsealedproposalsinresponsetothis RFP #PW20I4-II titled Downtown Business District LED Lighting.Thepurposeofthis RFP istocontractforthe services necessaryforthe completion oftheprojectinaccordancewiththescopeof services andthe plans and/or specifications,ifany, described inthisRFP (hereinafter referred to as "the Project"or "Project*') Interested persons whowish to respond tothisRFPcanobtain the complete RFPpackageat the CityClerk's officeMonday through Friday from9:00 A.M.to4:00 P.M.or byaccessing the following webpage: http://www.southmiamifl.gov/whichistheCityofSouth Miami's webaddressforsolicitationinformation. Proposals are subject to the Standard Terms and Conditions contained in the complete RFP Package,includingall documents listed in the RFP Table of Concents. TheProposalPackageshall consist of one (I)originalunboundproposal,two(2)additionalcopiesandone(I) digital (or comparable mediumincludingFlashDrive,DVD or CD)copyallofwhichshallbedelivered to the OfficeoftheCityClerklocatedatSouth Miami City Hall,6130 Sunset Drive,South Miami,Florida 33143.The entire ProposalPackageshallbe enclosed inasealed envelope or container andshallhave the followingEnvelope Informationclearlyprinted or writtenonthe exterior oftheenvelope or container inwhichthesealedproposalis delivered:the tide ofthis RFP,asfollows Downtown Business District LED Lighting Project,RFP #PW20I4-I I and the name of the Proposer (also referred to as "Respondent").Special envelopes suchas those providedbyUPS or FederalExpresswill not beopenedunlesstheycontainthe required EnvelopeInformationon the front or backof the envelope.SealedProposalsmustbereceivedbyOfficeof the CityClerk,either bymail orhand delivery,nolaterthan 10 A.M.local time on November 6,2014.Apublicopening will takeplaceat 10 A.M.onthesamedateintheCityCommissionChamberslocatedatCity Hall,6130 Sunset Drive,South Miami 33143.AnyProposalreceivedafter 10 A.M.localtimeonsaiddate will notbeacceptedunderanycircumstances. Anyuncertaintyregarding the timeaProposalisreceivedwillberesolvedagainst the personsubmittingthe proposal andinfavorof the Clerk's receipt stamp. A Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission Chambers on October 28,2014 at 10:00 A.M.The conference shallbeheld regardless of weather conditions.Proposals are subject tothe terms,conditions andprovisionsofthis letter aswellas to those provisions,terms,conditions, affidavits and documents contained inthisRFPPackage.TheCity reserves therighttoaward the Project tothe person withthelowest,most responsive,responsibleProposal,as determined bytheCity,subjectto the rightof theCity,or theCityCommission,to reject anyandallproposals,andtherightof the City to waiveanyirregularity in the Proposals or RFP procedure and subject also to therightoftheCitytoawardthe Project,and execute a contract witha Respondent or Respondents,other thantoonewhoprovidedthelowestProposalPriceor.ifthe scope of the work is divided into distinct subdivisions,to award each subdivision to a separate Respondent. Maria M.Menendez,CMC City Clerk,City of South Miami Page I of 50 SoiurMiami THE CITY OF PLEASANT LIVING ADDENDUM No.#1 ProjectName:Downtown Business DistrictLEDLighting RFP NO.PW2014-11 Date:October 30,2014 Sent:Fax/E-mail/webpage This addendum submission is issued to clarify,supplement and/or modify the previously issued Request for Qualifications (RFQ)Documents,and is hereby made part of the Documents.AH requirements of the Documents not modified herein shall remain in full force and effect as originally set forth.It shall be thesole responsibility ofthe bidder to secure Addendums that may be issued fora specific solicitation. Note:The "Schedule of Events"has been revised,including the Deadline to Submit RFP Response. See chart below: 3 Deadline to Submit Questions 11/7/2014 10:00 AM 4 Deadline toCity Responses to Questions 11/12/2014 10:00 AM 5 Deadline to Submit RFP-Response 11/18/2014 10:00 AM 6 Announcement of selected Contractor/Cone of Silence ends 12/18/2014 7:00 PM Question #1: CantheCity clarify thetypeoflightsetsthatare required? Answer to Question #1: The specification forlightsetsrequiredbytheCityareas follows: o Manufacturer:Blachere Illumination,oran approved equal. o Product No:FL508 Page 1 of2 oDescription:200LED'sperstrand,4"apart;12Watt;120 Volt o Cable Color:Green o LED Color:Pure white. Question #2: WilltheCitybeleasingthelightsoristhisacapitalproject. Answer to Question #2: Thisisacapital project fortheCity. Question #3: Onethetreesinthedesignatedareashavelights installed,whois responsible whenatreegoesdownor is damaged ina storm or other acts of God. Answer to Question #3: TheCityis responsible to remove a damaged treeand clear thearea.Lightsets will be removed from thedamagedtreeanddisposed of bytheCity.Eventually,theCitywillinstalla replacement tree.In thiscase,the "per lightset"pricesubmittedbyarespondentwillbeusedtopurchasetherequired replacement lightsets.The contractor willinstallthe replacement lightsetsandwillbehandled under the "Maintenance Program" Question #4: Isthe maintenance program onan "on-call"basisor,basedon regular inspections bythe contractor? Answer to Question #4: The maintenance programisbothonan "on-call"basisandby regular inspections,the frequency tobe determined bythe contractor. Question #5: Doail streets identified inthe Scope of Services have power forthe installation of the LED light sets and,if not,how does the contractor handle this situation? Answer to Question #5: Pleasesee revisedScope of Services,"Site Locations,"dated October 30,2014 IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page2 of2 Sou#Miami THE CITY OF PLEASANT LIVING ADDENDUM No,#2 Project Name:Downtown Business District LED Lighting RFP NO.PW2014-11 Date:November 10,2014 Sent:Fax/E-mail/webpage This addendum submission is issued to clarify,supplement and/or modify the previously issued Request for Proposal (RFP)Documents,and is hereby made part of the Documents.All requirements ofthe Documents not modified herein shall remain in full force and effect as originally set forth.Itshallbethe sole responsibility ofthe bidder to secure Addendums thatmay be issued fora specific solicitation. Question #1: Can I please get clarification on where the lights begin?Atthe ground or where the outlet is, whichis 3'-4!abovetheground. Answer to Question #1: The installation of the LED lights begin at the electrical outlet and proceed outward. Question #2 Areweto decorate thetrunksand canopies orjustthe trunks? Answer to Question #2: Trunks and canopies aretobe decorated with LED lights.Itisstrongly recommended for interested parties to inspect existing Holiday Lighting recently installed by the City and currently inplaceinthe downtown areaon Sunset Drive (SW 72 Street)andeastofUS1and west of RedRoad(SW57 Avenue). IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page1 of1 SCHEDULE OF EVENTS No Event Date*Time* (EST) 1 Advertisement/Distribution of Solicitation &Cone of Silencebegins 10/14/2014 4:00 PM 2 Mandatory Pre-RFP Meeting 10/28/2014 10:00 AM 3 Deadline to Submit Questions 10/31/2014 10:00 AM 4 Deadline to CityResponses to Questions 11/03/2014 10:00 AM 5 Deadline to Submit RFP-Response 11/06/2014 10:00 AM 6 Announcement of seleaed Contractor/Cone of Silence ends 11/18/2014 7:00 PM END OF SECTION Thomas F.Pepe 9-10-14 Page3 of 50 INSTRUCTIONS for RESPONDENT ITIS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TOTHE SOLICITATION (HEREINAFTER ALSO REFERRED TOASTHE "PROPOSAL" THROUGHOUTTHE CONTRACT DOCUMENTS)REACHES THECITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE RFP FORM. 1.Purpose of RFP.TheCityof South Miami is requesting proposals for thelowest and most responsive price for the Project.TheCity reserves the right to award the contract tothe Respondent whose proposal is foundtobeinthebestinterestsoftheCity. 2.Qualification of Proposing Firm.Response submittals to this RFP will be considered from firms normally engaged in providing the services requested.The proposing firm must demonstrate adequate experience, organization,offices,equipment and personnel to ensure prompt and efficient service totheCityof South Miami.TheCity reserves the right,before recommending any award,to inspect the offices and organization ortotake any other action necessary to determine ability to perform in accordance withthe specifications,terms and conditions.TheCityof South Miami will determine whetherthe evidence of ability to perform is satisfactory and reserves the right to reject all response submittals tothis RFP where evidence submitted,or investigation and evaluation,indicates inability ofa firm to perform. 3.Deviations from Specifications.The awarded firm shall clearly indicate,as applicable,all areas in which the servicesproposeddonot fully complywiththe requirements ofthis RFP.The decision astowhetheran item fully complies withthe stated requirements rests solely withtheCityof South Miami. 4.Designated Contact.The awarded firm shall appoint a person to act as a primary contact with the City of South Miami.This person or back-up shall be readily available during normal work hours by phone,email, or inperson,andshallbeknowledgeable of the terms of the contract. 5.Precedence of Conditions.The proposing firm,by virtue of submitting a response,agrees that City's General Provisions,Terms and Conditions herein will take precedence over any terms and conditions submitted with the response,either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence,with the one having the most precedence being atthe top ofthe list and the remaining documents in descending order of precedence. This orderof precedence shall apply,unless otherwise specified inthe Contract or General Conditions to the Contract: a)Addenda to RFP b)Attachments/Exhibits to RFP c)RFP d)Attachments/Exhibits to Special or supplementary conditions to Contract e)Special or supplementary conditions to Contract f)Attachment/Exhibits to Contract g)Contract h)General Conditions to Contract i)Proposal 6.Response Withdrawal.After Proposals are opened,corrections or modifications to Proposals are not permitted,but the City may allow the proposing firm to withdraw an erroneous Proposal prior tothe confirmation ofthe proposal award by City Commission,if all ofthe following is established: a)The proposing firm acted in good faith in submitting the response; b)The error was notthe result of gross negligence or willful inattention onthe part ofthe firm; c)The error was discovered and communicated to the City within twenty-four (24)hours (not including Saturday,Sunday ora legal holiday)of opening the proposals received,along with a request for permission to withdraw the firm's Proposal;and d)The firm submits an explanation in writing,signed under penalty of perjury,stating howthe error was made and delivers adequate documentation tothe City to support the explanation and toshow thattheerrorwasnottheresultof gross negligence or willful inattention nor made inbad faith. 7.The terms,provisions,conditions and definitions contained in the Solicitation Cover Letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. 8.Any questions concerning the Solicitation orany required need for clarification must be made in writing,by 10 AM,October,31,2014 totheattentionofStevenP.Kullck at skulick@southmiamifl.gov or via facsimile at (305)663-6346. Page4 of 50 Thomas P.Pepe 9-10-14 9.The issuance ofa written addendum isthe only official method whereby interpretation and/or clarification of information can be given.Interpretations or clarifications,considered necessary by the City in response to such questions,shall be issued bya written addendum tothe RFP Package (also known as "RFP Specifications"or "RFP')byUS.mail or other delivery method convenient tothe City and the City will notify all prospective firms viatheCity'swebsite. 10.Verbal interpretations or clarifications shall be without legal effect No plea bya Respondent of ignorance ortheneedfor additional information shall exempta Respondent from submitting the Proposal onthe requireddateandtimeassetforthinthe public notice. 11.Coneof Silence:Youarehereby advised thatthisRequestfor Proposals is subjecttothe "Cone of Silence,"in accordance with Miami-Dade CountyOrdinanceNos.98106 and 99-1.Fromthetimeof advertising until theCity Manager issues his recommendation,thereisa prohibition on verbal communication withtheCity's professional staff.Allwritten communication mustcomplywiththe requirements oftheConeof Silence.TheConeof Silence doesnot apply to verbal communications at pre- proposal conferences,verbal presentations before evaluation committees,contract discussions during any dulynoticed public meeting,public presentations madetotheCity Commission during any duly notice public meeting,contractnegotiationswiththestaff following theCity Manager's written recommendation fortheawardofthe contract,or communications inwritingatanytimewithanyCityemployee,official or member of theCityCommissionunless specifically prohibited.Acopy of all written communicationsmust be contemporaneously filed with the City Manager andCityClerk 12.Violation ofthese provisions byany particular Respondentorproposer shall renderany recommendation fortheawardofthecontractor the contractawardedtosaid Respondent orproposervoidable,and,in suchevent,said Respondent orproposer shall notbeconsideredforanySolicitationforaproposal,for qualifications,fora letter of interest orbidconcerningany contract fortheprovision of goodsorservices foraperiodofoneyear.Contact shall onlybemadethrough regularly scheduledCommissionmeetings, ormeetingsscheduledthrough the Purchasing Division,whicharefor the purposesofobtainingadditional or clarifying information. 13.Lobbying.Allfirmsandtheiragentswhointendtosubmit,orwhosubmitted,bidsorresponsesforthis RFP,areherebyplacedon formal noticethatneitherCityCommissioners,candidatesforCity CommissioneroranyemployeeoftheCityofSouth Miami aretobelobbiedeither individually or collectivelyconcerningthis RFP.Contact shall onlybemadethroughregularlyscheduledCommission meetings,ormeetingsscheduledthroughthe Purchasing Division,whichareforthepurposesofobtaining additional or clarifying information. 14.Reservation of Right.TheCityanticipates awarding onecontractforservicesasaresult of this RFP and thesuccessfulfirm will berequestedtoenterintonegotiationstoproduceacontractfortheProject.The City,however,reservesthe right,initssolediscretion,todoany of the following: a)torejectanyand all submittedResponsesandtofurtherdefineorlimitthescopeofthe award. b)towaiveminor irregularities intheresponsesorintheprocedurerequiredbythe RFP documents. c)to request additional informationfromfirmsasdeemednecessary. d)tomakeanaward without discussionorafterlimitednegotiations.Itis,therefore,important thatall theparts of the Request forProposalbe completed inall respects. e)tonegotiatemodificationstothe Proposal thatitdeems acceptable. f)toterminate negotiations intheeventtheCitydeemsprogresstowardsacontracttobe insufficient andtoproceedtonegotiatewiththeRespondentwhomadethenextbest Proposal.TheCity reserves the right to proceedinthismanneruntilithasnegotiateda contract thatissatisfactoryto the City. g)TomodifytheContractDocuments.Thetermsofthe Contract Documents aregeneralandnot necessarilyspecificto the Solicitation.Itis therefore anticipatedthat the Citymay modify these documents to fit the specificprojector work in question and the Respondent,bymakingaProposal, agreestosuch modifications andtobeboundbysuch modified documents. h)tocancel,in whole orpart,anyinvitationforProposalswhenitisin the best interest of the City, i)toaward the Project to the person with the lowest,most responsive,responsible Proposal,as determined by the City, j)to award the Project,and execute a contract with a Respondent or Respondents,other than to one who provided the lowest Proposal Price, k)if the scope of the work isdividedintodistinctsubdivisions,toawardeachsubdivision to aseparate Respondent. Page5 of 50 Thomas F.Pepe 9-10-14 15.ContingentFees Prohibited.Theproposingfirmmustwarrantthatithas not employedorretaineda companyorperson,otherthanabona fide employee,contractororsubcontractor,workinginitsemploy, to solicit orsecureacontractwiththe City,and thatit has not paid or agreed to pay anyperson,company, corporation,individual or firm other than a bona fide employee,contractor or sub-consultant,working in its employ,any fee.commission,percentage,giftorother consideration contingentuponor resulting from theawardormaking of a contract withtheCity. 16.Public Entity Crimes.A person or affiliate ofthe Respondent who has been placed onthe convicted vendorlist pursuant to Chapter 287 following a conviction fora public entity crime maynot submit a Proposal onacontractto provide any goods or services,ora contract for construction or repair ofa public building,may not submit proposals on leases of real property toorwiththeCityof South Miami, may notbe awarded a contract to perform work as a CONTRACTOR,Sub-contractor,supplier,Sub consultant,or consultant under a contract with the City of South Miami,and may not transact business withtheCityof South Miami fora period of36 months from thedateof being placed onthe convicted vendor list. 17.Respondents shall usethe Proposal Form(s)furnished bythe City.All erasures and corrections must have the initials ofthe Respondent's authorized representative in blue ink atthe location of each and every erasure and correction.Proposals shall be signed using blue ink;all quotations shall be typewritten or printed with blue ink.All spaces shall be filled in with the requested information orthe phrase "not applicable"or "NA".The proposal shall be delivered onor before the date and time,and atthe place and in such manner as set forth in the Solicitation Cover Letter.Failure to do so may cause the Proposal tobe rejected.Failure to include any ofthe Proposal Forms may invalidate the Proposal.Respondent shall deliver totheCity,aspartofits Proposal,the following documents: a)The Invitation for Proposal and Instructions to Respondents. b)A copy of allissuedaddenda. c)Thecompleted Proposal Form fully executed. d)Proposal/Bid Bond,(Bond or cashier's check),if required,attached tothe Proposal Form. e)Certificates of Competency as well as all applicable State,County and City Licenses held by Respondent 0 Certificate of Insurance and/or Letter of Insurability. 18.Goods:If goods are tobe provided pursuant to this RFP the following applies: a)Brand Names:If a brand name,make,manufacturer's trade name,or vendor catalog number is mentioned in this Solicitation,whether ornot followed bythe words "approved equal",it is for the purpose of establishing a grade or quality of material only.Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification,samples and/or specifications for such item(s).The City shall bethe sole judge concerning the merits of items proposed asequals. b)Pricing:Prices should be stated in units of quantity specified in the Proposal Form.In case ofa discrepancy,theCity reserves the right to make the final determination atthelowestnetcosttothe City. c)Mistake:In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s)and the extended price(s),the unit price(s)shall prevail and the extended price(s) shall be adjusted to coincide.Respondents are responsible for checking their calculations.Failure to do so shall beatthe Respondent's risk,and errors shall not release the Respondent from his/her or its responsibility as noted herein. d)Samples:Samples of items,when required,must be furnished by the Respondent free of charge to the City.Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10)calendar days of the Proposal opening unless schedule indicates a different time.If samples are requested subsequent tothe Proposal opening,they shall be delivered within ten (10)calendar days ofthe request.The City shall notbe responsible for the return of samples. e)Respondent warrants by signature on the Proposal Form that prices quoted here are in conformity with the latest Federal Price Guidelines. f)Governmental Restrictions:In the event any governmental restrictions may be imposed which would necessitate alteration ofthe material quality,workmanship,or performance oftheitems offered on this Proposal prior to their delivery,it shall be the responsibility ofthe successful Respondent to notify the City at once,indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration,including any price Page6 of 50 Thomas F.Pepe 9-10-14 adjustments occasioned thereby,orto cancel all oranyportionoftheContract,atthesole discretion ofthe City and atno further expense tothe City with thirty (30)days advanced notice, g)Respondent warrants thatthe prices,terms and conditions quoted in the Proposal shall be firm fora period ofone hundred eighty (180)calendar days from thedateofthe Proposal opening unless otherwise statedinthe Proposal Form.Incomplete,unresponsive,irresponsible,vague,or ambiguous responses tothe Invitations for Proposals shall be cause for rejection,as determined bythe City, h)Safety Standards:The Respondent warrants thatthe product(s)tobe supplied tothe City conform in all respects tothe standards set forth in the Occupational Safety and Health Act (OSHA)and its amendments.Proposals mustbe accompanied by a Materials Data Safety Sheet (M.S.D.S)when applicable. 19.Liability,Licenses &Permits:The successful Respondent shall assume the full duty,obligation,and expense of obtaining all necessary licenses,permits,and inspections required bythis RFP and as required by law. The Respondent shall be liable for any damages or loss tothe City occasioned bythe negligence ofthe Respondent (orits agent or employees)or any person acting foror through the Respondent. Respondents shall furnish a certified copy of all licenses,Certificates of Competency orother licensing requirement necessarytopracticetheir profession and applicable totheworktobeperformedasrequired by Florida Statutes,the Florida Building Code,Miami-Dade CountyCodeorCityofSouth Miami Code. ThesedocumentsshallbefurnishedtotheCityaspartoftheProposal.Failure tohaveobtainedthe required licenses and certifications orto furnish these documents shall begroundsfor rejecting the Proposalandforfeitureofthe Proposal/Bid Bond,ifrequiredforthisProject. 20.Respondent shall complywiththeCity's insurance requirementsassetforthintheattached Exhibit 2or, if applicable,the General Conditions to the Contract: prior to issuanceofany Contracts)or Award(s)If a recommendation for award of the contract,or an awardofthecontractismadebefore compliance withthis provision,the failure to fully and satisfactorily complywith the City'sbonding,ifrequiredforthisproject,andinsurance requirements as set forthherein shall authorize theCity to implementarescissionof the ProposalAward or rescissionof the recommendationforawardof contract withoutfurtherCityaction.TheRespondent,bysubmittinga Proposal,thereby agreestohold the Cityharmlessandagreestoindemnify the Cityand covenants not to suetheCitybyvirtueofsuchrescission. 21.Copyrightsand/orPatent Rights:Respondentwarrantsthatastothe manufacturing,producing or selling ofgoodsintendedtobeshipped or ordered bytheRespondentpursuant to thisProposal,there hasnot been,nor will there be,anyinfringementofcopyrights or patentrights.TheRespondentagreesto indemnify Cityfromanyandall liability,loss or expenseoccasionedbyanysuchviolation or infringement. 22.Executionof Contract:The Respondent tothisRFPacknowledges that bysubmittinga response or a proposal,Respondent agrees to the terms oftheform contract and to the terms of the generalconditions tothe contract,bothofwhich are part ofthisRFPpackageandagrees that Respondent's signatureonthe response tothis RFP grantstotheCitytheauthority,ontheRespondent'sbehalf,toinserted,intoany blankspacesin the contract documents,informationobtainedfromtheproposaland the Respondent's signatureshallalsobe treated,for all purposes,including the enforcement ofallof the terms and conditions of the contract,as the Respondent's signature on the contract,after the appropriate information has been inserted. 23.EvaluationofProposals:TheCity,atitssolediscretion,reserves the rightto inspect thefacilitiesofany or allRespondentsto determine its capability to meet the requirements ofthe Contract.Inaddition,the price,responsibilityand responsiveness of theRespondent,the financial position,experience,staffing, equipment,materials,references,andpasthistoryofservice to theCity and/or with other unitsofstate, and/or local governments in Florida,or comparable private entities,willbe taken into consideration inthe Award of the Contract. 24.DrugFree Workplace:Failuretoprovide proof ofcompliancewithFlorida Statute Section287.087,as amended,when requested shallbecauseforrejectionoftheProposalas.determined by the City. 25.Public EntityCrimes:Aperson or affiliate whowasplacedontheConvictedVendorsList following a convictionforapublicentitycrimemaynotsubmita response ona contract toprovideanyservicestoa public entity,maynotsubmit RFP onleasesofrealpropertytoa public entity,andmaynottransact businesswithanypublic entity in excess of the threshold amount provided in Section 287.017,fora period of36monthsfromthedateofbeingplacedontheConvictedVendors List. 26.ContingentFees Prohibited:The proposing firm mustwarrantthatithasnot employed orretaineda company or person,other thanabona fide employee,contractor or subcontractor,workinginitsemploy, tosolicit or secure a contract with the City,and that ithas not paid or agreedtopayanyperson,company, Page7 of 50 Thomas F.Pepe 9-10-14 corporation,individual or firm otherthanabona fide employee,contractoror sub-consultant,workingin itsemploy,any fee.commission,percentage,giftorother consideration contingentuponor resulting from theawardormaking of acontractwiththeCity. 27.Hold Harmless:AllRespondents shall holdtheCity,its officials andemployees harmless andcovenantnot tosuetheCity,its officials andemployeesinreferencetoits decisions to reject,award,ornot award a contract,as applicable,unlessthe claim isbasedsolelyon allegations of fraud and/or collusion.The submission ofa proposal shall actas an agreement bythe Respondent thatthe Proposal/Bid Bond,if required forthis project,shall notbe released until and unless the Respondent waives any and all claims thatthe Respondent may have against theCitythat arise outofthis RFP process or until a judgment is entered inthe Respondents favor in any suit filed which concerns this proposal process.In any such suit; the prevailing party shall recover its attorney's fees,courtcostsas well as expenses associated withthe litigation.In theeventthat fees,courtcosts and expenses associated withthe litigation are awarded tothe City,the Proposal/Bid Bond,if required for this project,shall be applied tothe payment of those costs and any balance shall be paid bytheRespondent. 28.Cancellation:Failure onthe part ofthe Respondent to comply with the conditions,specifications, requirements,andtermsasdeterminedbytheCity,shall bejustcausefor cancellation oftheAwardor termination of the contract. 29.Bonding Requirements:The Respondent,in submitting this Proposal,shall include a Proposal/Bid Bond,if required for this project,in the amount of 5%ofthe total amount of the base Proposal onthe Proposal/Bid Bond Form included herein.A company or personal check shall notbe deemed a valid Proposal Security. 30.Performance and Payment Bond:The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond,each,in the amount of 100%ofthe total Proposal Price, including Alternates if any,naming the City of South Miami asthe obligee,as security forthe faithful performance ofthe Contract and for the payment of all persons or entities performing labor,services and/or furnishing materials in connection herewith.The bonds shall be with a surety company authorized to do business in the State of Florida. 30.1.Each Performance Bond shall be in the amount of one hundred percent (100%)ofthe Contract Price guaranteeing toCITYthecompletionand performance ofthe Work coveredintheContract Documents. 30.2.Each Performance Bond shall continue in effect for five year after final completion and acceptance oftheWorkwiththe liability equal toone hundred percent (100%)ofthe Contract Sum. 30.3.Each Payment bond shall guarantee the full payment of all suppliers,material man,laborers,or Subcontractor employed pursuant tothis Project. 30.4.Each Bond shall be with a Surety company whose qualifications meet the requirements of insurance companies asset forth inthe insurance requirements ofthis solicitation. 30.5.Pursuant tothe requirements of Section 255.05,Florida Statutes,Respondent shall ensure that the Bond(s)referenced above shall be recorded in the public records of Miami-Dade County and provideCITYwithevidenceofsuch recording. 30.6.The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570.current revisions. 31.Proposal Guarantee:The successful Respondent,within ten (10)calendar days of Notice of Award by the City,shall execute the Contract and other Contract Documents that provide for the Respondent's signature,and deliver totheCitythe required insurance documentation aswellasa Performance and Payment Bond ifthese bonds are required.The Respondent who has theContract awarded toit and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time shall,atthe City's option,forfeit the Proposal/Bid Bond/Security that accompanied the Proposal,and the Proposal/Bid Bond/Security shall be retained as liquidated damages bythe City.Itis agreed that ifthe Cityacceptspaymentfromthe Proposal/Bid Bond,thatthissumisa fair estimateof the amountof damages theCity will sustain in case the Respondent fails to sign theContract Documents or.fails to furnish the required Bonds and Insurance documentation.If the City does not accept the Proposal/Bid Bond,the City may proceed tosue for breach of contract ifthe Respondent fails to perform in accordance withtheContract Documents.Proposal/Bid Bond/Security deposited inthe form ofa cashier's check drawn ona local bank in good standing shall be subject tothe same requirements asa Proposal/Bid Bond. 32.Pre-proposal Conference Site Visits:If a Mandatory Pre-proposal conference is scheduled for this project, ail Respondents shall attend the conference and tour all areas referenced in the Proposal Documents.It shall be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre- proposal conference.No pleas of ignorance bythe Respondent of conditions that exist,orthat may Page8 of 50 Thomas F.Pepe 9-10-14 hereinafter exist,asaresultof failure to make the necessary examinations or investigations,or failure to completeanypartofthe RFP Package,will be accepted as basis for varying the requirements ofthe ContractwiththeCityofSouth Miami orthe compensation ofthe Respondent. 33.Timeof Completion:Thetimeisofthe essence with regard tothe completion oftheWorktobe performed under the Contract tobe awarded.Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section ofthe Contract Documents,including the ProposalForm. 34.Submittal Requirements:All Proposals shall comply withthe requirements set forth herein. 35.Cancellation of Bid Solicitation:The City reserves the right to cancel,in whole or part,any request for proposalwhenitisin the best interest oftheCity. 36.Respondent shall not discriminate with regard toits hiring of employees or subcontractors orinits purchase of materials orinanywayinthe performance ofitscontract,ifone is awarded,basedon race, color,religion,national origin,sex,age,sexual orientation,disability,or familial status. 37.All respondents,atthetimeof bid opening,must have fulfilled all prior obligations and commitments tothe Cityinorderto have their bid considered,including all financial obligations.Prior tothe acceptance of any bid proposal or quotation,theCity's Finance Department shall certifythatthereareno outstanding fines, monies,fees,taxes,liens orother charges owedtotheCitybythe Respondent,anyofthe Respondent's principal,partners,membersorstockholders (collectively referredtoas"RespondentDebtors").Abid, proposalorquotationwillnotbeaccepted until all outstandingdebtsof all RespondentDebtorsowed to thecityare paid in full.Nobidderwhoisin default ofanypriorcontractwiththeCitymayhavetheirbid considereduntilthedefaultiscuredto the satisfaction oftheCity Manager. END OF SECTION Page9 of 50 Thomas F.Pepe 9-10-14 Proposal Submittal Checklist Form Thischecklistindicatestheformsanddocumentsrequiredtobesubmittedforthis solicitation andtobepresented bythe deadline setforwithinthe solicitation.Fulfillment of all solicitation requirementslistedismandatoryfor consideration ofresponsetothe solicitation.Additional documentsmayberequired and,ifso,they will be identifiedinanaddendumtothis RFP.Theresponse shall includethefollowingitems: Attachments and Other Documents to be Completed: Bid Form N/A Proposal/Bid Bond N/A Performance Bond (As a Condition of Award;Not Required With the Submittal) Respondents Qualification Statement Non-Collusion Affidavit Public EntityCrimesandConflictsofInterest DrugFree Workplace Acknowledgement of Conformance with OSHA Standards Listof Proposed Subcontractors and Principal Suppliers RelatedPartyTransactionVerificationForm Indemnification and Insurance Documents x Signed Contract Documents (All -including General Conditions and Supplementary Conditions) Check Completed. N/A N/A X X X X X Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION Thomas F.Pepe 9-10-14 Page 10 of 50 BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami.FL 33143 I. 2. If this Proposal is accepted,the undersigned Respondent agrees toenterintoa Contract withthe City of South Miami in the form included in this RFP Package,and to perform and furnish all work as specified or indicatedinthis RFP fortheProposed Price,withinthe Contract Time andinaccordancewiththe other termsandconditionsofthe RFP Package. Respondentaccepts ail ofthetermsand conditions ofthe RFP,Invitation for Proposals and Instructions to Respondents,including without limitation those dealing withthe disposition of Proposal/Bid Bond.This Proposal will remain subject to acceptance for 180 calendar days afterthe day ofthe Proposal Opening. Respondent agrees to sign and submit the Contract,ifnot already submitted,the Bonds,required insurance documents,and other documents required bythe RFP,within ten (10)calendar days afterthe date of theCity's Notice of Award. Insubmittingthis Proposal,Respondent represents that a.Respondent has examined copies of all the RFP Documents andofthe following Addenda,ifany (receipt of allwhichis hereby acknowledged.) d. Addendum No.1 Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. 2 A (a ft 1* f\h n l<\ Dated:October 30,2014 Dated:November 10,2014 Dated:^fa Dated: Dated: Dated: _n^L r\j(\ nfa Respondent hasfamiliarizedhimselfwith the natureand extent of the Contract Documents,the proposed work,site,locality,and all local conditionsandlawsandregulations that inanymanner mayaffect cost,progress,performanceor furnishing ofthe Work. Subsurfaceconditions:If applicable tothis RFP,the Respondent represents that; i.Respondent hasstudiedcarefully all reports anddrawings,if applicable,of subsurface conditions anddrawingsofphysical conditions. Respondenthasobtainedand carefully studied(orassumes responsibility for obtaining and carefully studying)allsuch examinations,investigations,explorations,tests and studies inaddition toorto supplement those referredtointhis paragraph whichpertaintothesubsurfaceor physical conditionsatthesiteorotherwisemayaffectthecost,progress,performance,orthe furnishing of the Work at the Contract Price,within the Contract Time andin accordance with theothertermsand conditions oftheContract Documents.TheRespondenthereby acknowledgesthatno additional examinations,investigations,explorations,tests,reportsor similar informationordataare,or will,be required byRespondentforanyreasoninconnection withthe Proposal.The failure oftheRespondentto request apre-bidmarkingofthe constructionsitebyanyor all utilitycompanies shall createanirrefutablepresumptionthatthe Respondent'sbid,or proposal price,hastakeninto consideration all possible underground conditionsandRespondent,ifawardedthecontract,shall notbeentitledtoachangeorderfor anysuch condition discovered thereafter. Thomas F.Pepe 9-10-14 Page II of 50 ii.Respondent has correlated the results of all such observations,examinations,investigations, explorations,tests,reports and studies with the terms and conditions of the Contract Documents. iii.Respondent hasreviewedandchecked all informationanddatashown or indicatedinthe RFP Package orinthe Contract Documents with respect to existing Underground Facilities or conditions ator contiguous tothesiteandassumes responsibility forthe accurate location of all Underground Facilities and conditions thatmayaffectthe Work.No additional examinations,investigations,explorations,tests,reportsor similar information or data inrespecttoany Underground Facilities orconditionsare,or will be,requiredby Respondent in order toperformand furnish the Work atthe Contract Price,withinthe Contraa Time andin accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically statesthatthecontract price is subject to adjustmentforfuturediscovery of underground facilities and/orconditionsthataffectthe costoftheWork and unless the respondent makes awrittenrequesttotheCityfor additional information prior to submitting the bid or proposal as required in subsection ii above, e.Respondent has given theCity written notice of all conflicts,errorsor discrepancies thatit has discovered intheContraa Documents and,if any conflicts,errors or discrepancies have been found and notice given,the Respondent represents,by submitting its proposal tothe City,that the Respondent has received sufficient notice ofthe resolution thereof from the City,that such resolutionis acceptable toRespondentandthattheRespondentwaivesany claim regarding the conflicts,errors or discrepancies. f.This Proposal is genuine and not made in the interest oforon behalf of any undisclosed person, firm or corporation and isnot submitted pursuant to any agreement or rules of any group, association,organization,or corporation;Respondent has not directly orindirealy induced or solicited anyother Respondent to submit a false or sham Proposal;Respondent has not solicited or induced any person,firm or corporation to refrain from responding;andRespondent has not sought by collusion or otherwise to obtain for itself any advantage overanyother Respondent or over the CITY. 4.Respondentunderstandsandagreesthatthe Contraa Price istheamountthatitneedsto furnish and install all oftheWork complete and in place.The Schedule of Values,if required,is provided for the purpose of Proposal Evaluation and when initiated bythe CITY,it shall form the basis for calculating the pricing of change orders.The Contract Price shall notbe adjusted in any way so as to result in a deviation from the Schedule of Values,except totheextent that the CITY changes the scope ofthe Work after the Contraa Date.As such,the Respondent shall furnish all labor,materials,equipment, tools,superintendence and services necessary to provide a complete,in place,Project for the Proposal Price of: LUMP SUM BASE PRICE:$/H %,50 (p .OQ dollars and M^.SOU cents $,OO PRICE PER LIGHT oL°C[ftP STRAND,PERSCOPEOF £rg&/-n- SERVICES:$fi!m>VO dollars and 1BBB>-cM 7 cents $.OO Page 12 of 50 Thomas F.Pepe 9-10-14 COST ESTIMATE FOR REMOVAL OF LIGHT STRANDS AFTER 36 MONTHS,PER SCOPE OF SERVICES: dollars and $3o,ooo.oo 3o(ono cents $OQ 5.The ENTIRE WORK shall be completed,in full,within 30 Calendar Days fromthedate stipulated inthe NOTICETO PROCEED.Failure tocompletetheentireworkduringthedescribedtimeperiod shall result in the assessment ofliquidateddamagesas set forthinthe Contract. 6.Communications concerning thisProposalshallbe addressed to: RESPONDENT: Address: Telephone: Facsimile: Attention: Patrick J.Brandano 1473 Banks Road Margate,FL33063 954-461-6598 954-956-7256 7.The terms usedinthis Proposal which are definedin the Contraa shallhave the samemeaningasis assignedtotheminthe Contract Documents,unless specifically definedinthis RFP Package. SUBMITTEDTHIS 18 DAY OF November 20 14 . PROPOSAL SUBMITTED BY: Brandano Displays,Inc. Company Patrick J.Brandano Name of Pei rized to Submit Vice President Title Thomas F.Pepe 9-10-14 954-461-6598 Telephone Number 954-956-7256 Fax Number patbrandano@brandano.com Email Address END OF SECTION Page 13 of 50 NOTE:NOT REQUIRED FOR THIS PROJECT Downtown Business District LED Lighting Project PROPOSAL/BID BOND STATE OF FLORIDA ) ) COUNTYOF MIAMI-DADE ) KNOW ALLMENBYTHESEPRESENTS,that we, _j asPrincipal,and. _,as Surety,are held and firmly bound untotheCityof South Miami ("City"),a municipal corporation oftheStateof Florida inthe sum of Dollars ($),lawful money ofthe United States,forthe payment of which sum well and truly tobe made,we bind ourselves,our heirs,executors,administrators and successors joindy and severally, firmlyby these presents. THE CONDITION OF THIS OBLIGATION ISSUCH that: WHEREAS,the Principal has submitted the accompanying Proposal dated ,for the pursuant toan RFP and a condition precedent tothe submission of said Proposal isthata Proposal/Bid Bond inthe amount of five percent(5%)ofthe Base Proposal be submitted with said Proposal asa guarantee thatthe Respondent would fulfill the obligations setforthinthe RFP and proposal documents; NOW THEREFORE. A.If the principal shall not withdraw said proposal within one hundred eighty (180)calendar days after the date for opening ofthe same,and shall,within ten (10)calendar days after the prescribed forms are presented toit for signature,enter into a written contraa with the City in accordance with the proposal as accepted,and give bonds with good and sufficient surety or sureties,as may be required,forthe faithful performance and proper fulfillment of such contract,and provide proof of insurance as required,then the above obligations shall be void and of noeffect,otherwise to remain infull force andeffect. B.However,in the event ofthe principal's unauthorized withdrawal of said proposal within one hundred eighty (180)calendar days afterthedateofthe opening ofthe same orthe failure toenterintoawritten contraa with the Owner in accordance with the proposal as accepted,and/or the failure to provide the City with bonds issued from good and sufficient surety or sureties,as may be required,for the faithful performance and proper fulfillment of such Contraa and proof of insurance within ten (10)calendar days after the prescribed forms are presented toitfor signature and/or in the event that the principal is not awarded theprojeabut fails to waive all claims that arose or might have arisen outofthe RFP process,then the above obligations shall remain in full force andeffectandthebond shall thereafterbe disburse,bycourtorder,totheOwnerinthe full amountofthebondif the Proposal Documents provide for liquidated damages under the circumstance ofthe case or,if liquidated damages arenot applicable,theninan amount thatis adequate to fully compensate theOwnerfor all ofits damages incurred due to the breach of the terms of this Bond,including all attorney fees,court costs and legal expense incurred by the City for any and all action taken,whether before or after the commencement of legal proceedings,including proceedings required to obtain the court orderof disbursement,including thecostof all appeals orother related proceedings,as well asthe fees and costs incurred to collect these damages. IN WITNESS WHEREOF,theabovebondedpartieshaveexecutedthisinstrumentundertheir several seals this day of ,20 ,the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. Page 14 of 50 Thomas F.Pepe 9-10-14 (Individual or Partnership Principal) (Seal) (BusinessAddress) (City/State/Zip) (Business Telephone) ATTEST: Secretary (Corporate Surety)* By: ^Impress Corporate SuretySeal IMPORTANT Surety companies executingbondsmustappearontheTreasuryDepartment'smostcurrentlist (circular570as amended)andbe authorized to transaa businessin the State ofFlorida. FAILURE TO COMPLETE SIGN.&RETURN THIS FORM MAY DISQUALIFY YOU By: Thomas F.Pepe 9-10-14 Page 15 of 50 NOTE:NOT REQUIRED FOR THIS PROJECT FORM OF PERFORMANCE BOND Downtown Business District LED Lighting Project KNOW ALL MEN BY THESE PRESENTS: That.pursuant tothe requirements of Florida Statute 255.05,we, ,whose business addressis andwhosetelephone number is ,as Principal (hereinafter referred toas "Contraaor"),and __.whose business addressis and whose telephone number is ,as Surety,are bound tothe City of South Miami whose business address is and whose telephone number is ___,[[and Miami- Dade County whose business address is and whose telephone number is ]]as Obligee,(hereinafter referredtoas"City")intheamountof .—Dollars($)forthepaymentwhereof Contraaor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally. WHEREAS,Contraaor has entered into a Contract,forthe «PROJECT»Project,awarded onthe day of ,20 ,under Contraa Number by the City forthe construaionof (briefdescription oftheWork)inaccordance with drawings (plans)and specifications prepared by ..which Contraa is hereby made apart hereof by reference,andis hereafter referred to asthe "Contraa"; THE CONDITION OF THIS BOND is that the Contraaor. 1.Fully performs the Contraa between the Contractor and the i^g^|||^|f within |^®^j^^|^^§ afterthedateof Contraa commencement as specified intheNoticetoProceedandinthe manner prescribed in the Contract;and 2.Indemnifies and pays City all losses,damages (specifically including butnot limited to.damages for delay and other foreseeable consequential damages),expenses,costs and attorney's fees,including attorney's fees incurred in appellate proceedings,mediation and arbitration,if any,that City sustains because of default byContraaor under theContraaor caused byor arising outof any action or proceeding to enforce the Contraa or this Bond;and 3.Upon notification bythe City,correa any and all patently defective or faulty Workor materials that appear within one (1)year after the issuance ofthe Certificate of Occupancy,and correct any and ail latent defects thatare discovered before the expiration ofthe third (3rd)year following the date of theissuanceoftheCertificateof Occupancy;and 4.Performs the guarantee of all Work and materials furnished under theContraaforthe time specified in the Contract. If ail oftheforgoingconditions are met,thenthisBondisvoid,otherwise itshallremaininfullforceand effect, Whenever Contraaor shall be,and declared by the City to be,in default for falling to perform in stria accordance with anyofthetermsofthe Contract,the Surety shall promptly remedy the default as well as perform inthefollowingmanner: Complete theContraa in accordance with the Contraa's terms and conditions provided the City makes available,asWork progresses,that portion oftheContraa Price that has not already been paid to,oron behalf of,theContractor.TheCity shall notbe required to pay anymorethantheamount oftheContractPrice.Thesurety shall notbe obligated topaymorethanthe maximum amountfor which the Surety may be liable assetforthinthe first paragraph ofthis bond.IftheSurety fails to commencethe Work withinthirty(30)daysofreceiptoftheCity'sdeclarationofadefault or ifthe Surety fails to man thejobwith sufficient forces,or suspends theWork,formorethanthirty (30) days,either consecutive orin combination withseparate occasions,theCity shall have theoption,in the City's sole discretion,andwithout waiving its right to any other remedy or damages provided for bythisbond,tocompletetheWorkwithotherforcesandtheSurety shall payforthecostto Page 16 of 50 Thomas F.Pepe 9-10-14 complete the Work.The term "balance of the Contract Price"as used inthis paragraph,shall mean the totalamount payable by City toContraaorunderthe Contraa andanyamendmentsthereto,less theamountproperly paid bytheCitytotheContractor. No right of action shall accrue onthis Bond toorfortheuseofany person or corporation other than the Citynamedherein. TheSuretyhereby waives noticeofand agrees thatany changes inorundertheContraaDocumentsand complianceornoncompliancewithany formalities conneaed withthe Contraa shall not affea the Surety'sobligationunderthisBond. IN WITNESS WHEREOF,the above bonded parties have executed this instrument undertheir several seals onthis day of ,20 ,the name and the corporate seal of each corporate party being hereto affixed andthese presents being duly signed byits undersigned representative. IN PRESENCE OF: (Individual.President,Managing Member or General Partner,etc.) OR ATTEST: Secretary IN THE PRESENCE OF: and Attorney-in-faa Signature) STATE OF FLORIDA COUNTY OF MIAMI-DADE (BusinessAddress) (City/State/Zip) (Business Telephone) (CorporateName) (President) (Business Address) BY: (City/State/Zip) (Business Telephone) INSURANCE COMPANY: (SEAL) (Business Address) (City/State/Zip (Business Telephone) (Agent On this,thedayof ,20 ,beforeme,the undersigned notary public oftheStateof Florida,the foregoing performance bondwas acknowledged by (Corporate Officer), .(Title),of (NameofCorporation),a .(State of Incorporation)corporation,onbehalfofthecorporation. WITNESS myhandandofficial seal.. NOTARY PUBLIC: SEAL OF OFFICE: Notary Public,State of Florida Personally known to me,or Personalidentification: Type of Identification Produced Did take an oath,or Did Not take anoath. (NameofNotary Public:Print,Stamp orTypeascommissioned.) Thomas F.Pepe 9-10-14 Page 17 of 50 NOTE:NOT REQUIRED FOR THIS PROJECT FORM OF PAYMENT BOND Downtown Business District LED Lighting Project KNOW ALLMENBY THESE PRESENTS: That,pursuant tothe requirements of Florida Statute 255.01,et seq.,Florida Statutes,we, whosebusinessaddressis _andwhose telephone number is ,as Principal,(hereinafter referred toas "Contraaor"),and ,,whose business addressis andwhosetelephone number is ,as Surety,are bound totheCityof South Miami,whose business address is and whose telephone number is ,[[and Miami-Dade County whose business address is and whose telephone number is -Has Obligee,(hereinafter referredtoas"City")intheamountof Dollars($)forthepaymentwhereofContractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally. WHEREAS,Contraaor has,by written agreement,entered into aContraaforthe «PROJECT»,Projea awarded onthe day of ,20,under Contraa Number for the construction of (brief description ofthe Work)by the City in accordance with drawings (plans)and specifications,ifany,prepared by which Contraa is herebymadea part hereof by reference andishereafter referred toasthe "Contraa"; THE CONDITION OF THIS BOND is that if the Contraaor: 1.Promptly performsthe construction workinthetimeandmanner prescribed inthe Contract;and 2.Promptlymakespaymentstoallclaimants,asdefinedinSection255.05,FloridaStatutes, supplying Contraaor with labor,materials,or supplies,used direalyor indirectly by Contraaor intheprosecutionoftheworkprovidedforinthe Contract;and 3.Pays City all losses,damages,expenses,costs,and attorney's fees,including those incurred in any appellate,mediation or arbitration proceedings,ifany,thatOwnersustainsbecauseofa default by Contraaor under the Contract;and 4.Performs the guarantee ofallworkandmaterialsfurnished under the contraa for the time specified inthe contract,thenthis obligation shall bevoid;otherwise,it shall remainin full force and effect. Any action instituted bya claimant underthis bond for payment mustbein accordance with the notice andtime limitation provisions in Seaion 255.05(2),Florida Statutes. The Surety hereby waives notice of and agrees that any changes inorundertheContraa Documents and compliance or noncompliance withany formalities conneaed withthe Contraa shall not affea theSurety's obligation underthisBond. IN WITNESS WHEREOF,theabovebondedpartieshaveexecutedthisinstrumentunder their several seals on this day of ,20 ,the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: (Individual,President.Managing MemberorGeneralPartner,etc.) (BusinessAddress) (City/State/Zip) (Business Telephone) OR (Corporate Name) ATTEST: (President) Secretary (Business Address) Page 18 of 50 Thomas F.Pepe 9-10-14 IN THE PRESENCE OR STATE OF FLORIDA COUNTY OF MIAMI-DADE On this,the m (City/State/Zip) (Business Telephone) BY: .INSURANCE COMPANY: .(SEAL) (AgentandAttorney-in-fact Signature) (Business Address) (City/State/Zip (Business Telephone) _,20,beforeme,the undersigned notary public oftheStateof .(Corporate Officer), .day of _ Florida,the foregoing paymentbondwas acknowledged by _ .(Title),of..(Name of Corporation),a .(Stateof Incorporation)corporation,onbehalfofthecorporation. WITNESSmyhandandofficial seal.. NOTARY PUBLIC SEAL OF OFFICE: .Personally known to me,or Personal identification: Type of identification Produced Did take an oath,or Did Not take an oath. ♦Power of Attorney mustbeattached. Thomas F.Pepe 9-10-14 Notary Public,State of Florida (NameofNotary Public:Print,Stamp orTypeascommissioned.) END OF SECTION Page 19 of 50 RESPONDENT QUALIFICATION STATEMENT Theresponsetothis questionnaire shall be utilized aspartofthe CITY'S overall Proposal Evaluation and RESPONDENT selection. I.Numberof similar constructionprojectscompleted, a)In thepast5years Inthepast5yearsOnSchedule b)Inthepast 10 years Inthepast 10 yearsOnSchedule 2.Listthe last three (3)completed similar projects. a)Projea Name: Owner Name: Owner Address: Owner Telephone: 3o _2Q_ loo £00 2013 Margate Blvd Holiday Lighting City of Margate 102 Rock Island Road Margate.FT 33063 954-972-8129 Original ContractCompletionTime (Days):14 working days Original Contraa Completion Date:11/21/2013 Aaual Final Contraa Completion Date:11/19/2013 Original Contract Price:$29.978.00 Actual Final Contract Price:$29.978.00 b)Projea Name:Holiday Decorations for Town Center & RegionalPark CityofMiramar 2300 Civic Center Place Miramar.FI.33025 Owner Name: Owner Address: Thomas F.Pepe 9-10-14 Page 20 of 50 c) Thomas F.Pepe 9-10-14 Owner Telephone:954-602-3257 Original ContractCompletionTime <Days):30 working days Original ContractCompletion Date:11/20/2013 Actual Final ContractCompletion Date:11/18/2013 Original Contract Price: Actual Final Contract Price Projea Name: Owner Name: Owner Address: Owner Telephone: •UQ.975.00 $49.975.00 2013 Holiday Decorations forDelray Beach Development Authority City of DelrayBeach 85 SE 4 Avenue,Suite #108 Delray Beach,FL33483 561-279-1380 Original Contraa Completion Time (Days):5 working days Original Contraa Completion Date:11/18/2013 Actual Final Contraa Completion Date-H/16/2013 Original Contract Price:$9.996.00 Actual Final Contract Price:$9.996.00 Page 21 of 50 M6-WO. Wtfi—w>. 'fity-WC-. Proposal Submittal Checklist Form This checklist indicates the forms and documents required tobe submitted forthis solicitation and tobe presented bythe deadline setfor within the solidtation.FuHlllment of alt solicitation requirements listed is mandatory for consideration of response tothe solicitation.Additional documents may be required and,ifso,they will be identified inan addendum tothis RFP.The response shall include the following items: to be Completed: Bid Form N/A Proposal/BidBond M/A Performance Bond (As a Condition of Award;Not Required With the Submittal) Respondents Qualification Statement Non-Collusion Affidavit PublicEntity Crimes andConflicts of Interest DrugFree Workplace Acknowledgement of Conformance with OSHA Standards Listof Proposed Subcontraaors and Principal Suppliers RelatedPartyTransaction Verification Form Indemnification and Insurance Documents Signed Contraa Documents (All -including General Conditions andSupplementaryConditions) Check Completed. N/A N/A X JL x Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION Thomas F.Pepe 9-10-14 Page 10 of 50 3.Current workload Project Name Owner Name Telephone Number Contract Price Main Street Miami Miami Lakes 305-817-4050 n|c\ Christmas Tour of Lights City of Farmers Branch.TX 972-919-2631 (\\C\ Zoo Lights Zoo Miami 305-251-0400 n[a 2014 Holiday Lights &Decor Citv of Delrav Beach 561-279-1380 n(c\ 2014Margate Blvd HolidayLighting Citv of Margate 954-972-8129 n|a 2014Holiday Lights&Decor Galleria Mall 954-564-1036 r\|a 2014Holiday Lights &Decor Hallandale Beach 954-457-1615 a(a 2014 Holiday Lights&Decor Hialeah Gardens 305-558-4114 n|a, 4.The following information shall be attached tothe proposal. a)RESPONDENTShomeoffice organization chart. b)RESPONDENT'Sproposedproject organizational chart. c)Resumes of proposed keyprojea personnel,including on-site Superintendent. 5.Listanddescribeany: a)Bankruptcy petitions filed byor against the Respondent or any predecessor organizations,N/A b)Any arbitration or civil or criminal proceedings,or N/A Suspension of contracts or debarring from Bidding or Responding by any public agency brought c)against theRespondentinthelast five (5)years N/A 6.Government References: ListotherGovernmentAgenciesor Quasi-government Agencies forwhichyouhavedone business within the pastfive(5)years. Name of Agency:Cityof Delray Beach Thomas F.Pepe 9-10-14 Page 22 of 50 Address: TelephoneNo.: 85 SE 4 Ave.,Suite 108 Delray Be^ch,FL 33483 561-279-1380 ContactPerson:Mariorie Ferrer Type of Project Holiday Lighting &Decor (see attached) Name of Agency:Cityof Miramar Address: Telephone No.: 2300 Civic Center Place Miramar.FL 33025 954-602-3257 Contact Person:Gary Bannister Type of Project:Holiday Lighting &Decor fsee attached) Name of Agency:Cityof Margate Address: 102 Rock Island Road Margate.FL33063 TelephoneNo.:954-972-8129 Contaa Person:Nick Cticunato Type of Project:Holiday Lighting 8c Decor (see attached) Thomas F.Pepe 9-10-14 Page23 of 50 Brandano Displays,Ina **«&j.Brandano Managing Partner RE:4a-4c Respondents Qualifications Statement RFP#PW2014-11 Downtown Business DistrictLED Lighting Resumes of Key Personnel Patrick J.Brandano Position:Partner,Executive Vice President Education:AS Mohawk Valley Community College Experience:Over30 years experienceindesigning,manufacturing, installing and selling holiday lights. Years with Company:35 Andrea LaFave Position:SouthFloridaOperationsandService Manager Education:HerkimerCounty Community College Experience:Manufacturing,Installing and Maintaining Holiday Decorations Years with Company:7 Years Patrick Brandanohasbeen designing,manufacturing and installing holiday lighting projects with budgetsin excess of$200,000forover20years.Similar projects in the area include theFort Lauderdale Beach Holiday decorsince 2005 as well as thesuccessful Centennial Display thatweengineered, produced,installedandmaintained.Ourmanufacturingcapabilitieswith disciplinesin forming steel,electrical,woodandfabricprovideourlocal customers with the convenience ofanationalcompanyintheirbackyard. Other similar sized local projects includeTheGalleria Mall inFort Lauderdale, the Miccosukee resort in Miami andthe City ofDelray Beach. Andrea LaFave has been supervising Holiday decor installation and maintenance for5 years andbringsexcitement,youthandprofessionalism to each project providing customers a direct service contact available 24/7 throughout the entire season. 1473 Banks Road *Margate,Florida 33063 954.956.7266 •800.777.6903 «Fax:954.956.7256 •Cell:954.461.6598 patbrandano@brandano.com www.brandano.com Brandano Displays,Inc. RFP #PW2014-11 November 6,2014 Page 2 Other management personal includesweld shop and assembly supervisor representing over 8 years each with the company. The entire project will be micro managed by Patrick Brandano.This is critical andthe participation ofa principal isparamount in facilitating designparameters,electrical issuesandcreatingrelationships with City representatives. Theonly necessary municipalstaff will beourprimary contact,electrical department contact and whoever maintains the related areas. Brandano Displays Project and Home Office Organizational Chart Patrick Brandano,Vice President/Project Manager Andrea LaFave,Operations Manager Sonya Piper,Administrative Assistant Tom Zobus,Lead Installer I Tyler Springer Lead Installer II NON COLLUSION AFFIDAVIT STATEOFFLORIDA ) ) COUNTYOF MIAMI-DADE ) Patrick J.Brandano Dejng fjrst ^jy sworn>deposes and states that: (1)He/She/They is/are the Owner (Owner,Partner,Officer,Representative or Agent)of Brandano Displays,Inc.^_the Respondent that has submitted the attachedProposal; (2)He/She/They is/are fully informed concerning the preparation and contents ofthe attached Proposal and of all pertinent circumstances concerning such Proposal; (3)Such Proposal is genuine and isnota collusive or sham Proposal; (4)Neither the said Respondent nor any ofits officers,partners,owners,agents,representatives, employees or parties in interest,including this affiant,have in any way colluded,conspired,connived or agreed,directly or indirectly,with any other Respondent,firm,or person tosubmita collusive or sham Proposal in connection withtheWorkfor which the attached Proposal hasbeen submitted;or to refrain from Bidding or proposing in connection with such Work;or have in any manner,directly or indirectly,sought by agreement or collusion,or communication,or conference with any Respondent,firm,or person to fix any overhead,profit,orcost elements ofthe Proposal orof any other Respondent,orto fix any overhead,profit,orcost elements ofthe Proposal Price orthe Proposal Price of any other Respondent,orto secure through any collusion,conspiracy,connivance, or unlawful agreement any advantage against (Recipient),or any person interested inthe proposed Work; (5)The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion,conspiracy,connivance,or unlawful agreement onthe part ofthe Respondent or any other ofits agents,representatives,owners,employees or parties of interest,including this affiant. Signed,sealedand deliveredinthepresenceof: Witness /Signad £A\dUia n£lJeuULA^.Patrick J.Brandano Witness Print Name and Tide November 6,2014 Date Page 24 of 50 Thomas F.Pepe 9-10-14 STATE OF FLORIDA COUNTY OF MIAMI-DADE ACKNOWLEDGEMENT ) Onthisthe 6th dayof November 2014.beforeme,the undersigned Notary Public oftheState of Florida,personallyappeared(Name(s)of individuals)whoappearedbefore notary)Patrick L Brandano andwhose name(s)is/are Subscribed tothe within instrument,and he/she/they acknowledge that he/she/they executed it. WITNESSmyhandand official seal. NOTARY PUBLIC- SEAL OF OFFICE: CATHERINET.RatlNG t^MYCOMMtSSK)N#EE866319 &sRafi#EXPIRES:May 4,2017 Bonded Thro NoteyPubBc Undenuriters Thomas F.Pepe 9-10-14 (Z^fe^6cVL^gx^V lt^C^7^<^xrNotaryPublic,State of Florida &4+A l?S//7 tg 7-/?,t?st)//na (Name of Notary Public:Print,Stampor type as' commissioned.) X Personally known to me,or Personal identification: Type of Identification Produced Did take an oath,or Did Not take an oath. Page 25 of 50 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant tothe provisions of Paragraph (2)(a)of Section 287.133,Florida State Statutes -"A person or affiliate who has been placed onthe convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid ona Contract to provide any goods or services toa public entity,may not submit a Bid or proposal for a Contract with a public entity for the construction of repair ofa public building or public work,may not submit bids or proposals on leases or real property toa public entity,may notbe awarded to perform Work as a RESPONDENT.Sub-contractor,supplier,Sub-consultant,or Consultant under a Contraa with any public entity,and may not transact business with any public entity in excess ofthe threshold amount Category Twoof Section 287.017,Florida Statutes,for thirty six (36)months from the date of being placed onthe convicted vendor list". The award ofanycontract hereunder is subject tothe provisions of Chapter 112,Florida State Statutes. Respondents mustdisclose with their Proposals,the name of any officer,director,partner,associate or agent who is also an officer or employee oftheCityofSouth Miami orits agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THISFORMMUSTBESIGNED AND SWORN TO INTHE PRESENCE OFA NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I.This sworn statement is submitted to City of South Miami [printname of thepublicentity] by Patrick T,Brandano.Vice President [print individual's nameandtide] for BRANDANO DISPLAYS.INQ [printnameofentity submitting swornstatement] whose business address is1473 Banks Road Margate,FL 33063 and (if applicable)its Federal Employer Identification Number (FEIN)is16-1366604 (If the entityhasno FEIN*include the Social SecurityNumberofthe individual signing thisswornstatement: .) 2.I understand thata "public entity crime"as defined in Paragraph 287.133 (l)(g),Florida Statutes. means a violation of any state or federal law bya person with respect to and directly related tothe transaction of business withany public entityorwith an agency or political subdivision ofanyotherstate orofthe United States,including,butnot limited to,any bid,proposal orcontractfor goods or services tobeprovidedtoany public entityoran agency or political subdivision ofanyotherstateorofthe United States and involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted**or "conviction"as defined in Paragraph 287.133 (I)(b),Florida Statutes,meansa finding ofguiltora conviction ofa public entitycrime,withorwithoutan adjudication of guilt,inany federal orstate trial courtof record relating to charges brought by indictment or information after July I,1989,asaresultofa jury verdict,non-jury trial,orentryofa plea of guilty or nolo contendere. 4.I understandthatan "affiliate"asdefinedin Paragraph 287.133(1)(a),Florida Statutes,means: (a)Apredecessororsuccessorofaperson convicted ofa public entitycrime;or (b)Anentityunderthecontrolofany natural personwhoisactiveinthe management oftheentity and who hasbeen convicted ofapublicentitycrime.The term "affiliate"includes those officers, Page 26 of 50 Thomas F.Pepe 9-10-14 directors,executives,partners,shareholders,employees,members,and agents whoareactivein the management ofan affiliate.The ownership byonepersonofshares constituting a controlling interestinanyperson,ora pooling of equipment or income amongpersonswhennotfor fair market value underan arm*s length agreement,shall bea prima facie casethatoneperson controls another person.Apersonwho knowingly enters intoajointventurewithaperson whohasbeen convicted ofa public entitycrimein Florida duringthe preceding 36months shall be considered an affiliate. 5.I understand thata "person**as defined in Paragraph 287.133 (I)(e),Florida Statutes,means any natural personorentity organized underthe laws ofanystateorofthe United Stateswiththe legal powerto enter intoa binding contractand which bids or proposalorappliestobid or proposalon contractsfortheprovisionofgoodsorservicesletbya public entity,or whichotherwisetransacts or applies totransactbusinesswitha public entity.Theterm "person**includes those officers,directors, executives,partners,shareholders,employees,members,andagentswhoareactiveinmanagementofan entity. 6.Based on information and belief,the statement which I have marked below is true in relation to the entitysubmittingthisswornstatement.[Indicate which statement applies.] X Neither theentitysubmittingthisswornstatement,nor anyofitsofficers,directors,executives, partners,shareholders,employees,members,oragentswhoareactiveinthemanagementoftheentity, nor any affiliate of the entityhasbeenchargedwithandconvictedofapublicentitycrime subsequent to July I,1989. The entity submitting this sworn statement,or one or more ofitsofficers,directors,executives, partners,shareholders,employees,members,oragentswhoareactiveinthe management oftheentity, oran affiliate oftheentityhasbeen charged withandconvictedofa public entitycrimesubsequentto July 1,1989. The entity submitting this sworn statement,or one or more ofitsofficers,directors,executives, partners,shareholders,employees,members,oragentswhoareactiveinthemanagementoftheentity, oran affiliate oftheentityhasbeen charged withand convicted ofa public entitycrimesubsequentof July I,1989.However,there hasbeenasubsequentproceedingbeforeaHearingOfficeroftheStateof Florida,Division of Administrative Hearings andthe Final Order enteredbytheHearingOfficer determined that itwasnotinthe public interesttoplacetheentitysubmittingthissworn statement on theconvicted vendor list,[attachacopyofthe final orderJ I UNDERSTAND THAT THE SUBMISSION OF THISFORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE)ABOVE ISFORTHAT PUBLIC ENTITY ONLY.ANDTHATTHIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT INEXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES.FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ^[SigrWure] Sworntoandsubscribedbeforemethis 6th dayof November ,2014. Personally known X (^^C^6z^^^e '*^^^r^^j OR Produced identification Notary Public -State of //£/*/€#* My commission expires _ (Typeof identification)(Printed,typedorstampedcommissioned Form PUR 7068 (Rev.06/11/92)nameofnotary public) Page 27 of 50 Thomas F.Pepe 9-10-14 #*£*%CAlHBHET.FLaONQ *«m <*-MYCOMMiSStON#EE866319 «W EXPIRES:May 4,2017 %gj$fr Bonded Thni Notary Pubic Undawtten DRUG FREE WORKPLACE Whenevertwoormore Bids or Proposals which are equal withrespectto price,quality and service are received bytheStateorbyany political subdivisions forthe procurement of commodities or contractual services,a Bid or Proposal received from a business that certifies thatit has implemented a drug-free workplace program shall be given preference inthe award process.Established procedures for processing tie Bids or Proposals shall be followed ifnoneofthetied vendors have a drug-free workplace program.In orderto have a drug-free workplace program,a business shall: 1)Publish a statement notifying employees thatthe unlawful manufacture,distribution,dispensing, possession,oruseofa controlled substance is prohibited inthe workplace and specifying the actions that shall betaken against employees for violations ofsuch prohibition. 2)Inform employees about the dangers of drug abuse in the workplace,the business'policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,andemployee assistance programs,andthe penalties thatmaybeimposeduponemployeesfordrugabuse violations. 3)Giveeachemployee engaged in providing the commodities or contractual servicesthatareunder Bidacopyofthestatement specified inSubsection(I). 4)In the statement specified in Subsection (I),notify the employees,that,as a condition of working ofthe commodities or contractual services thatareunder Bid,he employee shaJI abide bythe termsofthestatementand shall notifytheemployeeofany conviction of,or plea of guilty or nolo contendere to,anyviolation of Chapter893or of anycontrolledsubstancelaw of the United States or any state,fora violation occurring inthe workplace no later than five (5)business days after such conviction. 5)Impose a sanction on,or require the satisfactory participation ina drug abuse assistance or rehabilitation program,if such is available inthe employee's community,byany employee whois so convicted. 6)Make agood faith effortto continue to maintain a drug-free workplace through implementation of this section. Asthe person authorized to sign the statement,I certify that this firm complies fully withthe above requirements. RESPONDENTS Signature: Print Name:Patrick J.Brandano, VP Date: November6th, 2014 Page28 of 50 Thomas F.Pepe 9-10-14 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We,BRANDANO DISPLAYS,INC..(Name of CONTRACTOR),hereby acknowledge andagreethatas CONTRACTORforthe Downtown Business District LED Lighting Projectas specified havethesole responsibility for compliance with all therequirementsofthe Federal Occupational Safety andHealthActof 1970, and all Stateand local safetyand health regulations,andagreeto indemnify andhold harmless the City of South Miami and N/A (Consultant)against any and all liability,claims,damages,losses and expenses they may incur duetothefailureof(Sub-contractor'snames): N\A • to complywithsuch act or regulation. CONTRACTOR ^/,. BRANDANO DISPLAYS,INC.Ub^aa&DOlP***^ Witness BY: Name Patrick J.Brandano Vice President Title Page 29 of 50 Thomas F.Pepe 9-10-14 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS BIDDER shall listall Proposed Subcontractors tobe used onthis project iftheyare awarded the Contract. Classification of Work Subcontractor Name Address Telephone,Fax & Email Landscape N\A Soddingand Turf Work N\A Electrical N\A Irrigation N\A Paving N\A Park Amenities N\A Graphics N\A Utilities N\A Excavation N\A Building N\A Structures N\A Plumbing N\A Painting N\A TestingLaboratory N\A SoilFumigator N\A Signs N\A Other: N\A Thislist shall be provided totheCityofSouth Miami bytheapparentlowest responsive and responsible Bidder within five (5)businessdaysafter Bid Opening. Thomas F.Pepe 9-10-14 Page 30 of 50 RELATED PARTY TRANSACTION VERIFICATION FORM JPatrick J.Brandano .individually and onbehalfof .BRANDANO DISPLAYS,INC.("Firm'^have Name of Representative CompanyP/endor/Enthy readtheCityofSouth Miami ("City")'s Codeof Ethics,Section 8A-Iofthe Cit/s Codeof Ordinances and I hereby certify,under penalty of perjury thattothebestofmy knowledge,information and belief: (1)neither I northe Firm haveany conflict ofinterest (as defined insection8A-I)with regard tothecontractor businessthat I,and/or the Firm,am(are)abouttoperformfor,ortotransactwith,the City,and (2)neither I nor any employees,officers,directors ofthe Firm,nor anyone who has a financial interestgreater than 5%inthe Firm,has any relative(s),as defined in section 8A-I,whois an employee oftheCityorwho is(are) an appointed orelected official oftheCity,orwho is(are)amemberofany public bodycreatedbytheCity Commission,ie.,a board or committee ofthe City,[while the ethics code still applies,ifthe person executing this formis doing soon behalf ofa firm whose stock is publicly traded,thestatementinthis section (2)shall be based solely onthesignator/s personal knowledge and he/sheisnot required tomakean independent investigation asto the relationship ofemployeesorthosewho have a financial interestinthe Firm.];and (3)neither I northe Firm,nor anyone who has a financial interest greater than 5%inthe Firm,noranymemberof thosepersons'immediate family (i.e.,spouse,parents,children,brothersandsisters)hastransactedorentered intoany contracts)withtheCityorhasa financial interest,directorindirect,inanybusinessbeingtransacted withthecity,orwithanyperson of agencyactingfor the city,other thanasfollows: ,N/A _(use (if necessary,usea separate sheetto supply additional information that will notfitonthis line;however,you mustmakereference,ontheabove line,tothe additional sheetandthe additional sheetmustbe signed under oath),[while theethicscodestill applies,ifthepersonexecutingthisformisdoingsoonbehalfofafirmwhose stockis publicly traded,thestatementinthissection(3)shall be based solelyonthe signatory's personal knowledge and he/she isnot required tomake an independent investigation astothe relationship ofthosewho havea financial interest in the Firm.];and (4)noelectedand/or appointed official or employee oftheCityofSouth Miami,oranyoftheir immediate family members (i.e.,spouse,parents,children,brothersand sisters)hasa financial interest,directlyor indirectly,inthe contractbetweenyouand/oryour Firm andtheCityotherthanthe following individuals whoseinterestisset forth following theirusea separate names:NVA (if necessary,usea separate sheetto supply additional information that will notfitonthis line;however,youmust makereference,ontheabove line,tothe additional sheetandthe additional sheetmustbe signed underoath). Thenamesof all Cityemployeesandthatof all electedand/or appointed city officials orboardmembers,who own,directly or indirectly,aninterestof five percent (5%)ormoreofthetotalassetsof capital stockinthe firm are as follows: N\A (if necessary,usea separate sheetto supply additional information that will not fit onthis line;however,youmust make reference,ontheabove line,tothe additional sheet and the additional sheetmustbe signed under oath), [while theethicscodestill applies,ifthepersonexecutingthisformisdoingsoonbehalfofafirm whose stockis publicly traded,thestatementinthissection(4)shall be based solely onthe signatory's personal knowledgeand he/sheisnotrequiredtomakeanindependent investigation astothe financial interestinthe Firm ofcity employees,appointed officials orthe immediate family membersofelectedand/or appointed official or employee.] (5)I and the Firm further agree nottouseor attempt to use any knowledge,property or resource which may cometousthroughourpositionof trust,orthroughourperformanceofourdutiesunderthe terms of the contraawiththe City,tosecurea special privilege,benefit,orexemptionfor ourselves,orothers.We agree that wemay not discloseoruseinformation,not available tomembersofthe general public,forourpersonal gain or benefitorforthe personal gain orbenefitofanyotherpersonor business entity,outsideofthenormal gain or benefitanticipatedthroughtheperformanceofthe contract. (6)I and the Firm hereby acknowledge thatwe have not contracted or transacted any business withtheCityor any person or agency acting fortheCity,and thatwe have not appeared in representation ofanythird party Page 31 of 50 Thomas F.Pepe 9-10-14 beforeanyboard,commissionoragency of theCitywithinthepasttwoyears other thanas follows:N\A (if necessary,useaseparate sheet to supply additional informationthatwill not fitonthis line;however,you must make reference,ontheabove line,tothe additional sheetandthe additional sheetmustbe signed under oath). X:\PurchasingWendor Registration12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7)Neither I norany employees,officers,or directors ofthe Firm,nor any oftheir immediate family (i.e.,asa spouse,son,daughter,parent,brotheror sister)is related bybloodor marriage to:(i)anymemberoftheCity Commission;(ii)anycity employee;or (Hi)anymemberofany board or agency oftheCityotherthanas follows: N\A .(if necessary,use a separate sheet to supply additional information thatwill not fitonthis line;however,youmustmakereference,ontheaboveline,tothe additional sheet and the additional sheetmustbe signed under oath),[while the ethics code still applies,ifthe person executing this form is doing soon behalf ofa firm whosestockis publicly traded,the statement inthis section (7) shall be based solelyonthe signatory's personal knowledge and he/she isnot required tomakean independent investigation astothe relationship bybloodor marriage of employees,officers,or directors ofthe Firm,orof any of their immediate family to any appointed or elected officials ofthe City,orto their immediate family members]. (8)NoOther Firm,nor any officers or directors ofthatOther Firm or anyone who has a financial interest greater than 5%in thatOther Firm,nor any member ofthose persons'immediate family (i.e.,spouse,parents,children, brothers and sisters)nor any ofmy immediate family members (hereinafter referred toas "Related Parties")has respondedtoa solicitation bytheCityinwhich I orthe Firm that I representoranyonewhohasa financial interest greater than5%inthe Firm,oranymemberofthose persons'immediate family (i.e.spouse,parents, children,brothersandsisters)have also responded,otherthanthe following N\A (if necessary,useaseparatesheettosupplyadditional information that will notfitonthis line;however,youmust make reference,onthe above line,tothe additional sheet and the additional sheet must be signed under oath), [while theethicscode still applies,ifthe person executing this form is doing soon behalf ofa firm whosestockis publicly traded,thestatementinthis section (8)shall be based solely onthe signatory's personal knowledge and he/sheisnot required tomakean independent investigation intothe Other*Firm,orthe Firm he/she represents,as totheir officers,directors or anyone having a financial interestinthose Firms or any oftheir any memberofthose persons'immediate family.] (9)I and the Firm agree thatwe are obligated to supplement this Verification Form and inform the City of any change in circumstances thatwould change our answers to this document.Specifically,afterthe opening of any responsestoa solicitation,I andthe Firm havean obligation tosupplementthis Verification Form withthenameof ail Related Parties who have also responded tothe same solicitation and to disclose the relationship ofthose parties to me and the Firm. (10)A violation ofthe City's Ethics Code,the giving of any false information orthe failure to supplement this Verification Form,maysubjectmeorthe Firm to immediate termination of any agreement withthe City,and the imposition ofthe maximum fine and/or any penalties allowed by law.Additionally,violations may be considered by and subject to action bythe Miami-Dade County Commission on Ethics.Under penalty of perjury,I declare that I havemadea diligent effortto investigate the matters to which I am attesting hereinabove andthatthestatements made hereinatove jjrejrue and correct tothebestofmy knowledge,information and belief. Signature: Print Name &Title:Patrick I.Brandano,VP Date:11/06/2014 ATTACHED: Sec.8A-1 -Conflict of interest and code of ethics ordinance. Municode Page 10f4 Page32 of 50 Thomas F.Pepe 9-10-14 Sec.8A-1.-Conflict of interest and code of ethics ordinance. (a)Designation. Thissectionshallbedesignatedandknownasthe"CityofSouth Miami Conflictof Interest and Code ofEthics Ordinance."Thissection shall be applicable to all city personnel as defined below,and shall alsoconstitutea standard of ethical conduct and behavior for all autonomous personnel,quasi-judicial personnel,advisory personnel and departmental personnel.The provisions of this section shall be applied ina cumulative manner.By way of example,andnotasa limitation,subsections (c)and(d)may be applied tothesamecontractor transaction. (b)Definitions.Forthepurposesofthis section the following definitions shall be effective: (1)Theterm "commission members"shall refertothe mayor andthe members ofthe city commission. (2)Theterm "autonomous personnel"shall refertothe members of autonomous authorities,boards and agencies, suchasthecity community redevelopment agency andthe health facilities authority. (3)Theterm "quasi-judicial personnel"shall refertothe members ofthe planning board,the environmental review and preservation board,the code enforcement board andsuch other individuals,boards and agenciesofthecityas perform quasi-judicial functions. (4)Theterm "advisory personnel"shall refertothe members ofthose city advisory boardsand agencies whose soleorprimary responsibility istorecommend legislation or give advice tothecity commission. (5)Theterm "departmental personnel"shall refertothecityclerk,thecity manager,department heads,the city attorney,and all assistantstothecityclerk,city manager andcityattorney,howevertitled. (6)Theterm "employees"shall referto all other personnel employed bythe city. (7)Theterm "compensation"shall refertoany money,gift,favor,thingof value or financial benefitconferred,or to be conferred,in return for services rendered qr to be rendered. (8)Theterm "controlling financial interest"shall referto ownership,directly or indirectly,oftenpercentormore oftheoutstandingcapitalstockinanycorporation or adirectorindirectinterest often percent ormoreina firm, partnership,or other businessentityatthetimeoftransactingbusinesswiththecity. (9)Theterm "immediate family"shall refertothe spouse,parents,children,brothersandsistersoftheperson involved. (10)Theterm"transactany business"shall refertothe purchase orsalebythecityof specific goodsor services for consideration andto submitting abid,aproposalinresponsetoa RFP,astatementof qualifications inresponse toarequestbythecity,or enteringintocontract negotiations forthe provision onany goods or services,whichever first occurs. (c)Prohibitionon transacting businesswiththe city. Noperson included intheterms defined in paragraphs (b)(1)through (6)andin paragraph (b)(9)shall enterinto anycontract or transactanybusinessinwhichthatpersonoramemberoftheimmediate family hasa financial interest,directorindirectwiththecity or anypersonor agency actingforthecity,andanysuchcontract, agreement or business engagement entered inviolationofthis subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance inoffice and shall affect forfeiture of office or position.Nothinginthissubsection shall prohibit or make illegal: (1)Thepaymentoftaxes,special assessmentsorfeesforservicesprovidedbythecitygovernment; (2)The purchase of bonds,anticipation notesorother securities that may be issued bythecitythrough underwriters or directly from timetotime. Waiver of prohibition.The requirements ofthis subsection may be waived fora particular transaction only byfour affirmative votesofthecity commission after public hearing upon finding that: (1)Anopen-to-allsealedcompetitiveproposalhasbeensubmittedbyacitypersonasdefinedinparagraphs (b)(2), (3)and (4); (2)Theproposalhasbeensubmittedbyapersonor firm offering services within thescopeofthepracticeof architecture,professionalengineering,or registered land surveying,asdefinedbythelawsofthe state and pursuanttothe provisions oftheConsultants'Competitive Negotiation Act,andwhentheproposalhasbeen submittedbyacitypersondefinedinparagraphs(b)(2),(3)and(4); (3)Thepropertyor services tobe involved inthe proposed transaction are unique andthecitycannot avail itself ofsuch property or services without enteringatransactionwhichwouldviolatethissubsectionbutforwaiverof its requirements;and (4)Thattheproposedtransaction will beinthebestinterestofthecity. This subsection shall be applicable onlyto prospective transactions,andthecity commission may innocase ratify a transaction entered in violation of this subsection. Provisions cumulative.This subsection shall be taken tobe cumulative and shall notbeconstruedto amend or repeal any other lawpertainingtothesamesubjectmatter. Page 33 of 50 Thomas F.Pepe 9-10-14 (d)Further prohibition on transacting businesswiththecity. Noperson included inthetermsdefinedin paragraphs (b)(1)through(6)andin paragraph (b)(9)shall enterinto anycontractortransactany business througha firm,corporation,partnership or business entityinwhichthat personoranymemberoftheimmediate family hasa controlling financial interest,director indirect,withthecity oranypersonoragencyactingforthecity,andanysuch contract,agreementorbusinessengagemententeredin violation ofthissubsection shall renderthe transaction voidable.The remaining provisions ofsubsection(c)will alsobe applicable tothissubsectionasthoughincorporatedbyrecitation. Additionally,noperson included intheterm defined in paragraph (b)(1)shall voteonor participate inanywayin anymatterpresentedtothecitycommissionifthatpersonhasanyofthe following relationships withanyofthe personsorentitieswhichwouldbeormightbe directly or indirectly affected byanyactionofthecity commission: (1)Officer,director,partner,of counsel,consultant,employee,fiduciary or beneficiary;or (2)Stockholder,bondholder,debtor,orcreditor,ifinanyinstancethetransactionor matter wouldaffectthe persondefinedin paragraph (b)(1)inamanner distinct fromthemannerinwhichitwouldaffectthe public generally.Anyperson included intheterm defined in paragraph (b)(I)whohasanyofthe specified relationships orwhowouldor might,directly or indirectly,realize aprofitbythe action ofthecity commission shall notvoteon or participateinanywayinthe matter. (E)Gifts. (l)Defmition.Theterm "gift"shall refertothe transfer of anything.of economicvalue,whetherintheformof money,service,loan,travel,entertainment,hospitality,itemor promise,orinanyother form,without adequate andlawful consideration. (2)Exceptions.The provisions of paragraph (e)(1)shall notapplyto: a.Political contributions specifically authorizedbystate law; b.Gifts from relatives or members ofone's household,unless the person isa conduit on behalf ofa third party to the delivery ofagiftthatisprohibitedunder paragraph(3); c.Awards forprofessional or civic achievement; d.Material suchasbooks,reports,periodicals or pamphlets whicharesolely informational orofan advertising nature. (3)Prohibitions.A person described in paragraphs (b)(1)through (6)shall neither solicit nor demand any gift.It is also unlawful foranypersonorentitytooffer,give oragreetogivetoanypersonincludedinthetermsdefinedin paragraphs (b)(1)through (6),orfor any person included intheterms defined in paragraphs (b)(1)through (6)to acceptoragreetoacceptfromanotherpersonorentity,anygiftfororbecauseof: a.An official public action taken,ortobe taken,or which could be taken,or an omission or failure to take a public action; b.A legal duty performed ortobe performed,or which could be performed,or an omission or failure to perform a legal duty; c.A legal duty violated ortobe violated,orwhichcouldbe violated byanyperson included intheterm defined in paragraph (b)(1);or d.Attendanceorabsencefroma public meetingatwhich official actionistobetaken. (4)Disclosure.Any person included in theterm defined in paragraphs (b)(1)through (6)shall disclose any gift,or series of gifts from anyone person or entity,having a value in excess of $25.00.The disclosure shall be made by filing acopyofthe disclosure formrequiredbychapter 112,Florida Statutes,for "local officers"with thecity clerk simultaneously with the filing ofthe form withthe clerk ofthe county and with the Florida SecretaryofState. (f)Compulsory disclosure byemployees of firms doing business withthecity. Should any person included intheterms defined in paragraphs (b)(1)through (6)be employed bya corporation, firm,partnership or business entityinwhichthat person orthe immediate family doesnot have a controlling financial interest,and should the corporation,firm,partnership or business entity have substantial business commitmentstoorfromthecityoranycity agency,orbe subject todirect regulation bythecityoracity agency, thenthe person shall file aswornstatement disclosing such employment and interestwiththeclerkofthe city. (g)Exploitation of officialpositionprohibited. No person included intheterms defined in paragraphs (b)(l)through (6)shall corruptly useorattempttousean official position tosecure special privileges orexemptionsforthatpersonorothers. (h)Prohibition onuse of confidential information. Noperson included inthetermsdefinedin paragraphs (b)(1)through(6)shall acceptemploymentor engage in anybusinessorprofessionalactivitywhichonemight reasonably expect wouldrequireorinduceonetodisclose confidential informationacquiredbyreason of an official position,nor shall thatpersoninfactever disclose confidential information garneredor gained throughan Page 34 of 50 Thomas F.Pepe 9-10-14 official positionwiththecity,norshall that personeverusesuchinformation,directly or indirectly,forpersonal gain or benefit. (i)Conflicting employment prohibited. Noperson included intheterms defined in paragraphs (b)(1)through(6)shall accept other employment which wouldimpairindependenceofjudgmentintheperformanceofany public duties. 0)Prohibitionon outside employment. (1)Nopersonincludedinthe terms definedin paragraphs (b)(6)shallreceiveanycompensationforservicesasan officer or employeeofthecityfromanysource other thanthecity,exceptasmaybepermittedas follows: a.Generally prohibited.Nofull-timecityemployeeshall accept outside employment,either incidental,occasional or otherwise,where citytime,equipment or materialistobeused or where such employment or any part thereof is tobe performed oncitytime. b.When permitted.Afull-timecityemployeemayacceptincidental or occasionaloutsideemploymentsolongas such employment is not contrary,detrimental or adverse to the interest of the city or anyofits departments and theapprovalrequiredinsubparagraphc.isobtained. c.Approval ofdepartmentheadrequired.Anyoutsideemploymentbyany full-time cityemployeemustfirstbe approvedinwritingby the employee's department headwhoshallmaintaina complete record ofsuch employment, d.Penalty.Anypersonconvictedof violating any provision ofthis subsection shall be punished asprovidedin section I-I IoftheCodeof Miami-Dade Countyand,in addition shall besubjectto dismissal bythe appointing authority.Thecity may alsoassess against aviolatora fine nottoexceed$500.00andthecostsof investigation incurred by the city. (2)All full-time cityemployees engaged inanyoutsideemploymentforanyperson,firm,corporation or entity other thanthecity,or anyofits agencies or instrumentalities,shall file,underoath,anannual report indicating the source of the outside employment,the nature ofthe work being done andany amount ofmoney or other consideration receivedby the employeefromtheoutsideemployment.City employee reports shallbefiledwith thecityclerk.Thereports shall be available ata reasonable timeandplacefor inspection bythe public.Thecity manager mayrequiremonthlyreportsfrom individual employeesorgroupsofemployeesforgoodcause.. (k)Prohibited investments. No person included intheterms defined in paragraphs (b)(l)through (6)ora member ofthe immediate family shall have personal investments in any enterprise which will createa substantial conflict between private interests andthepublic interest (I)Certain appearances and payment prohibited. (1)No person included in theterms defined in paragraphs (b)(1),(5)and (6)shall appear before any city board or agency andmakeapresentationonbehalfofathirdpersonwithrespecttoanymatter,license,contract, certificate,ruling,decision,opinion,rate schedule,franchise,orother benefit soughtbythethirdperson.Nor shall theperson receive any compensation or gift,direcdy or indirectly,for services renderedtoathirdperson,who has applied fororis seeking somebenefitfromthe city oracity agency,in connection with the particular benefit soughtbythethirdperson.Nor shall theperson appear inanycourtorbeforeany administrative tribunal as counselor legal advisor toapartywhoseeks legal relief from the city ora city agency through thesuitin question. (2)No person included in the terms defined in paragraphs (b)(2),(3)and (4)shall appear before the city commission or agency onwhichthepersonserves,eitherdirectlyorthroughanassociate,andmakea presentationon behalf ofathirdpersonwithrespecttoanymatter,license,contract,certificate,ruling,decision, opinion,rate schedule,franchise,orother benefit sought by the third person.Nor shall such person receive any compensation or gift,directly or indirectiy,for services rendered toathird party whohas applied fororis seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit soughtbythethird party.Nor shall the person appear in any courtorbeforeany administrative tribunal as counselor legal advisor toathird party who seeks legal relief from the city commission or agency on which such personservesthrough the suitinquestion. (m)Actions prohibited whenfinancial interests involved. No person included in theterms defined in paragraphs (b)(I)through (6)shall participate in any official action directly or indirectly affecting a business in which that person or any member ofthe immediate family has a financial interest A financial interestis defined in this subsection to include,butnotbe limited to,any director indirect interest inanyinvestment,equity,or debt. (n)Acquiringfinancial interests. No person included intheterms defined in paragraphs (b)(l)through (6)shall acquire a financial interestina project,businessentity or property atatimewhenthepersonbelieves or hasreasontobelievethatthe financial Page 35 of 50 Thomas F.Pepe 9-10-14 interest may be directiy affected by official actions or by official actions bythe city orcityagency of which the personisan official,officeroremployee. (0)Recommendingprofessionalservices. No person included in the terms defined in paragraphs (b)(1)through (4)may recommend the services ofany lawyer or law firm,architect or architectural firm,public relations firm,or any other person or firm,professional or otherwise,to assist in any transaction involving the city or any ofits agencies,provided thata recommendation may properly be made when required tobe made bythe duties of office and in advance ata public meeting attended by other city officials,officers or employees. (p)Continuingapplication after cityservice. (1)No person included in the terms defined in paragraphs (b)(1),(5)and (6)shall,for a period oftwo years after his or her city service or employment has ceased,lobby any city official [as defined in paragraphs (b)(1)through (6)]in connection with any judicial or other proceeding,application,RFP,RFQ,bid,request for ruling or other determination,contract,claim,controversy,charge,accusation,arrest or other particular subject matterin which the city oroneofits agencies isa party or has any interest whatever,whetherdirector indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application toa city department or agency during the two-year period after his orher service has ceased. (2)The provisions ofthe subsection shall not apply to persons who become employed by governmental entities, 501 (c)(3)non-profit entities or educational institutions or entities,and who lobby on behalf of those entities in their official capacities. (3)The provisions ofthis subsection shall apply to all persons described in paragraph (p)(l)whose city service or employmentceasedafter the effectivedateoftheordinancefromwhichthissectionderives. (4)No person described in paragraph (p)(l)whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period oftwo years after his orher service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(l)in which thecityoroneofits agencies isapartyorhasanydirectand substantial interest;andin which heorshe participated directly or indirectly through decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,during his orher city service or employment A person participated "directly" where heorshe was substantially involved in the particular subject matter through decision,approval,disapproval, recommendation,the rendering of advice,investigation,or otherwise,during hisorhercityservice or employment A person participated "indirectly"where heor she knowingly participated in any way in the particular subject matter through decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,during his orher city service or employment All persons covered by this paragraph shall execute an affidavit ona form approved bythe city attorney priorto lobbying any city official attesting thatthe requirements ofthis subsection donotprecludethepersonfrom lobbying city officials, (5)Any person who violates this subsection shall be subject tothe penalties provided in section 8A-2(p). (q)City attorney torenderopinions on request Whenever any person included in the terms defined in paragraphs (b)(1)through (6)and paragraph (b)(9)isin doubtastotheproperinterpretationor application ofthis conflict ofinterestandcodeofethicsordinance,or whenever any personwhorenders services tothe city isindoubtastothe applicability ofthe ordinance that person,may submittothecityattorneya full writtenstatementofthe facts and questions.Thecityattorney shall thenrenderan opinion to such person and shall publish these opinions without useofthe name ofthe person advisedunlesstheperson permits the useofaname. (Ord.No.6-99-I6S0,§2,3-2-99) Editor's note-Ord.No.6-99-1680,§I,adopted 3-2-99,repealed §§8A-I and 8A-2 intheirentirety and replaced them withnew§§ 8A-I and 8A-2.Former §§8A-I and 8A-2 pertained to declaration of policy and definitions,respectively,and derivedfromOrd.No.634,§§1(I A-1),I (IA-2)adoptedJan.11,1969. END OF SECTION Page 36 of 50 Thomas F.Pepe 9-10-14 NOTICE OF AWARD TheCityhas considered the Proposalsubmittedbyyourfirmforthe Downtown Business District LED Lighting in response toits advertisement forRequestforProposalandInstructionstoRespondents. You are hereby notified that your Proposal hasbeen accepted forthe Downtown Business District LED Lighting Project inthelumpsum amount of$,broken downasfollows: Base Proposal: Alternate #I: Alternate #2: Alternate #3: Youare required by the Instructions to Respondents to execute the Contract Documents at the timeofsubmittal ofproposalandto furnish anyrequiredPerformance Bond,Payment Bond,andinsurancedocuments(see Proposal SubmittalChecklistForm)withinten (10)dayfromthedateofthisnoticetoyou. Ifyoufail to execute said Contract and to furnishsaidbonds,insurance endorsements and certificate ofinsurance within ten (10)calendar daysfromthedateofthis notice,the CITY shall beentitledto disqualify the Proposal, revoketheawardandretaintheProposal/Bid Bond/Security.Pleasebeadvisedthatif the contract priceexceeds $5,000.00 or ifitisamulti-year contract requiringpayment out ofmorethanoneyear'sappropriation,theaward andthecontractmustbeapprovedbytheCity Commission beforeitis binding ontheCity. BY: (Print Name) CityManager or designee Datedthisdayof ,20 ACCEPTANCE OF NOTICE ReceiptoftheaboveNoticeofAwardishereby acknowledged by. Onthisthedayof ,20. BY: TITLE: You are required toreturnan acknowledged copy ofthis Notice of Award tothe City Manager. END OF SECTION Page 37 of 50 Thomas F.Pepe 9-10-14 CONTRACT Downtown Business District LED Lighting . THIS CONTRACT,enteredintothis J&h dayof -Nmftflfrter 20J4r,by tKe CITY OF SOUTH MIAMI through itsCity Manager,both ofwhichshallbe hereinafter referred to asthe "CITY"where applicable;and BRANDANO DISPLAYS.INC.withanofficeand principal place of business located at u73n*nic*RH.Mflrgat,.Fi.ww».(hereinafter called the "CONTRACTOR"). WITNESSETH:AJL-WHEREAS,the CITY is in need ofA^TT^^^TiAiW/^D^^and WHEREAS,the CITY desires to retain the CONTRACTOR to provid£the required good and/or services basedonthe CONTRACTOR'S representations thatitis qualified and capable of providingsaid goods and/or servicesinaprofessionalandtimely manner andin accordance with the CITY's goals and requirements;and WHEREAS,the CONTRACTOR hasagreedtoprovidethe required goods and/or services in accordance with the terms and conditions set forth herein. NOW,THEREFORE,in consideration ofthemutual covenants and agreements herein contained,the parties agree as follows: 1)Engagement of Contractor:Basedonthe representations of the CONTRACTOR as set outinthe following "checked"documentsthe CITY herebyretains the CONTRACTOR to providethegoods and/or services setforthinsaid proposal,quoteorresponseto solicitation, whichever is applicable,as modified bythe Contract Documents defined below (all of which is hereinafter referred toas the Work"). (Check thebox Immediately preceding thedocument described below to Indicate that such document is part ofthis contract) d Contractor's response to the City's written solicitation;or ^^Contractor's proposal or quote. 2)Contract Documents:TheContractDocumentsshallincludethisContractand the following "checked documents",as well as any attachments or exhibits that are made a part of any of the "checked documents". (Check the box immediately preceding the document described below to Indicate thatsuch document ispartofthis contract) d General Conditions to Contract, a Supplementary Conditions, •"Other Documents"referring tothis contract and signed bythe parties, ;stfhe solicitation documents ("hereinafter referred toas "Bid Documents"including any request forbid,request forproposalorsimilar request) ^ScopeofServices, Xfontractor's response to the City's Bid Documents, a Contractor's proposal or quote, ^City's InsuranceRequirements, yt£:ity's Indemnification Requirements, a Payment Bond, d Performance Bond, Page 38 of 50 Thomas F.Pepe 9-10-14 This Contract and the General Conditions to Contract,Supplementary Conditions,the Solicitation,Scope of Services and "other documents",if any are "checked documents",'shall take precedent over the response to the City's Bid Documents,the proposal or the quote,if any.The "checked documents"are attached hereto and made a part hereof by reference. 3)Date of Commencement:The CONTRACTOR shall commence the performance of the Work under this Contract on a date to be specified in a Notice to Proceed,or Purchase Order,(hereinafter referred to as the "Work Commencement Date"),and shall complete the performance hereunder within 'days orthe length of time set forth in the Contract Documents,whicheveristhe shorter periodoftime.Time isoftheessence. 4)Primary Contacts:The person in charge of administering this Contract on behalf of the CITY is the City Manager (^'Manager"),assistant Manager,orthe Manager's designee,who shall be designated in a writing signed by the Manager.The primary contact person for theCONTRACTORshallbe/(#//y M*M*+$M c UX«,<1 £^ttm ^JL_ 5)Scopeof Services!The goods and/or services tobe provided areassetforthinthe "checked documents". 6)Compensation:The CONTRACTOR'S compensation forthe performance of this contract (hereinafter referredtoasthe Contract Price)shall beassetforth in CONTRACTOR'S responsetothe City's written solicitation,ifany,or,ifnone,thenasset out in CONTRACTOR'S proposal orquote,whichever is applicable,andas modified bythe Contract Documents. 7)Hours of Work:In the event that this contract requires the performance of services, it is presumed thatthe cost of performing the Work after regular working hours,and on Sunday and legal holidays is included inthe Contract Price.However,nothing contained herein shall authorize work on days and during hours thatare otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the Manager,the Manager's assistant or designee. 8)Time Provisions:The term of this Contract shall commence on the Work J j Commencement Date and shall continue for J^^twfet *until it expires on 3~A-/S>.yy^-— or unless earlier terminated according tothe Contract Documents.Notwithstanding the vv foregoing,this Contract may be extended by an additional (Tb~period if the extension is in S^*-— writingandsignedbytheManager.Anextensionof the termofthisContractis at the CITY's sole and absolute discretion. 9)Termination:This contract may be terminated without cause by the City with 30 days of advanced written notice.This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contract Documents. 10)Applicable Law and Venue:Florida law shall apply tothe interpretation,and enforcement ofthis Contract.Venue for all proceedings shall bein Miami-Dade County, Florida. 11)Insurance,indemnification&Bonding:CONTRACTOR shallcomplywiththe insurance,indemnification andbonding requirements set forthin the Contract Documents. 12)Liquidated Damages:In theeventthatthe CONTRACTOR shall fail tocompletethe Workwithin the time limit set forth in the Contract Documents,or the extended time limit agreedupon,inaccordancewiththeprocedureasmoreparticularlysetforthintheContract Documents,liquidated damages shall be paid at the rate of $y^*//^<s*^dollors pen-day W<r <g/^ until the Workis completed. 13)Jury Trial Waiver:Thepartieswaivetheirrighttojurytrial. Page 39 of 50 Thomas F.Pepe 9-10-14 14)Entire Agreement,Modification,and Non-waiver:The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements,written or oral.The Contract Documents maynotbemodifiedor amended except inwriting,signedby both parties hereto.The Contract Documents,in general,andthis paragraph,in particular,shall not be modified or amended byanyactsor omissions of the parties.Nofailureto exercise and nodelayin exercising anyright,power orprivilegeshall operate asawaiver.No waiver of the Contract Documents,in whole or part,including the provisionsofthis paragraph,maybe implied by any act or omission. 15)PublicRecords:CONTRACTOR andallofits subcontractors are required tocomply with the public records law (s.119.0701)whileproviding goods and/or Services on behalf of the CITY and the CONTRACTOR,under such conditions,shall incorporate this paragraph inallofits subcontracts for this Project. 16)IN WITNESS WHEREOF,the parties,have executed this Contract,onor before the date firstabove written,withfullknowledgeofits content andsignificanceandintendingtobe legally bound by the terms hereof. [Insert nameof Contractor] Taria M. City Clerk Steven Alexander City Manager Read and Approved as to Form,Language, Legality and Execution thereof: City Attorney Thomas F.Pepe 9-10-14 Digitally signed by:Thomas F. CN=Thomas F.Pepe C= O =Cityof South MiamiOU= ity Attorney ate:2015.02.18 11:51:19-O^OO' END OF SECTION Page 40 of 50 NOTICE TO PROCEED Downtown Business District LED Lighting Project TO:DATE PROJECT DESCRIPTION:Downtown BusinessDistrictLEDLighting in accordance with Plans and specifications,if any,as may be prepared in whole or in part by CONSULTANT,referenced in the Supplementary Conditions and Contract Documents. You are hereby notified to commence Work in accordance with the Contract dated ,onor before __.You areto complete thework within 30CalendarDays.Thedateof completion of all Work is therefore 20 CityofSouth Miami BY: (PrintName) CityManager or designee ACCEPTANCE OF NOTICE Receipt ofthe above Notice to Proceed is hereby acknowledged by_ onthis day of ,20. BY: TITLE: END OF SECTION Page 41 of 50 Thomas F.Pepe 9-10-14 EXHIBIT #1 Scope of Services "Downtown Business District LED Lighting" TheCityissoliciting proposals from qualified Contractors toprovideand install LED miniature lighting products to illuminatean estimated 163 trees within the downtown Business District andthespecificareasidentifiedintheScopeofServices.The estimate is not a firm commitment andis provided forplanning purposes only.It shall bethe responsibility ofthe Contractor to determine the exact number of trees that are to be illuminated and the number of light setsrequiredinthe designated areas identified intheScopeof Services.Itisthe intentionoftheCitytohavethe flexibility to illuminate the trees inthedesignatedareasonan annual basis andnotjustduringtraditional holiday periods.Light sets provided bythe Contractor shall provide aminimum of 36 months of uninterrupted use. Contractor shall furnish all labor,materials and equipment necessary tosecure completion of thework,including disposing of materials andequipmentnecessaryandshouldbereflectedin Contractor's LumpSum Quote.Proposals shallalsoinclude: •Aprice per light strand asa separate lineitemto accommodate future installations as needed. •Ascostestimateforthe removal ofthe light strands originally installed by the Contractor forthisprojectoncethe36monthserviceperiodis completed. Note:The Contractor shall be responsible to remove and dispose of holiday lights installed in trees by the City in the downtown area;specifically,on Sunset Drive,SW 72nd Avenue from US I to Red Road, SW 57thAvenue. Site Locations:(Trees in located in the Project Areas are not to be cut back, trimmed or removed without securing prior written approvalfrom the City's Project Manager.) Please refertoCityof South Miami Downtown Map,Exhibit3.The specific areastobe included are listed below: The following Streets shallbelighted:Estimate forPlanning Purposes Sunset: Federal Highway to RedRoad:62Branch Trees 8 Palm Trees SW 73rd Street. RedRoadtoFederal Highway:54Branch Trees NOTE:There isno power availableat the 15 trees between Dorn and Federal Hwy Page 42 of 50 Thomas F.Pepe 9-10-14 SW 62 Avenue 13 Branch Trees SW 62Av to US I SW 57th Court: Sunset to SW 74th Street 10 Branch Trees SW 58th Ave: SunsettoSW73rd Street 4 Large Branch Trees SW 58th Court: Sunset to SW 73 rd Street 7 Branch Trees 4SmallRoyalPalm Trees Dorn Avenue Sunset to73rdStreet 14 Large Branch Trees Project Duration: The estimate to complete installation ofthe project is 30CalendarDays day's from issuance of Notice to Proceed. SPECIAL CONDITION:Hours of installation are at the discretion of the Contractor.However,no full road closures will be allowed.One travel lane must be open at all times. Products (Light Sets): Blachere Lighting light sets,or an approved equal.Light sets shall be designed to stay in the trees all year longwithminimal to no maintenance.All connections shallbe twist-lock water proof type.If thetree location doesnot have apower outlet,(as noted in scope)it does not require lighting. Maintenance: Prices quoted shallincludedongoingmaintenancefora minimum of 36 months fromdateof installation.Maintenance shall include,butnotbe limited to;restringing of light setsto accommodate tree growth,all light out issues (i.e.broken wire,faulty bulbs,etc),incaseof vandalism,thelaborforreplacementofany light strand shall be included withinthe maintenance agreement. Existing poweroutlets will bethe responsibility of and provided by the City,however lighting issues or "light outs"will bethe responsibility oftheContractorwho must restore lighting within 48 hours of notice. Warranty: Standard manufacturer's warranty information mustbe provided in writing forproducts being proposed;however lightsetsshallincludeawarrantyofnolessthan36months,fromdateof Page43 of 50 Thomas F.Pepe 9-10-14 installation and continuous use.All labor shallbe warranted for aminimumof one-year,less normal tree growth,exclusive ofGFI nuisance trips andvandalism. END OF SECTION Page 44 of 50 Thomas F.Pepe 9-10-14 ACORE?CERTIFICATE OF LIABILITY INSURANCE DATE (MWOD/YYYY) 1.1/12/2014 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEtfD,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE Of:INSURANCE DOES NOT CpHStrrtTTE A CONTRACT BETWEEN;THE ISSUING INSURER(S),AUTHORIZEDREPRE^EHTATi^E.QR PRODUCER,AND THE CERTIFICATE to£0§&-U nurcuLtu IMJPPRX^NT::tfthe ^ff<»te:hOldqr is an ADDITIONAL INSURED^lKo,j>;olIcy(le9)must l?eiendorsed.;If SUBROGATION IS WAlYED,,aubIecf to tal?terms and conditions of the policy,certain policies may requlroraii^dp^^hti.A s&temanf onilifs^citfffcatelaofis not coffer ligrr&ic^tne certificate,holderIn lieu ofsuch endorsements).:*"f r"'"1 ~~*--«"-•*<».*.*- ;p^0DifceRv Keye^Coverage Insurance 590O Hiatus Road Tamara'c EL 3332i insured - Brahdano Displays*,Inc I'il&dggmfri&ipsd' Safgat^EL 33063 DESCRJPTiON OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORO 101,Additional Remarks Sclwdute,Ifmora spaca Is r•qufrtd) *2xcept 10Daysfor Non-payment of Premium The City of South Miami is included asan additional insured when required *py written contract.This policy shall notbe cancelled (including cancellation for non-payment of premium),terminated or See Attached... certificate Holder CANCELLATION 30 SaVs* $^:.:.:..\.$tmi:-ji The City oi?South Miami ciSC Sunset Drive South Miami FL 33143 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2009/09) AUTHORIZED REPRESENTATIVE A(>rf ©1988-2009 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:103 4 4 LOC#: ac&jHe?ADDITIONAL REMARKS SCHEDULE Page of AGENCY Kpye.8.,f^bvexage).Insurance NAMEDINSURED Brandano .displays,In<r, ^473 Banfe ftoad ti&icg&fe Fif 330SJpouc^tftftosm: C&RRER'HAJCCODE; E^CTTV^DATEi -\v-*";* )&DM6^^^ ACORD101(2008/01)©2008 ACORD CORPORATION.AH rights reserved. The ACORD name and logoare registered marks of ACORD POLICY NUMBER:21 CES OF1513 THIS ENDORSEMENT CHANGES THE POUCY.PLEASE READMIT CAREFULLY. NOTIQE OF QAN$#LLAIi0li}I TO DESIGNATED CMI^T!IilOSTKi@tDEB•'&;Tri~ffi?!r«TV/ ^;NM^bei;<^pay^Notice: Paitfe "30 B. Form IH 03 08 06 11 certitjeate^holder*in the*SbH€duJe».at1 feast ther ce^i^tfJ number of days \r\advanfca ofthe cancelation effective datetas^hown in Part A. If this pplicyis cancelled by the Company for nonpayment of premium,notice of such cancellation will be provided to the certificate holder in the Schedule within the number of days notice of the cancellation effective date, as shown in Part B. j?:iSlt^ S$ ^M^ni^^yjwwiigr^tfi&jt^go. ".4 j«;«^.r _fr^H?t ?7? *-r-*.*.,.j^-Maf *£-*«.-s«M4t AV.v^V^^^^,'•<•««* 4lfWgrrJ6tirie:4o;tfia -^as?shown,n<the: j^aifnvp^6|^^ctpji&f.If thenum£sr^is left<rbjanji ^^^^g^^a^'iz^i np notice will be prbvided,ttf ifeSefiecJuledfcerfificate holder underthat part-•-•'f7r rv* Any notificationrightsprovided by this endorsement apply only ^.^^e ^^fj^Xe hold^r(s)whb were issued a certificatei 6finsurance applicable tothis policy's term. ©2011,The Hartford Page 1 of 1 EXHIBIT 2 Insurance Requirements l*0^*V^orke/?'Compensation fojunwce at the statutory amgunt is tb alUnVpIc^^^the^Qr^e^ep^risatlpn Lawapf.tSe-SuteoTf Horida mcfuding^^^ or hereafter amended,and all applicable federal laws.In addition,*the>olfcy (ie$)vmi&^ ^%^?^cpVerage amount:The.RRM shall further InsurWthat all of itsiubconTOctori mairitain appropriate levels of Wbr^er^sCorfipensadon Insurance,""'"v v-^*.,rr 1-D-4 Commercial Comprehensive General Liability Insurance with broad»fo/mendj6rsement,:as well as automobile liability,completed operations and producttliabiiity.contraauaUiability,severability ofinterest with cross liability provision,and personal injury and property damage liability with limits of$1,000,000 combined single limit per occurrence and $2,000,000 aggregate,including: •Personal Injury:$1,000,000; •Medical Insurance:$5,000 per person; •Property Damage:$500,000eachoccurrence; •Automobile Liability:$1,000,000 each accident/occurrence. •Umbrella:$1,000,000 per claim '°5 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate.Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy,without restrictive endorsements,as filed by the Insurance Services Office,and must include: Thomas F.Pepe 9-10-14 Page45 of 50 (a)Premises andOperation (b)Independent Contractors (c)Products and/or Completed Operations Hazard (d)Explosion,Collapse and Underground Hazard Coverage (e)Broad Form Property Damage (f)Broad Form Contractual Coverage.applicable to this specific Contract,includihgariyhold harmless and/or inderhnifjcation.agreement. A.lf-anylSS3cepf cancelladon ©fcinsurance';6r^diange%t^bS shouldanyinsurance;haye ansexp shall be responsible for .seciirjn^ vexp|n$qn^s><'a^ coverage-during the life of this Contract ""'. B.All deductibles mustb\e declared byrJleRRMandrpilstMaggroyfo^^^the CITt;either the FIRM shall eliminate:^reduce su^a form satisfactory totheCITYcoveringthe same, C.The policies,shall contain waiver of subrogation against'CITY wheire applicable.shallfexpressly^provide that such policy or policies are primary over any other colle<±ible1nsurance:that CITY may havk The CITYreservestherightatanytimetorequestacopyof the,required policies for review.All policies shall contain a "severability ofInterest"or "cross liability'*clause without obligation forpremium payment oftheCITYas well as contractual liability provision covering the Contractors dutyto indemnify the City as provided inthis Agreement. D.Beforestartingthe Work,the FIRM shall delivertotheCITYand CONSULTANT certificates of such insurance,acceptable tothe CITY*aswellasthe insurance binder,ifoneisissued,theinsurance policy, includingthedeclarationpageand all applicable endorsements andprovidethename,addressand telephone number of the insuranceagentor broker through whom the policywasobtained.The insurer shall berated A.VII or better perA.M.Best'sKey Rating Guide,latesteditionandauthorizedtoissue insurance intheStateof Florida.All insurance policies mustbewrittenonformsapprovedbytheState of Florida byaninsurancecarrierthatisnot issuing thepolicyasasurpluslinescarrierandthe policy mustremainin full forceandeffectforthedurationofthecontractperiodwiththeCITY.The FIRM Thomas F.Pepe 9-10-14 Page 46 of 50 must provide a "certified copy"ofthe Policy (as defined in Article I ptthp document)which shall Include the declaration page and all required endorsements,in addition,the FlRM shall deliver,.atthe time of delivery of the insurance certificate,the following endorsements if such provision Is not already containedinthe policy: (a)an endorsement to the policy in.sub$tantially;the foUowing.form; Thomas F.Pepe 9-10-14 Page 47 of 50 Indemnification Requirement A.The Contractor accepts and voluntarily incurs all risks ofany injuries,damages,or harm which might arise during the work or event that is occurring oh the:ClTY;s p/operiy due to the negligence or other fault of the'Contractor or anyone acting through or on behalf of the CoMr$&oj;!I- B?The Contactor shall indemnify;defend,save an/ofj^ Successors'and assfons.harmlpcc from inv orM.oll A-minae vWmkr-fe&itJL?'\^^-,±\Z\\L2'~'J%S$^>^t %&£nfotfthere^ |bV%M%Trf^^ Thomas F.Pepe 9-10-14 ,...\^W|on^g^h GJty ofSouth:Miaml;whjcha^prQvaffwill not be uiirabor^^^^i^fv'^ Page 48 of 50 ;V'?^;:~4'£*' employees, fees^lativWcbsts lV"-.'' *"i '?-?.*-i^-*» EXHIBIT 3 'Downtown Business District LED Lighting" Hap op Downtown Business District I b, TV Thomas F.Pepe 9-10-14 Page 49 of SO it .,«v£\'v^;>«^^"V'-.t *.£ss Thomas F.Pepe 9-10-14 Page 50 of 50 Bids were opened on: BID OPENING REPORT Tuesday,November 18,2014 after:10:00am For:RFP #PW 2014-11 -Downtown Businsss District LED Lighting Project COMPANIES THAT SUBMITTED PROPOSALS:AMOUNT: LUMP SUM PER STRAND REMOVAL 1.BRANDANO DISPLAYS,INC. 2.PLANT PROFESSIONALS,INC.3** THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. Maria M.Menendez City Clerk:_ Witness: ame t-£L Print Name IuAjL Signature Witness: Print Name Signature PRODUCT ANALYSIS: DOWNTOWN BUSINESS DISTRICT LED LIGHTING RFP Background: The City advertised the RFP for "Downtown Business District LED Lighting"on October 14,2014.A Mandatory Pre-bid meeting was held onOctober28,2014;eight (8)firms wereinattendance.The RFP closed on IMovember 18,2014,two firms submitted proposals;Brandano Displays Inc.,and Plant Professionals,Inc.Asummaryof the proposalsarebelow: Respondent Lump Sum Price Brandano Displays,Inc.$148,506 Plant Professionals,Inc.$116,025 Products (Light Sets)&Specifications: The "Scope of Services"provided inthe RFP andasubsequent Addendum specified the following "light sets"are to be quoted: Products (Light Sets): Blachere Lighting lightsets,oran approved equal.Light setsshallbe designed tostayinthe trees all year longwithminimaltono maintenance.All connections shall be twist-lock water prooftype.Ifthetreelocationdoesnothaveapoweroutlet,(asnotedinscope)itdoesnot require lighting. Further,Addendum No.l responded toa question toclarifythe"lightset"that arerequiredforthis project Thespecificationforlight sets requiredbythe City areasfollows: •Manufacturer:BlachereIllumination,oran approved equal. •Product No:FL508 •Description:200 LED's perstrand,4"apart;12 Watt;120 Volt •Cable Color:Green •LED Color:Pure white Page 1 of 3 Evaluation of Proposals &Product Comparison: Each respondent met the minimum requirements of the RFP,see attached "Proposal Summary."Asa result of the difference between the "LumpSumPrice,"staff requested sample light sets from each respondent to determine if both met the specifications or,if the product isan approved equal.An inspection of the samples and specifications from each respondent determined the product quoted by Plant Professionals,while suitable for indoor/outdoor use,did not meet the specifications and is therefore,not an approved equal.Brandano Displays however,quoted the exact manufacture and specifications published in the RFP andisin compliance with the Product Specification.A summary of the light set inspections and findings are listed below: INSPECTION OF SAMPLES AND PRODUCT COMPARISON Bidder Lump Sum Bid Price 200 LED Lights Per Strand 4" Apart 12 Watt 120 Volt Green Cable Color LED Color: Pure White Plant Professionals $116,025 N/A N/A X X X X Brandano Displays $148,506 X X X X X X A detailed inspection of the sample lightprovidedbyPlant Professionals revealed alight set that was26' inlength,had50lights per strand with the lights6"apart,in addition,the strand includeda "Caution" tag stating the light sets arefor temporary (90daysmax)installation.This further supports the product PlantProfessionals quoted as not an approved equal andnoncompliancewith the "ScopeofServices" stating the following: "light sets provided bytheContractorshallprovideaminimumof36monthsofuninterrupted use." Brandano Displays lightsetshavenosuchrestrictions,three (3)strandscanbecombined together and furthermore,the tagaffixedtothesample set states itis "suitable forwet locations." Visual inspectionsofbothlightsets concluded thesample light set provided by Brandano Displays is heavy-duty,higher quality productwithheaviergaugewirestrandand electrical cordand,encapsulated LED bulbs.While bothproductsare"Pure White"in color,staff concluded the Plant Professional light sets were not as bright as Brandano's. Conclusions: The productquotedby Plant Professionals isnotan approved equaltotheproduct specifications published inthe RFP.The light strandsare considerably shorter,(26'vs 65'),with fewer lights per strand,(50 vs 200)and,the illumination isnotas bright asthe product standard.The tagonthe sample also states only two (2)strandsare recommended tobe combined together.The Brandano sample Page 2 of 3 statesthree (3)strands can be combined;that would beatotal coverage of52'vs 195'.From this fact alone,it will take more light strands to cover the downtown area.Included with the quotes is a "Maintenance Program"with ongoing maintenance for a minimum of36months from thedateof installation.Maintenance shall include,butnotbe limited to,restringing of light setsto accommodate tree growth,all light out issues (i.e.broken wire,faulty bulbs,etc),incaseof vandalism,the labor for replacement of any light strand shall be included within the maintenance agreement. Based onthe restriction ofa90day maximum deployment per strand,there would beconstant restringing oflightsandoverallworkactivityinthedowntownbusinessdistrictwhichwouldbean annoyance to business owners and patrons. Basedontheabove,Brandano Displays,Inc.isrecommendedfortheaward. Page3 of 3 South"Miami Tl IE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI Downtown Business District LED Lighting Proposal Due Date:10 AM,November 6,2014 RFP#PW20I4-M Solicitation Cover Letter TheCityofSouth Miami,Florida(hereinafterreferredtoas "CSM")throughitschiefexecutiveofficer(City Manager)herebysolicitssealedproposalsresponsivetotheCity's request (hereinafter referred toas"Request forProposals"or "RFP").All references inthisSolicitation(also referred to asan "Invitation forProposals"or "Invitation to Bid")to"City"shall beareferencetotheCity Manager,or themanager's designee,fortheCityof South Miami unless otherwise specifically defined. TheCityisherebyrequestingsealedproposalsinresponsetothis RFP #PW20I4-M titled Downtown Business District LED Lighting.Thepurposeofthis RFP isto contract fortheservicesnecessaryfor the completionoftheprojectinaccordancewiththescopeofservicesandtheplansand/or specifications,ifany, describedinthis RFP (hereinafterreferredtoas"theProject"or"Project") Interestedpersonswhowishtorespondtothis RFP canobtainthecomplete RFP package attheCityClerk's office Monday through Friday from 9:00 A.M.to4:00 P.M.orby accessing the following webpage: http://www.southmiamif1.gov/whichistheCityofSouth Miami's webaddressfor solicitation information. Proposals aresubjecttothe Standard Termsand Conditions contained inthecomplete RFP Package,including all documents listed in the RFP Table of Contents. The Proposal Package shall consist ofone(I)original unbound proposal,two(2)additional copies and one(I) digital (or comparable medium including Rash Drive,DVD orCD)copy all of which shall be delivered tothe Office oftheCityClerklocatedatSouth Miami City Hall,6130 Sunset Drive,South Miami,Florida 33143.The entire Proposal Package shall be enclosed ina sealed envelope or container and shall have the following Envelope Information clearly printed or written onthe exterior ofthe envelope or container in which the sealed proposal is delivered:thetitleofthis RFP,as follows Downtown BusinessDistrictLEDLightingProject,RFP #PW20I4-I I and the name ofthe Proposer (also referred toas "Respondent").Special envelopes such asthose provided by UPS or Federal Express will notbe opened unless they contain the required Envelope Information on thefrontor back ofthe envelope.Sealed Proposals must be received by Office ofthe City Clerk,either by mail or hand delivery,nolater than 10 A.M.local time on November 6,2014.A public opening will take place at 10 A.M.onthesamedateintheCity Commission Chambers located atCity Hall,6130 Sunset Drive,South Miami 33143.Any Proposal received after 10 A.M.local time on said date will notbe accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposalandinfavoroftheClerk'sreceiptstamp. AMandatoryPre-ProposalMeetingwillbe conducted atCity Hall in the Commission Chambers on October28,2014 at 10:00 A.M.The conference shall be held regardless of weather conditions.Proposals are subject tothe terms,conditions and provisions of this letteras well astothose provisions,terms,conditions, affidavits and documents contained in this RFP Package.The City reserves the right to award the Project tothe person with the lowest,most responsive,responsible Proposal,as determined by the City,subject tothe right of the City,orthe City Commission,to reject any and all proposals,and the right ofthe City to waive any irregularity in the Proposals or RFP procedure and subject also tothe right ofthe City to award the Project,and execute a contraa with a Respondent or Respondents,other than toonewho provided thelowest Proposal Price or,ifthe scope ofthe work is divided into distinct subdivisions,to award each subdivision toa separate Respondent. Maria M.Menendez,CMC CityClerk,CityofSouthMiami Page I of50 SCOPE OF SERVICES and SCHEDULE OF VALUE The Scope of Services and the Schedule of Values;If any,areset forth in the attached Exhibit I END OF SECTION Page2 of 50 Thomas F.Pepe 9-10-14 SCHEDULE OF EVENTS No Event Date* Time* (EST) 1 Advertisement/Distribution of Solicitation &Cone of Silencebegins 10/14/2014 4:00 PM 2 Mandatory Pre-RFP Meeting 10/28/2014 10:00 AM 3 Deadline to Submit Questions 10/31/2014 10:00 AM 4 Deadline to CityResponses to Questions 11/03/2014 10:00 AM 5 Deadline to Submit RFP-Response 11/06/2014 10:00 AM 6 Announcement of selected Contractor/Cone of Silence ends 11/18/2014 7:00 PM END OF SECTION Thomas F.Pepe 9-10-14 Page3 of 50 INSTRUCTIONS for RESPONDENT IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TOASTHE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS)REACHES THE CITY CLERK ONOR BEFORE THE CLOSING HOURANDDATE STATED ONTHE RFP FORM. 1.Purpose ofRFP.The City ofSouth Miami is requesting proposals for the lowest and most responsive price for the Project.The City reserves the right to award the contract to the Respondent whose proposal is found tobe in thebestinterests ofthe City. 2.Qualification of Proposing Firm.Response submittals to this RFP will be considered from firms normally engaged in providing the services requested.The proposing firm must demonstrate adequate experience, organization,offices,equipment and personnel to ensure prompt and efficient service to the City of South Miami.The City reserves the right,before recommending any award,to inspect the offices and organization ortotake any other action necessary to determine ability to perform in accordance with the specifications,terms and conditions.The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject ail response submittals to this RFP where evidence submitted,or investigation and evaluation,indicates inability ofa firm to perform. 3.Deviations from Specifications.The awarded firm shall clearly indicate,as applicable,all areas in which the servicesproposeddonot fully complywiththerequirementsofthis RFP.Thedecisionastowhetheran item fully complies with the stated requirements rests solely with the City of South Miami. 4.Designated Contact.The awarded firm shall appoint a person to act as a primary contact with the City of South Miami.This person or back-up shall be readily available during normal work hours by phone,email, orinperson,and shall beknowledgeableofthetermsofthecontract. 5.Precedence of Conditions.The proposing firm,by virtue of submitting a response,agrees that Cit/s General Provisions,Terms and Conditions herein will take precedence over any terms and conditions submitted withthe response,either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence,with theone having themost precedence being atthetopofthe list and the remaining documents in descending orderof precedence. Thisorderof precedence shall apply,unless otherwise specified intheContractor General Conditions to the Contract: a)Addenda to RFP b)Attachments/Exhibits to RFP c)RFP d)Attachments/Exhibitsto Special orsupplementaryconditionstoContract e)Special orsupplementaryconditionstoContract f)Attachment/Exhibits to Contract g)Contract h)General Conditions to Contract i)Proposal 6.ResponseWithdrawal.After Proposals areopened,correctionsormodificationsto Proposals arenot permitted,buttheCitymayallowthe proposing firm towithdrawanerroneous Proposal priortothe confirmation of the proposalawardbyCityCommission,if all ofthe following is established: a)Theproposingfirmactedingood faith insubmittingtheresponse; b)Theerrorwas not theresultofgross negligence or willful inattentiononthepartof the firm; c)TheerrorwasdiscoveredandcommunicatedtotheCitywithin twenty-four (24)hours(not including Saturday,Sundayora legal holiday)ofopeningtheproposalsreceived,alongwitharequest forpermissiontowithdrawthefirm's Proposal;and d)Thefirmsubmitsanexplanationinwriting,signedunderpenalty of perjury,stating how the error wasmadeanddelivers adequate documentation to the City to support the explanationand to show thattheerrorwasnot the resultofgross negligence or willful inattentionnormadeinbad faith. 7.The terms,provisions,conditions anddefinitionscontainedintheSolicitation Cover Letter shallapplyto these instructions to Respondents andtheyareherebyadoptedandmadeapart hereof byreference. 8.Anyquestionsconcerningthe Solicitation oranyrequiredneedfor clarification mustbemadeinwriting,by 10 AM,October,31,2014 to the attention of Steven P.Kulick at skulick@southmiamif1.gov or via facsimile at (305)663-6346. Page4 of 50 Thomas F.Pepe 9-10-14 9.The issuanceofa written addendumistheonly official method whereby interpretation and/or clarification ofinformationcanbe given.Interpretationsor clarifications,considerednecessaryby the Cityinresponse tosuchquestions,shall beissuedbyawrittenaddendumtothe RFP Package (alsoknownas "RFP Specifications"or "RFP")by U.S.mailorotherdeliverymethodconvenienttotheCityandtheCitywill notify all prospective firmsvia the City's website. 10.Verbalinterpretationsor clarifications shall be without legal effect.Nopleabya Respondent of ignorance or the needforadditionalinformation shall exempt a Respondent fromsubmitting the Proposalon the required dateand time as set forthin the public notice. 11.Cone of Silence:Youare hereby advisedthatthis Request forProposalsis subject to the "Cone of Silence,"inaccordancewithMiami-Dade County OrdinanceNos.98106 and 99-1.From the time of advertisinguntil the City Manager issueshis recommendation,there isaprohibitiononverbal communicationwith the City'sprofessionalstaff.All written communication must complywiththe requirements of the Cone of Silence.The Cone ofSilencedoes not apply to verbal communications atpre- proposal conferences,verbal presentations before evaluation committees,contract discussionsduringany dulynoticedpublicmeeting,public presentationsmadetotheCityCommissionduringanydulynotice publicmeeting,contractnegotiationswiththestafffollowing the City Manager's written recommendation fortheawardofthecontract,or communications inwritingatanytimewithanyCityemployee,official or member oftheCityCommissionunless specifically prohibited.Acopyofallwrittencommunicationsmust be contemporaneously filed withtheCity Manager andCityClerk 12.Violation ofthese provisions byany particular Respondent orproposer shall renderany recommendation forthe award ofthecontractorthecontract awarded to said Respondent orproposer voidable,and,in such event,said Respondent or proposer shall notbe considered for any Solicitation fora proposal,for qualifications,foraletterofinterestorbid concerning anycontractforthe provision ofgoodsor services for a period ofone year.Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division,which areforthe purposes of obtaining additional orclarifying information. 13.Lobbying.All firms and their agents who intend to submit,orwho submitted,bids or responses for this RFP,are hereby placed on formal notice that neither City Commissioners,candidates for City Commissioner or any employee ofthe City of South Miami are to be lobbied either individually or collectively concerning this RFP.Contact shall only be made through regularly scheduled Commission meetings,or meetings scheduled through the Purchasing Division,which are for the purposes of obtaining additional or clarifying information. 14.Reservation of Right.TheCity anticipates awarding one contract for services asa result of this RFP and the successful firm will be requested to enter into negotiations to produce a contract for the Project.The City,however,reserves the right,in its sole discretion,to do any of the following: a)to reject any and all submitted Responses and to further define or limit the scope of the award. b)to waive minor irregularities in the responses or in the procedure required by the RFP documents. c)to request additional information from firms as deemed necessary. d)to make an award without discussion or after limited negotiations.It is,therefore,important that all the parts ofthe Request for Proposal be completed in all respects. e)to negotiate modifications to the Proposal that it deems acceptable. f)to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal.The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to theCity. g)To modify the Contract Documents.The terms ofthe Contract Documents are general and not necessarily specific to the Solicitation.It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent,by making a Proposal, agrees tosuch modifications andtobeboundbysuch modified documents. h)to cancel,in whole or part,any invitation for Proposals when it is in the best interest ofthe City, i)to award the Project to the person with the lowest,most responsive,responsible Proposal,as determinedbythe City, j)to award the Project,and execute a contract with a Respondent or Respondents,other than to one whoprovidedthelowest Proposal Price, k)if the scope ofthe work is divided into distinct subdivisions,to award each subdivision toaseparate Respondent. Page5 of 50 Thomas F.Pepe 9-10-14 15.Contingent Fees Prohibited.The proposing firm must warrant that it has not employed or retained a company or person,other than a bona fide employee,contractor or subcontractor,working in its employ, to solicit or secure acontract with the City,and that it has not paid or agreed to pay any person,company! corporation,individual or firm other than a bona fide employee,contractor or sub-consultant,working in its employ,any fee,commission,percentage,gift or other consideration contingent upon or resulting from the award or making ofa contract with the City. 16.Public Entity Crimes.A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a contraa to provide any goods or services,or a contract for construction or repair ofa public building,may not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a contract to perform work as a CONTRACTOR,Sub-contractor,supplier,Sub consultant,or consultant under a contraa with the City of South Miami,and may not transaa business with the City of South Miami for a period of 36 months from the date of being placed onthe conviaed vendor list. 17.Respondents shall use the Proposal Form(s)furnished bythe City.All erasures and corrections must have the initials ofthe Respondent's authorized representative in blue ink at the location of each and every erasure and correaion.Proposals shall be signed using blue ink;all quotations shall be typewritten or printed with blue ink.All spaces shall be filled in with the requested information orthe phrase "not applicable"or "NA".The proposal shall be delivered on or before the date and time,and atthe place and in such manner as set forth in the Solicitation Cover Letter.Failure to do so may cause the Proposal tobe rejeaed.Failure to include any ofthe Proposal Forms may invalidate the Proposal.Respondent shall deliver tothe City,aspartofits Proposal,the following documents: a)The Invitation for Proposal and Instruaions to Respondents. b)A copy of allissuedaddenda. c)Thecompleted Proposal Form fully executed. d)Proposal/Bid Bond,(Bond or cashier's check),if required,attached tothe Proposal Form. e)Certificates of Competency as well as all applicable State,CountyandCity Licenses held by Respondent f)Certificateof Insurance and/orLetterof Insurability. 18.Goods:Ifgoodsaretobe provided pursuant tothis RFP the following applies: a)Brand Names:Ifa brand name,make,manufacturer's trade name,orvendor catalog numberis mentioned inthisSolicitation,whether or not followedbythewords"approvedequal",itisforthe purpose of establishingagradeorqualityofmaterialonly.Respondent mayoffergoodsthatare equal to the goodsdescribedinthisSolicitationwithappropriateidentification,samplesand/or specificationsforsuchitem(s).TheCityshallbe the solejudgeconcerning the meritsofitems proposed asequals. b)Pricing:PricesshouldbestatedinunitsofquantityspecifiedintheProposalForm.Incase of a discrepancy,the City reserves the righttomake the final determination at the lowest net cost to the City. c)Mistake:In the event that unitpricesarepartoftheProposalandif there isadiscrepancy between the unitprice(s)and the extended price(s),the unitprice(s)shall prevailand the extended price(s) shallbeadjusted to coincide.Respondents areresponsibleforcheckingtheircalculations.Failure to dososhallbeat the Respondent's risk,anderrorsshall not release the Respondent fromhis/heror its responsibility as noted herein. d)Samples:Samples of items,whenrequired,must befurnishedby the Respondent free of chargeto the City.Each individual samplemustbelabeledwith the Respondent'snameandmanufacturer's brandnameanddeliveredbyitwithinten (10)calendardaysof the Proposalopeningunlessschedule indicatesadifferenttime.Ifsamplesarerequestedsubsequentto the Proposal opening,they shall be deliveredwithinten (10)calendardays of the request TheCity shall not beresponsibleforthe return of samples. e)Respondent warrantsbysignatureonthe Proposal Formthatprices quoted herearein conformity with the latest Federal Price Guidelines. f)Governmental Restrictions:In the event anygovernmental restriaions maybe imposed whichwould necessitate alterationofthematerialquality,workmanship,orperformanceof the itemsofferedon thisProposalpriortotheirdelivery,it shall betheresponsibilityofthesuccessful Respondent to notify the Cityatonce,indicatinginits letter thespecificregulationwhichrequiredanalteration. TheCity of South Miami reservestherighttoacceptanysuchalteration,includinganyprice Page6of50 Thomas F.Pepe 9-10-14 adjustments occasioned thereby,orto cancel all oranyportionoftheContract,atthesole discretionoftheCityandatnofurtherexpensetotheCitywiththirty(30)days advanced notice. g)Respondent warrantsthatthe prices,termsand conditions quotedinthe Proposal shall be firm fora periodofonehundredeighty (180)calendardaysfromthedateofthe Proposal opening unless otherwise stated intheProposalForm.Incomplete,unresponsive,irresponsible,vague,or ambiguous responsestothe Invitations for Proposals shall becauseforrejection,asdeterminedbytheCity. h)SafetyStandards:TheRespondentwarrantsthatthe produa(s)tobe supplied totheCityconform inall respeas to the standards set forthintheOccupationalSafetyandHealthAct(OSHA)andits amendments.ProposalsmustbeaccompaniedbyaMaterialsDataSafetySheet (M.S.D.S)when applicable. 19.Liability,Licenses&Permits:The successful Respondentshallassumethe full duty,obligation,andexpense ofobtainingall necessary licenses,permits,andinspections required bythisRFPandas required bylaw. The Respondent shallbeliableforanydamagesorlosstotheCityoccasionedbythe negligence ofthe Respondent (or itsagent or employees)or any person actingfor or through the Respondent. Respondents shallfurnishacertifiedcopyofalllicenses,Certificates of Competency or other licensing requirement necessary to praaice their profession andapplicable to the work to be performed as required byFlorida Statutes,the Florida Building Code,Miami-Dade County Code or CityofSouth Miami Code. These documents shallbefurnishedtotheCityas part of the Proposal.Failuretohaveobtained the required licensesandcertifications or tofurnish these documents shallbe grounds forrejecting the Proposalandforfeitureofthe Proposal/Bid Bond,ifrequiredforthisProject. 20.RespondentshallcomplywiththeCity'sinsurance requirements as set forthintheattached Exhibit 2or, ifapplicable,the General Conditions tothe Contract: prior toissuanceofany Contraa(s)orAward(s)Ifa recommendation forawardof the contraa,or an awardofthecontractismadebefore compliance withthis provision,the failure to fully andsatisfaaorily complywiththeCity'sbonding,ifrequiredforthis projea,andinsurancerequirementsas set forthherein shall authorizetheCityto implement a rescission ofthe Proposal Award or rescission ofthe recommendation for award ofcontractwithoutfurtherCityaaion.The Respondent,by submitting a Proposal,therebyagreesto hold the City harmless and agrees to indemnify theCityand covenants notto sue the Cityby virtue of such rescission. 21.Copyrights and/or Patent Rights:Respondent warrants thatastothe manufacturing,producing or selling of goods intended tobe shipped or ordered by the Respondent pursuant to this Proposal,there has not been,nor will there be,any infringement of copyrights or patent rights.The Respondent agrees to indemnify City from any and all liability,loss or expense occasioned by any such violation or infringement. 22.Execution of Contract:The Respondent to this RFP acknowledges that by submitting a response ora proposal,Respondent agrees tothe terms ofthe form contract and tothe terms ofthe general conditions tothecontraa,both of which arepartof this RFP package and agrees that Respondent's signature onthe response to this RFP grants tothe City the authority,onthe Respondent's behalf,to inserted,into any blank spaces in the contract documents,information obtained from the proposal and the Respondent's signature shall alsobetreated,for all purposes,including the enforcement of all ofthetermsand conditions ofthe contract,as the Respondent's signature on the contract,after the appropriate information has been inserted. 23.Evaluation of Proposals:The City,at its sole discretion,reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements ofthe Contraa In addition,the price,responsibility and responsiveness of the Respondent,the financial position,experience,staffing, equipment,materials,references,and past history of service tothe City and/or with other units of state, and/or local governments in Florida,or comparable private entities,will be taken into consideration inthe Award of the Contract. 24.Drug Free Workplace:Failure to provide proof of compliance with Florida Statute Section 287.087,as amended,when requested shall be cause for rejeaion ofthe Proposal as determined by the City. 25.Public Entity Crimes:A person or affiliate who was placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a response on a contraa to provide any services toa public entity,may not submit RFP on leases of real property toa public entity,and may not transaa business with any public entity in excess of the threshold amount provided in Section 287.017,for a period of36monthsfromthedateof being placed onthe Convicted Vendors List. 26.Contingent Fees Prohibited:The proposing firm must warrant that it has not employed or retained a company or person,other than a bona fide employee,contraaor or subcontractor,working in its employ, to solicit or secure a contract with the City,and that it has not paid or agreed to pay any person,company,' Page7of 50 Thomas F.Pepe 9-10-14 corporation,individual or firm other than a bona fide employee,contractor or sub-consultant,working in its employ,any fee,commission,percentage,gift or other consideration contingent upon or resulting from the award or making ofa contraa with the City. 27.Hold Harmless:All Respondents shall hold the City,its officials and employees harmless and covenant not to sue the City,its officials and employees in reference to its decisions to reject,award,or not award a contract,as applicable,unless the claim is based solely on allegations of fraud and/or collusion.The submission ofa proposal shall aa as an agreement by the Respondent that the Proposal/Bid Bond,if required for this project,shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this RFP process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process.In any such suit, the prevailing party shall recover its attorney's fees,court costs as well as expenses associated with the litigation.In the event that fees,court costs and expenses associated with the litigation are awarded to the City,the Proposal/Bid Bond,if required for this project,shall be applied to the payment ofthose costs and any balance shall be paid bythe Respondent. 28.Cancellation:Failure on the part of the Respondent to comply with the conditions,specifications, requirements,and termsas determined bythe City,shall be just cause for cancellation ofthe Award or termination of the contraa. 29.Bonding Requirements:The Respondent,in submitting this Proposal,shall include a Proposal/Bid Bond,if required for this project,in the amount of 5%of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein.A company or personal check shall not be deemed avalid Proposal Security. 30.Performance and Payment Bond:The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond,each,in the amount of 100%of the total Proposal Price, including Alternates if any,naming the City of South Miami as the obligee,as security for the faithful performance ofthe Contraa and for the payment of all persons or entities performing labor,services and/or furnishing materials in connection herewith.The bonds shall be with a surety company authorized to do business in the State of Florida. 30.1.Each Performance Bond shall be in the amount ofone hundred percent (100%)ofthe Contraa Price guaranteeing toCITYthe completion and performance ofthe Work coveredintheContract Documents. 30.2.Each Performance Bond shall continue in effect for five year after final completion and acceptance oftheWorkwiththe liability equal toone hundred percent (100%)oftheContraa Sum. 30.3.Each Payment bond shall guarantee the full payment of all suppliers,material man,laborers,or Subcontraaoremployedpursuanttothis Project. 30.4.Each Bond shall bewitha Surety company whose qualifications meetthe requirements of insurancecompaniesas set forthintheinsurance requirements of thissolicitation. 30.5.Pursuant totherequirementsofSection 255.05,Florida Statutes,Respondent shall ensurethat the Bond(s)referencedabove shall berecordedinthe public recordsof Miami-Dade Countyand provideCITYwithevidence of such recording. 30.6.Thesuretycompany shall holdacurrent certificate ofauthorityas acceptable suretyon federal bondsinaccordancewiththeUnitedStatesDepartmentofTreasuryCircular570,currentrevisions. 31.Proposal Guarantee:ThesuccessfulRespondent,withinten (10)calendar daysofNoticeofAwardbythe City,shall executetheContractandotherContractDocumentsthatprovidefortheRespondent's signature,anddeliver to the CitytherequiredinsurancedocumentationaswellasaPerformanceand PaymentBondif these bondsarerequired.TheRespondentwhohasthe Contraa awardedtoitandwho fails to execute the Contraa and furnish therequiredBondsand Insurance Documentswithinthe specified time shall,attheCity'soption,forfeitthe Proposal/Bid Bond/Securitythataccompaniedthe Proposal,and the Proposal/Bid Bond/Securityshallberetainedas liquidated damagesby the City.Itisagreedthatif the City accepts payment from the Proposal/BidBond,thatthissumisafair estimate of the amount of damages the Citywillsustainincase the Respondent fails tosign the Contraa Documents or fails to furnish therequiredBondsand Insurance documentation.IftheCitydoesnotacceptthe Proposal/Bid Bond,theCitymayproceedtosueforbreachofcontractifthe Respondent fails toperforminaccordance with the Contract Documents.Proposal/Bid Bond/Security deposited in the formofacashier'scheck drawnonalocalbankingoodstanding shall be subjea tothesame requirements asa Proposal/Bid Bond. 32.Pre-proposal Conference SiteVisits:IfaMandatory Pre-proposal conference isscheduledforthisproject, all Respondents shall attend the conference andtour all areas referenced in the Proposal Documents.It shallbegroundsforrejectingaProposalfroma Respondent who did not attendthemandatorypre- proposal conference.Nopleas of ignorancebythe Respondent ofconditionsthatexist,orthatmay Page8 of 50 Thomas F.Pepe 9-10-14 hereinafter exist,asa result of failure tomake the necessaryexaminationsorinvestigations,or failure to complete anypart of the RFP Package,willbeacceptedasbasisforvaryingthe requirements of the Contraa withtheCity of South Miami orthe compensation of the Respondent. 33.TimeofCompletion:Thetimeisoftheessencewithregardtothecompletionofthe Work tobe performedunder the Contracttobeawarded.Delaysand extensions of timemaybeallowedonlyin accordancewiththeprovisionsstatedintheappropriate seaion ofthe Contraa Documents,including the ProposalForm. 34.Submittal Requirements:AllProposalsshallcomplywith the requirements setforthherein. 35.Cancellation of BidSolicitation:The Cityreservestheright to cancel,in whole or part,any request for proposal when itisin the best interest of the City. 36.Respondent shall not discriminatewithregard to itshiring of employees or subcontraaors orinits purchase of materials or inanywayin the performance of itscontract,if one isawarded,basedonrace, color,religion,nationalorigin,sex,age,sexualorientation,disability,or familial status. 37.All respondents,at the time of bidopening,musthave fulfilled allpriorobligationsand commitments to the Cityin order tohavetheirbidconsidered,including all financial obligations.Priortotheacceptanceofany bidproposalorquotation,theCity's Finance Department shall certifythattherearenooutstanding fines, monies,fees,taxes,liensorother charges owedtotheCitybytheRespondent,anyoftheRespondent's principal,partners,membersorstockholders(colleaivelyreferredtoas"RespondentDebtors").Abid, proposal orquotation will notbeaccepted until all outstanding debtsof ail RespondentDebtorsowedto thecityare paid in full.No bidder whoisin default ofanypriorcontraawiththeCitymayhavetheirbid considereduntil the defaultiscuredtothe satisfaaion oftheCity Manager. END OF SECTION Page9 of 50 Thomas F.Pepe 9-10-14 Proposal Submittal Checklist Form This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation.Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation.Additional documents may be required and,if so,they will be identified in an addendum to this RFP.The response shall include the following items: Attachments and Other Documents tobe Completed: Bid Form N/A Proposal/BidBond N/A Performance Bond (As a Condition of Award;Not Required ™/M With the Submittal) Respondents Qualification Statement Non-Collusion Affidavit PublicEntity Crimes andConflicts of Interest DrugFree Workplace Acknowledgement of Conformance with OSHA Standards ListofProposed Subcontraaors and Principal Suppliers RelatedParty Transaaion VerificationForm Indemnification and Insurance Documents Signed Contract Documents (All -including GeneralConditions and Supplementary Conditions) Check Completed. N/A N/A Submitthischecklist along withyour proposal indicating thecompletionand submission ofeachrequiredforms and/or documents. END OF SECTION Thomas F.Pepe 9-10-14 Page 10 of 50 BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami,FL 33143 I•Ifthis Proposal isaccepted,the undersigned Respondentagreesto enter intoa Contraa withtheCity of South Miami in the formincludedinthis RFP Package,and to perform andfurnishall work asspecified or indicatedinthisRFPfor the ProposedPrice,within the Contraa Time andin accordance with the other terms and conditions of the RFP Package. 2.Respondent acceptsall of thetermsandconditionsof the RFP,Invitation for Proposals andInstructionsto Respondents,including without limitation those dealingwiththedispositionof Proposal/Bid Bond.This Proposal willremainsubject to acceptancefor 180 calendar daysafterthedayof the Proposal Opening. Respondentagreestosignandsubmitthe Contract,ifnot already submitted,theBonds,required insurancedocuments,and other documentsrequiredbythe RFP,withinten (10)calendardaysafterthe date of the City's Notice of Award. 3.In submittingthis Proposal,Respondentrepresentsthat: a.Respondent has examined copies of all the RFP Documents andofthe following Addenda,ifany (receiptof all whichishereby acknowledged.) Addendum No.Dated: Addendum No.Dated: Addendum No.Dated: Addendum No.Dated: Addendum No.Dated: Addendum No.Dated: b.Respondent has familiarized himself with the nature and extentoftheContraa Documents,the proposed work,site,locality,and all local conditions and laws and regulations that in any manner may affeacost,progress,performance or furnishing oftheWork. c.Subsurface conditions:If applicable to this RFP,the Respondent represents that: i.Respondent has studied carefully all reports and drawings,if applicable,of subsurface conditionsand drawings of physical conditions. d.Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying)ail such examinations,investigations,explorations,tests and studies in addition toorto supplement those referred toin this paragraph which pertain tothe subsurface or physical conditions atthe site or otherwise may affect the cost,progress,performance,orthe furnishing oftheWorkatthe Contract Price,within theContraaTime and in accordance with the other terms and conditions of the Contract Documents.The Respondent hereby acknowledges that no additional examinations,investigations,explorations,tests,reports or similar information or data are,or will,be required by Respondent for any reason in conneaion with the Proposal.The failure ofthe Respondent to request a pre-bid marking of the construaion siteby any or all utility companies shall create an irrefutable presumption thatthe Respondent's bid,or proposal price,has taken into consideration all possible underground conditions and Respondent,if awarded the contract,shall not be entitled toa change order for any such condition discovered thereafter. Page 11 of 50 Thomas F.Pepe 9-10-14 ii.Respondent has correlated the results of all such observations,examinations,investigations, explorations,tests,reports and studies with theterms and conditions ofthe Contraa Documents. iii.Respondent has reviewed and checked all information and data shown or indicated inthe RFP Package or in the Contract Documents with respea to existing Underground Facilities or conditions ator contiguous tothe site and assumes responsibility forthe accurate location of all Underground Facilities and conditions that may affea the Work.No additional examinations,investigations,explorations,tests,reports or similar information or data in respea to any Underground Facilities or conditions are,or will be,required by Respondent inorderto perform and furnish theWorkatthe Contraa Price,within the Contraa Timeandinaccordancewiththe other termsandconditionsofthe Contraa Documents unless the Proposal specifically states thatthe contract price is subject to adjustmentforfuture discovery of underground facilities and/or conditions thataffeathe costoftheWork and unless the respondent makes a written request tothe City for additional information priorto submitting the bid or proposal as required in subsection ii above, e.Respondent has given the City written notice of ail conflicts,errorsor discrepancies thatit has discovered inthe Contraa Documents and,if any conflicts,errorsor discrepancies have been found and notice given,the Respondent represents,by submitting its proposal tothe City,that the Respondent has received sufficient notice ofthe resolution thereoffromthe City,that such resolutionis acceptable to Respondent andthatthe Respondent waives any claim regarding the conflicts,errors or discrepancies. f.This Proposal is genuine andnot made intheinterestoforon behalf ofany undisclosed person, firm orcorporationandisnot submitted pursuanttoanyagreementorrulesofanygroup, association,organization,or corporation;Respondenthas not direaly or indirealy induced or solicitedany other Respondenttosubmitafalseorsham Proposal;Respondenthasnotsolicited orinducedanyperson,firmorcorporationtorefrainfromresponding;andRespondenthasnot soughtbycollusion or otherwise toobtainforitselfanyadvantageoverany other Respondent or over the CITY. 4.Respondentunderstandsandagreesthatthe Contraa Priceisthe amount thatitneedstofurnishand installallof the Work complete andinplace.TheScheduleofValues,if required,isprovidedfor the purpose of Proposal Evaluationand when initiatedby the CITY,itshallform the basisforcalculating the pricingofchange orders.The Contract Priceshall not beadjustedinanywaysoas to result ina deviationfrom the ScheduleofValues,except to the extent that the CITY changes the scopeof the Work after the Contract Date.Assuch,the Respondent shallfurnishalllabor,materials,equipment, tools,superintendence andservicesnecessarytoprovideacomplete,inplace,Projea for the Proposal Price of: LUMP SUM BASE PRICE:$ dollars and cents PRICE PER LIGHT STRAND,PER SCOPE OF SERVICES: dollars and cents Page 12 of 50 Thomas F.Pepe 9-10-14 COST ESTIMATE FOR REMOVAL OF LIGHT STRANDS AFTER 36 MONTHS,PER SCOPE OF SERVICES:$ dollars and cents 5.The ENTIRE WORK shall be completed,in full,within 30 Calendar Days fromthedate stipulated inthe NOTICE TO PROCEED.Failure tocompletetheentireworkduringthedescribedtimeperiod shall resultin the assessmentofliquidateddamagesas set forthinthe Contraa. 6.Communications concerning thisProposalshallbe addressed to: RESPONDENT: Address: Telephone: Facsimile: Attention: 7.The terms usedinthisProposalwhicharedefinedinthe Contraa shallhavethesamemeaningasis assigned to themin the Contract Documents,unless specifically definedinthisRFP Package. SUBMITTED THIS DAY OF 20 PROPOSAL SUBMITTED BY: Company TelephoneNumber Name of Person Authorized to Submit Fax Number Proposal Signature Email Address Title END OF SECTION Page 13 of 50 Thomas F.Pepe 9-10-14 NOTE:NOT REQUIRED FOR THIS PROJECT Downtown Business District LED Lighting Project PROPOSAL/BID BOND STATE OF FLORIDA ) ) COUNTYOF MIAMI-DADE ) KNOW ALL MEN BY THESE PRESENTS,thatwe, .as Principal,and _ as Surety,are held and firmly bound untothe City of South Miami ("City"),a municipal corporation ofthe State of Florida inthe sum of Dollars ($_),lawful money ofthe United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators and successors jointly and severally, firmlyby these presents. THE CONDITION OFTHIS OBLIGATION ISSUCHthat: WHEREAS,the Principal has submitted the accompanying Proposal dated ,for tne pursuanttoan RFP andaconditionprecedenttothe submission of said Proposal isthata Proposal/Bid Bond in the amount of five percent (5%)ofthe Base Proposal be submitted with said Proposal asa guarantee thatthe Respondent would fulfill the obligations set forth inthe RFP andproposal documents; NOW THEREFORE, A.If the principal shall not withdraw said proposal within one hundred eighty (180)calendar days afterthe datefor opening ofthe same,and shall,within ten (10)calendar days afterthe prescribed forms are presented toit for signature,enterintoawrittencontraawiththeCityin accordance withthe proposal as accepted,and give bondswithgoodand sufficient suretyor sureties,asmaybe required,forthe faithful performance andproper fulfillment ofsuch contract,and provide proofof insurance as required,thentheabove obligations shall bevoid and of no effect,otherwise to remain infull force and effea. B.However,inthe event of the principal's unauthorizedwithdrawal of saidproposalwithinonehundred eighty (180)calendardaysafter the date of theopening of thesameorthe failure to enter intoa written contraa with the Owner inaccordancewith the proposalasaccepted,and/or the failure to provide the Citywithbonds issuedfromgoodandsufficient surety or sureties,asmayberequired,for the faithful performance and proper fulfillmentofsuch Contraa and proof of insurancewithinten (10)calendardaysafter the prescribedformsare presented toitforsignatureand/orin the event thatthe principal isnotawardedtheprojectbut fails to waive all claimsthataroseormighthavearisen out of the RFP process,thentheaboveobligations shall remainin full force and effea andthebond shall thereafter bedisburse,by court order,tothe Owner inthe full amount ofthebondif the Proposal Documentsprovidefor liquidated damages underthecircumstanceofthecaseor,if liquidated damages are not applicable,theninanamountthatisadequateto fully compensate the Owner for all ofits damagesincurreddue to the breach of the terms of thisBond,including all attorney fees,court costsand legal expense incurredbytheCityforanyand all actiontaken,whetherbeforeorafterthe commencement of legal proceedings,including proceedingsrequiredtoobtainthecourtorderof disbursement including thecostof all appeals or other relatedproceedings,aswellasthefeesandcostsincurred to col lea these damages. IN WITNESS WHEREOF,the abovebondedpartieshave executed this instrument undertheir several seals this dayof ,20,thenameandthecorporate seal of each corporate partybeing hereto affixedand these presentsbeingdulysignedbyitsundersigned representative. Page 14 of50 Thomas F.Pepe 9-10-14 ATTEST: (Seal) (Individual or Partnership Principal) (Business Address) (City/State/Zip) (Business Telephone) Secretary (Corporate Surety)* By: *lmpressCorporateSurety Seal IMPORTANT Surety companies executing bonds must appear onthe Treasury Department's mostcurrent list (circular570asamended)andbe authorized to transact businessintheStateofFlorida. FAILURE TO COMPLETE.SIGN.&RETURN THISFORMMAY DISQUALIFY YOU By: Page 15 of 50 Thomas F.Pepe 9-10-14 NOTE:NOT REQUIRED FORTHISPROJECT FORM OF PERFORMANCE BOND DowntownBusinessDistrictLEDLighting Project KNOW ALLMENBYTHESEPRESENTS: That,pursuant tothe requirements of Florida Statute 255.05,we, ,whose business address is and whose telephone number is ,as Principal (hereinafter referred to as "Contraaor"),and _.whose business address Is and whose telephone number is ,as Surety,are bound to the City of South Miami whose business address is and whose telephone number is '[[and Miami- Dade County whose business address is and whose telephone number is Has Obligee,(hereinafter referredtoas "City")inthe amount of _Dollars ($)forthe payment whereof Contraaor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally. WHEREAS,Contractor has enteredintoa Contract,forthe «PROJECT»Project,awarded onthe .day of ,20,under Contraa Number bythe City forthe construction of (brief description ofthe Work)in accordance with drawings (plans)and specifications prepared by [._which Contraa is hereby made a part hereof byreference,andis hereafter referred toasthe "Contraa"; THE CONDITION OF THIS BOND is that the Contraaor 1.Fully performs the Contract between the Contractor and the Sf!SSfS@»within ££BSS3S3^S afterthedateofContractcommencementas specified intheNoticetoProceedandinthemanner prescribed in the Contract;and 2.Indemnifies and pays City all losses,damages (specifically including,butnot limited to,damages for delay and other foreseeable consequential damages),expenses,costsandattorney'sfees,including attorney'sfees incurred in appellate proceedings,mediation and arbitration,ifany,that City sustains becauseofdefaultby Contractor underthe Contraa orcausedbyor arising outofanyactionor proceeding to enforce the Contraa or thisBond;and 3.Uponnotificationby the City,correa anyand all patentlydefectiveorfaulty Work ormaterialsthat appearwithinone(I)yearaftertheissuanceoftheCertificateofOccupancy,and correct anyandail latentdefectsthatarediscoveredbeforetheexpirationofthethird(3rd)year following thedateof theissuanceoftheCertificateof Occupancy;and 4.Performstheguaranteeof all Work and materials furnished underthe Contract forthetime specified in the Contract. Ifallof the forgoing conditions aremet,thenthisBondisvoid,otherwise itshallremainin full forceand effect Whenever Contractor shallbe,anddeclaredbytheCitytobe,indefaultfor failing toperforminstrict accordancewithanyof the terms oftheContract,theSuretyshallpromptlyremedythedefaultaswellas perform in the following manner: Complete the Contract in accordance withthe Contract's terms andconditionsprovidedtheCity makes available,as Work progresses,thatportionofthe Contract Price that hasnotalreadybeenpaid to,oronbehalfof,the Contractor.TheCityshallnotberequiredtopayanymorethantheamount of the Contraa Price.The surety shall not beobligatedtopay more than the maximum amount for whichtheSuretymaybeliableassetforthinthefirstparagraphofthisbond.IftheSurety fails to commencethe Work withinthirty(30)daysofreceiptoftheCity'sdeclarationofadefaultorifthe Surety fails tomanthejobwithsufficientforces,orsuspendsthe Work,formorethanthirty(30) days,either consecutive or incombinationwith separate occasions,theCityshallhavetheoption,in the City'ssolediscretion,and without waiving itsrighttoany other remedy or damagesprovidedfor bythisbond,to complete the Work with other forcesand the Suretyshallpayforthe cost to Page 16 of50 Thomas F.Pepe 9-10-14 complete the Work.The term "balanceofthe Contraa Price"asusedinthisparagraph,shallmean the total amount payablebyCityto Contraaor under the Contract andany amendments thereto,less the amount properly paidby the Cityto the Contractor. Norightofactionshall accrue onthisBondto or fortheuseofany person or corporation other thanthe City named herein. The Surety hereby waives notice ofandagreesthatanychangesin or under the Contract Documents and compliance or noncompliance withanyformalities connected with the Contract shall not affea the Surety's obligation under thisBond. IN WITNESS WHEREOF,the above bonded partieshave executed this instrument under their several sealsonthis dayof ,20,the nameand the corporate sealofeach corporate partybeing hereto affixed andthesepresents being dulysigned byits undersigned representative. IN PRESENCE OF: (Individual,President,Managing Member or GeneralPartner,etc.) OR ATTEST: Secretary IN THE PRESENCE OR andAttorney-in-factSignature) STATE OF FLORIDA COUNTY OF MIAMI-DADE (Business Address) (City/State/Zip) (Business Telephone) (Corporate Name) (President) (Business Address) BY: (City/State/Zip) (Business Telephone) INSURANCE COMPANY: (SEAL) (Business Address) (City/State/Zip (Business Telephone) (Agent Onthis,the day of ,20 ,beforeme,the undersigned notary public oftheStateof Florida,the foregoing performance bondwas acknowledged by (Corporate Officer), .(Title),of (Nameof Corporation),a .(StateofIncorporation)corporation,onbehalfofthecorporation. WITNESSmyhandand official seal. NOTARY PUBLIC: SEAL OF OFFICE: Personally known to me,or Personal identification: Notary Public,State ofFlorida (Nameof Notary Public:Print,Stamp or Type as commissioned.) TypeofIdentification Produced Did take an oath,or Did Not take an oath. Thomas F.Pepe 9-10-14 Page 17 of 50 NOTE:NOT REQUIREDFORTHISPROJECT FORM OF PAYMENT BOND Downtown Business District LEDLighting Project KNOW ALLMENBY THESE PRESENTS: That,pursuant tothe requirements of Florida Statute 255.01,et seq.,Florida Statutes,we, whosebusinessaddressis and whose telephone number is ,as Principal,(hereinafter referred to as "Contractor"),and .,whose business address is andwhose telephone numberis ,as Surety,are bound totheCityof South Miami,whose business address is and whose telephone number is ,[[and Miami-Dade County whose business address is and whose telephone number is ]]as Obligee,(hereinafter referredtoas "City")intheamountof .Dollars ($)forthepaymentwhereof Contraaor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally. WHEREAS,Contraaor has,bywritten agreement,entered into aContraaforthe «PROJECT»,Projea awarded onthe day of ,20 ,under Contraa Number __for the construaion of (brief description ofthe Work)by the City in accordance with drawings (plans)and specifications,ifany,preparedby which Contractis herebymadea part hereof byreferenceandishereafterreferredtoasthe "Contract"; THE CONDITION OF THIS BOND is that if the Contractor: 1.Promptly performs the construction workinthe time and manner prescribed inthe Contraa;and 2.Promptlymakespaymentsto all claimants,as defined inSection255.05,Florida Statutes, supplying Contractorwith labor,materials,or supplies,used direalyor indirectly byContractor intheprosecutionoftheworkprovidedforintheContract;and 3.Pays Cityall losses,damages,expenses,costs,andattorney's fees,including those incurred in anyappellate,mediation or arbitration proceedings,ifany,that Owner sustainsbecauseofa defaultby Contraaor underthe Contraa;and 4.Performstheguaranteeofall work andmaterialsfurnishedunderthe contract forthetime specified in the contract,thenthis obligation shall bevoid;otherwise,it shall remainin full force and effea Any actioninstitutedbya claimant underthisbondfor payment mustbein accordance withthenotice andtime limitation provisions inSeaion 255.05(2),Florida Statutes. TheSuretyhereby waives noticeofandagreesthatany changes inorundertheContract Documentsand compliance or noncompliance with any formalities conneaed withthe Contraa shall not affea theSurety'sobligationunderthisBond. IN WITNESS WHEREOF,theabovebondedparties have executedthisinstrumentundertheir several seals onthis dayof ,20 ,the name and thecorporateseal of each corporateparty being hereto affixed andthesepresents being duly signed byits undersigned representative. IN PRESENCE OF: (Individual,President,Managing MemberorGeneralPartner,etc.) (Business Address) (City/State/Zip) (Business Telephone) OR (Corporate Name) ATTEST: (President) Secretary (Business Address) Page 18 of50 Thomas F.Pepe 9-10-14 IN THE PRESENCE OF: STATE OF FLORIDA COUNTY OF MIAMI-DADE On this,the (City/State/Zip) (Business Telephone) INSURANCE COMPANY: BY:(SEAL) (Agentand Attorney-in-fact Signature) (Business Address) (City/State/Zip (Business Telephone) .day of_ Florida,theforegoingpaymentbondwasacknowledgedby .(Title),of_ _,20 ,before me,the undersignednotarypublicoftheStateof _(Corporate Officer), .(Name of Corporation),a .(Stateof Incorporation)corporation,onbehalfofthecorporation. WITNESS myhandandofficialseal. NOTARY PUBLIC: SEAL OF OFFICE: Personally known to me,or Personal identification: Type of Identification Produced Did take an oath,or Did Not take an oath. *Power ofAttorneymustbe attached. Thomas F.Pepe 9-10-14 Notary Public,State of Florida (NameofNotary Public:PrintStamp orTypeascommissioned.) END OF SECTION Page 19 of 50 RESPONDENT QUALIFICATION STATEMENT The response to this questionnaire shall be utilized as part ofthe CITY'S overall Proposal Evaluation and RESPONDENT seleaion. I.Number of similar construaion projects completed, a)In thepast5years Inthepast5yearsOnSchedule b)In thepast 10 years In the past 10 yearsOnSchedule 2.List the last three (3)completed similar projects. a)Projea Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contraa Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b)ProjectName: Owner Name: Owner Address: Page20 of 50 Thomas F.Pepe 9-10-14 Owner Telephone: Original Contraa Completion Time (Days): Original Contraa Completion Date: Actual Final Contraa Completion Date: Original Contraa Price- Actual Final Contract Price c)Projea Name: Thomas F.Pepe 9-10-14 Owner Name: Owner Address: Owner Telephone: Original Contraa CompletionTime (Days): Original Contraa Completion Date: Actual Final ContractCompletion Date: Original Contract Price: Actual Final Contract Price: Page 21 of 50 3.Current workload Project Name Owner Name Telephone Number Contract Price 4.The following informationshallbeattachedtotheproposal. a)RESPONDENT'S home officeorganizationchart. b)RESPONDENTS proposed projea organizationalchart. c)Resumesof proposed key project personnel,including on-site Superintendent. 5.Listand describe any: a)Bankruptcypetitions filed byoragainsttheRespondentorany predecessor organizations, b)Any arbitration or civil or criminalproceedings,or Suspension ofcontractsordebarringfrom Bidding or Responding byany public agency brought c)against the Respondent in the lastfive(5)years 6.Government References: List other Government Agencies or Quasi-government Agenciesforwhichyouhavedonebusinesswithin the past five(5)years. Name of Agency: Thomas F.Pepe 9-10-14 Page22of50 Address: Telephone No.: Contaa Person: Type of Project: Name of Agency: Address: Telephone No.: Contaa Person: Type of Projea: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Thomas F.Pepe 9-10-14 Page23 of 50 NON COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) COUNTYOF MIAMI-DADE ) (I)He/She/They is/are the. .being first dulysworn,deposesandstatesthat: (Owner,Partner,Officer,Representative or Agent)of .«_the Respondent that has submitted the attachedProposal; (2)He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3)Such Proposal is genuine and isnota collusive or sham Proposal; (4)Neither the said Respondent nor any of its officers,partners,owners,agents,representatives, employeesor parties ininterest,including this affiant,haveinanyway colluded,conspired,connived or agreed,direalyorindirealy,withanyother Respondent,firm,orpersontosubmita collusive or sham Proposal inconneaionwiththe Work forwhichthe attached Proposal has been submitted;or to refrain from Bidding or proposing in connection with such Work;or have in any manner,direaly or indirectly,soughtbyagreementor collusion,or communication,orconferencewithany Respondent,firm,orpersontofixany overhead,profit,orcostelementsofthe Proposal orofany other Respondent,ortofixanyoverhead,profit,orcostelementsofthe Proposal Price orthe Proposal Price ofany other Respondent,ortosecurethroughany collusion,conspiracy,connivance, or unlawful agreementany advantage against (Recipient),oranypersoninterestedintheproposed Work; (5)Thepriceorpricesquotedintheattached Proposal are fair andproperandarenottaintedbyany collusion,conspiracy,connivance,orunlawful agreement on the part of the Respondent orany other of itsagents,representatives,owners,employees or parties of interest,includingthisaffiant. Signed,sealedand delivered in the presence of: :By: Witness Signature Witness Print Name and Title Date Page24 of 50 Thomas F.Pepe 9-10-14 STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the ACKNOWLEDGEMENT _.20__,beforeme,theundersignedNotary Public of the State.day of_ of Florida,personally appeared(Name(s)of individual(s)who appeared before notary)and whose name(s)is/are Subscribed tothe within instrument,and he/she/they acknowledge that he/she/they executed it. WITNESS myhandandofficial seal. NOTARY PUBLIC: SEAL OF OFFICE: Thomas F.Pepe 9-10-14 Notary Public,State of Florida (Name of Notary Public:Print,Stamp or typeas commissioned.) Personally known to me,or Personal identification: Type of Identification Produced Did take an oath,or Did Not take an oath. Page25 of 50 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2)(a)of Seaion 287.133,Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviaion for a public entity crime may not submit a Proposal or bid on a Contraa to provide any goods or services toa public entity,may not submit a Bid or proposal for a Contraa with a public entity for the construction of repair ofa public building or public work,may not submit bids or proposals on leases or real property toa public entity,may notbe awarded to perform Work as a RESPONDENT,Sub-contraaor,supplier,Sub-consultant,or Consultant under a Contraa with any public entity,and may not transact business with any public entity in excess ofthe threshold amount Category Twoof Seaion 287.017,Florida Statutes,for thirty six (36)months from the date of being placed onthe convicted vendor list". The award of any contraa hereunder is subjea tothe provisions of Chapter 112,Florida State Statutes. Respondents must disclose with their Proposals,the name of any officer,direaor,partner,associate or agent who isalsoan officer oremployeeoftheCityofSouth Miami orits agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a). FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THIS FORMMUSTBE SIGNED AND SWORN TO IN THE PRESENCEOFA NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I.This sworn statement is submitted to [printnameof the publicentity] by. for [printindividual's name andtitle] [printname of entity submitting sworn statement] whose business address is and(if applicable)its Federal Employer Identification Number (FEIN)is (Ifthe entityhasno FEIN,includethe Social SecurityNumberofthe individual signing thisswornstatement: .) 2.I understandthata"publicentitycrime"asdefinedin Paragraph 287.133 (l)(g),Florida Statutes. meansaviolationofanystateor federal lawbyapersonwith respea toand direaly relatedtothe transaction ofbusinesswithany public entityorwithan agency or political subdivision of anyotherstate oroftheUnitedStates,including,butnot limited to,anybid,proposal or contraa forgoodsor services tobeprovidedtoany public entityoran agency or political subdivision ofany other stateorofthe UnitedStatesand involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted"or "conviaion"asdefinedin Paragraph 287.133(I)(b),Florida Statutes,meansa finding ofguiltoraconvictionofa public entitycrime,withorwithoutan adjudication of guilt,inany federal orstate trial courtofrecord relating to charges broughtbyindictmentor information after July I,1989,asaresultofajuryverdict,non-jury trial,orentryofa plea of guilty or nolo contendere. 4.I understandthatan "affiliate"asdefinedin Paragraph 287.133 (I)(a),Florida Statutes,means: (a)A predecessor orsuccessorofaperson conviaed ofa public entitycrime;or (b)Anentityunderthecontrolofany natural personwhoisactiveinthemanagementoftheentity andwhohasbeen conviaed ofa public entitycrime.Theterm "affiliate"includes those officers, Page26 of 50 Thomas F.Pepe 9-10-14 directors,executives,partners,shareholders,employees,members,andagentswhoareaaivein the management ofan affiliate.Theownershipbyonepersonof shares constituting a controlling interestinanyperson,ora pooling ofequipmentorincomeamongpersonswhennotfor fair market valueunderanarm'slengthagreement,shall beaprima facie casethatoneperson controlsanotherperson.Apersonwho knowingly entersintoajointventurewithaperson whohasbeenconvictedofa public entitycrimein Florida during the preceding 36months shall be considered an affiliate. 5.I understandthata"person"asdefinedin Paragraph 287.133 (I)(e),Florida Statutes,meansany natural personorentityorganizedunderthelawsofanystateoroftheUnitedStateswiththe legal power to enter intoabindingcontractandwhichbidsorproposalorappliestobidorproposalon contracts for the provisionofgoodsorservicesletbyapublicentity,or which otherwise transacts or appliestotransactbusinesswithapublicentity.The term "person"includes those officers,directors, executives,partners,shareholders,employees,members,andagents who are aaive in management of an entity. 6.Based on information and belief,the statement which I have marked below is true in relation to the entity submittingthisswornstatement.[Indicate which statement applies.] Neither the entitysubmittingthisswornstatement,noranyofitsofficers,directors,executives, partners,shareholders,employees,members,oragentswhoareaaiveinthe management oftheentity, norany affiliate oftheentityhasbeen charged withandconviaedofa public entitycrime subsequent to July I,1989. .The entity submitting thissworn statement,oroneor more of itsofficers,directors,executives, partners,shareholders,employees,members,or agents whoareaaiveinthe management ofthe entity, oran affiliate oftheentity has been charged with and convicted ofa public entity crime subsequent to July I,1989. .Theentity submitting thissworn statement,oroneormoreofits officers,directors,executives, partners,shareholders,employees,members,or agents who are active in the management ofthe entity, or an affiliate ofthe entity has been charged with and convicted ofa public entity crime subsequent of July I,1989.However,there has been a subsequent proceeding before a Hearing Officer ofthe State of Florida,Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list,[attach acopyofthe final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY,ANDTHAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES.FOR CATEGORY TWO OF ANY CHANGE INTHE INFORMATION CONTAINED INTHISFORM. [Signature] Sworn to and subscribed before me this day of ,20 Personally known OR Produced identification Notary Public -State of My commission expires (Type of identification)(Printed,typed or stamped commissioned Form PUR 7068 (Rev.06/1 I/92)name of notary public) Page27 of 50 Thomas F.Pepe 9-10-14 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respea to price,quality and service are received by the State or by any political subdivisions for the procurement ofcommodities or contractual services,a Bid or Proposal received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process.Established procedures for processing tie Bids or Proposals shall be followed if none ofthe tied vendors have adrug-free workplace program.In order to have adrug-free workplace program,a business shall: 1)Publish a statement notifying employees that the unlawful manufaaure,distribution,dispensing, possession,or use ofa controlled substance is prohibited in the workplace and specifying the actions that shall betaken against employees for violations of such prohibition. 2)Inform employees about the dangers of drug abuse in the workplace,the business'policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3)Give each employee engaged in providing the commodities or contractual services thatare under Bid acopyofthestatement specified in Subsection (I). 4)In the statement specified in Subsection (I),notify the employees,that,as a condition of working ofthe commodities or contraaual services that are under Bid,he employee shall abide bythe termsofthestatement and shall notify the employee ofany conviaion of,or plea of guilty or nolo contendere to,any violation ofChapter893orofany controlled substance lawofthe United States or any state,fora violation occurring inthe workplace no later than five (5)business days after such conviction. 5)Impose asanaionon,or require the satisfaaory participation ina drug abuse assistance or rehabilitation program,ifsuchis available inthe employee's community,byanyemployeewhois so conviaed. 6)Makeagood faith efforttocontinueto maintain adrug-freeworkplacethroughimplementation of this seaion. Asthepersonauthorizedtosignthestatement,I certifythatthis firm complies fully withtheaboverequirements. RESPONDENTS Signature:. PrintName: Date: Page28 of 50 Thomas F.Pepe 9-10-14 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We,,(NameofCONTRACTOR),herebyacknowledgeandagreethatas CONTRACTOR for the Downtown Business District LED Lighting Projea asspecifiedhave the sole responsibility forcompliancewithalltherequirementsofthe Federal OccupationalSafetyandHealthActof 1970, andallStateandlocalsafetyandhealthregulations,andagreetoindemnifyandholdharmlessthe City of South Miami and UfH (Consultant)against any and all liability,claims,damages,losses and expenses they may incur due to the failureof (Sub-contraaor's names): tocomplywithsuch aa or regulation. CONTRACTOR Witness BY: Name Title Page29of 50 Thomas F.Pepe 9-10-14 LISTOFPROPOSED SUBCONTRACTORS AND PRINCIPALSUPPLIERS BIDDER shall list all Proposed Subcontractors to be used on this projea ifthey are awarded the Contract Classification of Work Subcontractor Name Address Telephone,Fax & Email Landscape Soddingand Turf Work Electrical Irrigation Paving Park Amenities Graphics Utilities Excavation Building Struaures Plumbing Painting Testing Laboratory SoilFumigator Signs Other: Thislist shall beprovidedtotheCityofSouth Miami bytheapparentlowestresponsiveandresponsibleBidder withinfive(5)businessdaysafter Bid Opening. Thomas F.Pepe 9-10-14 Page30 of 50 RELATED PARTY TRANSACTION VERIFICATION FORM I •individually andonbehalfof _ ("Firm")have Nameof Representative Company/Vendor/Entity readtheCityofSouth Miami ("City")'s Code of Ethics, Section8A-I of the City's Code of Ordinancesand I hereby certify,underpenaltyofperjurythat to the best ofmy knowledge,information andbelief: (1)neither I nor the Firmhaveany conflia of interest (asdefinedin seaion 8A-1)with regard to the contract or businessthat I,and/or the Firm,am(are)about to performfor,or to transactwith,the City,and (2)neither I nor any employees,officers,directorsof the Firm,noranyone who hasa financial interest greater than5%in the Firm,hasanyrelative(s),asdefinedin seaion 8A-1,whoisan employee of the Cityorwho is(are) anappointedor eleaed official of the City,or who is(are)a member of anypublicbodycreatedbytheCity Commission,i.e.,aboardor committee oftheCity,[while theethicscode still applies,ifthepersonexecutingthis formisdoingsoonbehalfofa firm whosestockis publicly traded,thestatementinthissection(2)shall be based solelyonthe signatory's personal knowledgeand he/she isnotrequiredtomakeanindependent investigation asto the relationship ofemployeesorthosewhohavea financial interestinthe Firm.];and (3)neither I northe Firm,noranyonewho has a financial interestgreaterthan 5%inthe Firm,noranymemberof those persons*immediate family (i.e.,spouse,parents,children,brothersandsisters)has transaaedorentered into any contraa(s)withtheCityor has a financial interest,directorindirea,in any business being transaaed withthecity,orwithanypersonor agency aaingforthecity,otherthanas follows: _(use (ifnecessary,usea separate sheet to supply additional information that will not fit on this line;however,you must make reference,onthe above line,tothe additional sheet and the additionalsheet mustbe signed under oath),[while the ethics code still applies,ifthe person executing this form is doing soon behalf ofa firm whose stock is publicly traded,the statement in this section (3)shall be based solely onthe signatory's personal knowledge and he/she is not required to make an independent investigation as tothe relationship of those who havea financial interestinthe Firm.];and (4)no elected and/or appointed official or employee ofthe City of South Miami,or any of their immediate family members (i.e.,spouse,parents,children,brothers and sisters)has a financial interest,direaly or indirealy,in the contraa between you and/or your Firm and the City other than the following individuals whose interest is set forth following their usea separate names: (if necessary,use a separate sheet to supply additional information that will not fit on this line;however,you must make reference,on the above line,to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all eleaed and/or appointed city officials or board members,who own,direaly or indirectly,an interest of five percent (5%)or more ofthe total assets of capital stock in the firm are as follows: (if necessary,use a separate sheet to supply additional information that will not fit on this line;however,you must make reference,on the above line,to the additional sheet and the additional sheet must be signed under oath), [while the ethics code still applies,ifthe person executing this form is doing so on behalf ofa firm whose stock is publicly traded,the statement in this section (4)shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm ofcity employees,appointed officials orthe immediate family members ofelected and/or appointed official or employee.] (5)Iand the Firm further agree not to use or attempt to use any knowledge,property or resource which may cometous through our position oftrust,or through our performance ofour duties under thetermsofthe contraa with the City,to secure a special privilege,benefit,or exemption for ourselves,or others.We agree that we may not disclose or use information,not available to members of the general public,for our personal gain or benefit or for the personal gain or benefit ofany other person or business entity,outside ofthe normal gain or benefit anticipated throughthe performance ofthe contract. (6)Iand the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City,and that we have not appeared in representation of any third party Page 31 of 50 Thomas F.Pepe 9-10-14 before any board,commission or agency ofthe City within the past two years other than as follows:/jf necessary,usea separate sheetto supply additional information thatwill not fit on this line;however,you must make reference,on the above line,to the additional sheet and the additional sheet must be signed under oath). XAPurchasingWendor Registration 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7)Neither I nor any employees,officers,or directors of the Firm,nor any of their immediate family (i.e.,as a spouse,son,daughter,parent,brother or sister)is related by blood or marriage to:(i)any member ofthe City Commission;(ii)any city employee;or (iii)any member of any board or agency ofthe City other than as follows: :.(if necessary,usea separate sheetto supply additional information that will not fit onthis line;however,youmustmake reference,onthe above line,tothe additional sheet and the additional sheet must be signed under oath),[while the ethics code still applies,ifthe person executing this form is doing soon behalf ofa firm whose stock is publicly traded,the statement in this section (7) shall be based solely onthe signatory's personal knowledge and he/she isnot required to make an independent investigation astothe relationship by blood or marriage of employees,officers,ordireaorsofthe Firm,orofany oftheir immediate family to any appointed or elected officials ofthe City,or totheir immediate family members]. (8)NoOther Firm,nor any officers or direaors ofthat Other Firm or anyone who has a financial interest greater than 5%inthatOther Firm,nor any member ofthose persons'immediate family (i.e.,spouse,parents,children, brothers and sisters)nor any ofmy immediate family members (hereinafter referred to as "Related Parties")has respondedtoa solicitation bytheCityinwhich I orthe Firm that I representoranyonewhohasa financial interestgreaterthan 5%inthe Firm,oranymemberofthose persons'immediate family (i.e.spouse,parents, children,brothersandsisters)havealsoresponded,otherthanthe following: ___of necessary,useaseparate sheet to supply additional informationthatwillnotfitonthis line;however,youmust makereference,ontheaboveline,to the additional sheetandthe additional sheetmustbe signed under oath), [whiletheethicscodestill applies,ifthepersonexecutingthisformisdoingsoonbehalfofafirmwhose stock is publiclytraded,the statement inthissection(8)shall bebasedsolelyon the signatory'spersonalknowledgeand he/sheis not required to makean independent investigationintothe Other Firm,ortheFirm he/she represents,as to their officers,direaors or anyone havinga financial interest in those Firms or any of their any member of those persons*immediate family.] (9)I andthe Firm agree that we areobligated to supplement thisVerificationFormandinformtheCity of any changeincircumstancesthatwouldchangeouranswerstothisdocument.Specifically,after the openingofany responsestoa solicitation,I andthe Firm havean obligation tosupplementthis Verification Formwiththenameof all RelatedParties who havealso responded to the samesolicitationand to disclose the relationshipof those parties to me and the Firm. (10)AviolationoftheCity'sEthicsCode,the giving of any false informationor the failure to supplement this VerificationForm,maysubjectmeortheFirm to immediatetermination of any agreement withtheCity,andthe impositionofthemaximumfineand/orany penalties allowedby law.Additionally,violationsmaybeconsideredby and subjea toactionbythe Miami-Dade CountyCommissionon Ethics.Underpenaltyofperjury,I declarethat I havemadeadiligent effort to investigate the matters to which I amattestinghereinaboveandthatthe statements made hereinabove are true and correct to the best of myknowledge,informationandbelief. Signature: Print Name &Title:. Date: ATTACHED: Sec.8A-I -Conflict of interest and code of ethics ordinance. Municode Page I0f4 Page32of50 Thomas F.Pepe 9-10-14 Sec.8A-1.-Conflict of interest and code of ethics ordinance. (a)Designation. This seaion shall bedesignatedandknownasthe"CityofSouth Miami ConflictofInterestandCodeof Ethics Ordinance."This seaion shallbeapplicable to all citypersonnelasdefinedbelow,andshallalso constitute a standard of ethical conduct and behavior forall autonomous personnel,quasi-judicial personnel,advisory personnelanddepartmentalpersonnel.Theprovisionsofthissectionshallbeappliedinacumulativemanner.By wayof example,and not asalimitation,subsections (c)and(d)maybeappliedtothesame contraa ortransaction. (b)Definitions.For the purposesofthis seaion the followingdefinitions shall be effeaive: (1)The term "commission members"shallrefer to the mayorand the members of the city commission. (2)The term "autonomous personnel"shall refer to the members of autonomous authorities,boardsandagencies, suchas the city community redevelopment agencyandthehealth facilities authority. (3)The term "quasi-judicial personnel"shallrefer to the members of the planningboard,the environmentalreview and preservation board,the code enforcement boardandsuch other individuals,boardsand agencies of the cityas perform quasi-judicial functions. (4)The term "advisorypersonnel"shallreferto the members of those cityadvisoryboardsandagencies whose sole or primary responsibility is to recommend legislation or giveadvice to the city commission. (5)The term "departmentalpersonnel"shallreferto the cityclerk,the citymanager,department heads,the city attorney,andallassistantsto the cityclerk,citymanagerandcityattorney,however titled. (6)The term "employees"shall refer to all other personnel employed by the city. (7)The term "compensation"shallrefer to anymoney,gift,favor,thing of valueor financial benefitconferred,or to be conferred,in return for services rendered or to be rendered. (8)Theterm"controlling financial interest"shall refertoownership,direalyorindirealy,oftenpercentormore oftheoutstanding capital stock inanycorporationora direa or indirea interestoftenpercentormoreina firm, partnership,or other businessentityatthetimeoftransaaingbusinesswiththecity. (9)Theterm "immediate family"shall refertothespouse,parents,children,brothersandsistersoftheperson involved. (10)Theterm "transact any business"shall refertothe purchase or sale bythecityof specific goodsor services for consideration and to submitting a bid,a proposal in response toa RFP,astatementof qualifications in response toarequestbythecity,orenteringintocontract negotiations forthe provision onany goods or services,whichever first occurs. (c)Prohibitionon transacting businesswiththecity. No person included intheterms defined in paragraphs (b)(1)through (6)and in paragraph (b)(9)shall enterinto anycontractortransactanybusinessinwhichthatpersonoramemberoftheimmediate family has a financial interest,director indirect withthecityorany person or agency acting forthe city,and any such contract, agreement or business engagement entered inviolation of this subsection shall render the transaaion voidable. Willfulviolation of this subsection shall constitute malfeasanceinofficeandshallaffect forfeiture of officeor position.Nothinginthissubseaion shall prohibit ormake illegal: (1)The payment of taxes,special assessments or fees for services provided bythe city government; (2)The purchase of bonds,anticipation notes orother securities that may be issued bythe city through underwriters ordirectlyfrom time to time. Waiver of prohibition.The requirements of this subsection may be waived for a particular transaction only by four affirmative votesofthecity commission after public hearing upon finding that: (1)An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3)and(4); (2)The proposal has been submitted bya person or firm offering services within the scope ofthe practice of architeaure,professional engineering,or registered land surveying,as defined bythe laws ofthestate and pursuant tothe provisions ofthe Consultants'Competitive Negotiation Act,and whenthe proposal has been submitted byacity person defined in paragraphs (b)(2),(3)and (4); (3)The property or services tobe involved in the proposed transaction are unique and the city cannot avail itself ofsuchpropertyor services without entering a transaction which would violate this subsection butfor waiver of its requirements;and (4)Thatthe proposed transaction will beinthebest interest ofthe city. This subsection shall be applicable only to prospective transactions,and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative.This subsection shall be taken tobe cumulative and shall notbe construed to amend or repeal any other law pertaining tothesamesubjectmatter. Page33 of 50 Thomas F.Pepe 9-10-14 (d)Further prohibition on transacting business withthecity. No person included in the terms defined in paragraphs (b)(1)through (6)and in paragraph (b)(9)shall enter into any contract or transact any business through a firm,corporation,partnership or business entity in which that person or any member ofthe immediate family has a controlling financial interest,direaor indirect,with the city or any person or agency aaingforthe city,andany such contraa,agreement or business engagement entered in violation ofthis subsection shall render the transaaion voidable.The remaining provisions ofsubsection (c)will also be applicable to this subseaion as though incorporated by recitation. Additionally,no person included in the term defined in paragraph (b)(1)shall vote on or participate in any way in any matter presented tothe city commission ifthat person has any ofthe following relationships with any ofthe persons or entities which would beor might bedirealyor indirealy affeaed by any aaionofthe city commission: (I)Officer,direaor,partner,of counsel,consultant,employee,fiduciary or beneficiary;or (2)Stockholder,bondholder,debtor,orcreditor,ifinanyinstance the transaction ormatter would affeathe person defined in paragraph (b)(1)in a manner distina from the manner in which it would affeathe public generally.Any person included in the term defined in paragraph (b)(I)who has any ofthe specified relationships orwho would or might,direalyor indirealy,realize a profit bythe action ofthe city commission shall notvoteon or participate inanywayin the matter. (E)Gifts. (l)Definhion.Theterm "gift"shall refertothetransferof anything of economic value,whetherintheformof money,service,loan,travel,entertainment,hospitality,itemor promise,orinanyother form,without adequate andlawful consideration. (2)Exceptions.The provisions of paragraph (e)(1)shall not apply to: a.Political contributions specifically authorizedbystate law; b.Gifts from relatives or members ofone's household,unless the person isa conduit on behalf ofa third party to the delivery ofagiftthatisprohibitedunder paragraph(3); c.Awards for professional or civic achievement; d.Material such as books,reports,periodicals or pamphlets which are solely informational orofan advertising nature. (3)Prohibitions.Aperson described in paragraphs (b)(1)through (6)shall neither solicit nor demand any gift.Itis also unlawful foranyperson or entitytooffer,give or agreeto give toanypersonincludedintheterms defined in paragraphs (b)(1)through(6),or foranyperson included inthetermsdefinedinparagraphs (b)(1)through(6)to accept or agree to accept from another person or entity,anygiftfor or because of: a.An official public actiontaken,ortobetaken,orwhichcouldbetaken,oran omission or failure totakea public action; b.A legal dutyperformed or tobeperformed,orwhichcouldbeperformed,oranomissionor failure toperform alegalduty; c.Alegaldutyviolated or tobeviolated,or whichcouldbeviolatedbyany person includedin the term definedin paragraph (b)(1);or d.Attendance or absence fromapublicmeetingatwhich official aaion is to betaken. (4)Disclosure.Any person includedin the term definedinparagraphs (b)(1)through(6)shalldiscloseany gift,or series ofgiftsfromanyone person or entity,havingavalueinexcessof$25.00.The disclosure shallbemadeby filing acopyofthedisclosureform required by chapter 112,FloridaStatutes,for"local officers"with the cityclerk simultaneously with the filing of the formwith the clerkof the county andwith the Florida Secretary of State. (f)Compulsory disclosure by employees of firmsdoingbusinesswith the city. Shouldany person includedin the terms definedinparagraphs (b)(1)through (6)beemployedbya corporation, firm,partnership or business entity inwhich that person or the immediatefamily does not havea controlling financial interest,andshould the corporation,firm,partnership or businessentityhavesubstantialbusiness commitments to or from the city or anycityagency,or be subjea to direa regulationby the city or acityagency, then the person shallfilea sworn statement disclosingsuch employment and interest withtheclerkof the city. (g)Exploitation of official position prohibited. No person includedin the terms definedin paragraphs (b )(I)through (6)shall corruptly use or attempt to usean official position to secure specialprivileges or exemptions for that person or others. (h)Prohibition onuse of confidential information. No person includedin the terms definedinparagraphs (b)(1)through(6)shallacceptemployment or engagein anybusiness or professional aaivity whichonemight reasonably expect would require or induce one todiscloseconfidentialinformationacquiredby reason ofan official position,nor shall that person infact ever discloseconfidential information garnered or gained through an Page 34 of 50 Thomas F.Pepe 9-10-14 official positionwiththecity,nor shallthatpersoneverusesuchinformation,directly or indirealy,forpersonal gain or benefit. (i)Conflicting employment prohibited. No person includedin the terms definedinparagraphs(b)(I)through(6)shall accept other employmentwhich wouldimpair independence ofjudgmentintheperformanceofanypublicduties. (j)Prohibition on outside employment. (1)Nopersonincludedin the terms definedinparagraphs(b)(6)shallreceiveanycompensationforservicesasan officer or employeeof the cityfromany source other thanthecity,except asmaybe permitted asfollows: a.Generally prohibited.Nofull-timecityemployeeshallaccept outside employment,either incidental,occasional or otherwise,where citytime,equipment or materialis to beused or where such employment or any part thereof is to be performed oncitytime. b.When permitted.Afull-timecity employee may accept incidental or occasional outside employment solongas such employment is not contrary,detrimental or adverse to the interest of the city or anyofits departments and the approval required in subparagraph c.is obtained. c.Approvalof department head required.Any outside employment byanyfull-timecity employee mustfirstbe approved in writing by the employee's department head who shallmaintaina complete record ofsuch employment. d.Penalty.Any person conviaed ofviolatinganyprovisionofthis subseaion shallbepunishedasprovidedin section I-11 of the Code ofMiami-Dade County and,inadditionshallbe subjea todismissalbytheappointing authority.Thecitymay also assessagainsta violator afine not to exceed $500.00 and the costs ofinvestigation incurred by the city. (2)Allfull-timecity employees engagedinany outside employment forany person,firm,corporation or entity other than the city,or anyofitsagencies or instrumentalities,shall file,under oath,anannual report indicatingthe source of the outside employment,the nature ofthe work beingdoneandany amount ofmoney or other consideration received by the employeefrom the outsideemployment.City employee reports shallbe filed with thecityclerk.The reports shallbe available atareasonabletimeandplacefor inspeaion bythe public.Thecity managermay require monthly reports from individual employeesorgroupsofemployeesforgood cause.. (k)Prohibited investments. Noperson included intheterms defined in paragraphs (b)(1)through(6)oramemberofthe immediate family shall havepersonalinvestmentsinanyenterprise which will createa substantial conflict betweenprivateinterests and the public interest. (I)Certain appearances and payment prohibited. (1)Noperson included intheterms defined in paragraphs (b)(1),(5)and(6)shall appearbeforeany city boardor agencyandmakeapresentationonbehalfofathirdpersonwithrespecttoanymatter,license,contract, certificate,ruling,decision,opinion,rate schedule,franchise,orother benefit soughtbythethird person.Nor shall theperson receive any compensation or gift,direalyor indirealy,for services renderedtoathird person,who has applied fororis seeking some benefit from the city oracityagency,inconneaionwiththe particular benefit soughtbythethirdperson.Nor shall thepersonappearinanycourtorbeforeany administrative tribunal as counselor legal advisor toapartywho seeks legal relief from the city oracity agency through thesuitin question. (2)No person included intheterms defined in paragraphs (b)(2),(3)and (4)shall appear before the city commission or agencyonwhichthepersonserves,either direaly orthroughanassociate,andmakea presentation on behalf ofathird person with respeato any matter,license,contract,certificate,ruling,decision, opinion,rate schedule,franchise,orother benefit sought bythe third person.Nor shall such person receive any compensation or gift,directly or indirectly,for services rendered toa third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought bythethird party.Nor shall the person appear in any courtor before any administrative tribunal as counselor legal advisor toa third party who seeks legal relief from the city commission or agency on which such person serves through the suitin question. (m)Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b)(I)through (6)shall participate in any official action directly or indirectly affecting a business in which that person or any member ofthe immediate family has a financial interest.A financial interest is defined in this subsection to include,butnotbe limited to,any direct or indirect interest inanyinvestment,equity,ordebt. (n)Acquiring financial interests. No person included in theterms defined in paragraphs (b)(1)through (6)shall acquire a financial interestina project,business entityorpropertyatatimewhentheperson believes orhasreasonto believe thatthe financial Page35of50 Thomas F.Pepe 9-10-14 interest may be direaly affected by official actions or by official actions by the city or city agency of which the personisan official,officeroremployee. (0)Recommending professional services. No person included in the terms defined in paragraphs (b)(1)through (4)may recommend the services ofany lawyer or law firm,architea or architectural firm,public relations firm,or any other person or firm,professional or otherwise,to assist in any transaction involving the city or any ofits agencies,provided thata recommendation may properlybemadewhenrequiredtobemadebythedutiesof office and in advance ata public meeting attended by other city officials,officers or employees. (p)Continuing applicationaftercityservice. (1)No person included in the terms defined in paragraphs (b)(1),(5)and (6)shall,for a period oftwo years after his orher city service or employment has ceased,lobby any city official [as defined in paragraphs (b)(1)through (6)]in connection with any judicial or other proceeding,application,RFP,RFQ,bid,request for ruling orother determination,contraa,claim,controversy,charge,accusation,arrest or other particular subjea matterin which thecityoroneofits agencies isapartyor has any interest whatever,whether direa or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application toa city department or agency during the two-year period after his orher service has ceased. (2)The provisions ofthe subseaion shall not apply to persons who become employed by governmental entities, 501(c)(3)non-profit entities or educational institutions or entities,and who lobby on behalf of those entities in their official capacities. (3)The provisions of this subseaion shall apply to all persons described in paragraph (p)(l)whose city service or employment ceased after the effeaive date of the ordinance fromwhichthis section derives. (4)No person described in paragraph (p)(I)whose city service or employment ceased within two years prior to the effeaive dateof this ordinance shall fora period oftwo years after his orher service or employment enter intoa lobbying contraato lobby any city official in conneaion with any subjea described in paragraph (p)(l)in whichthecityoroneofitsagenciesisapartyorhasany direa and substantial interest;andin which heorshe participated direalyor indirectly through decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,during his orher city service or employment.A person participated "direaly" whereheorshe was substantially involved inthe particular subject matter through decision,approval,disapproval, recommendation,the rendering of advice,investigation,or otherwise,during hisorhercity service or employment.Aperson participated "indirectly"whereheorshe knowingly participated inanywayinthe particular subjea matterthrough decision,approval,disapproval,recommendation,therenderingof advice,investigation,or otherwise,duringhisorhercityserviceoremployment.All personscoveredbythisparagraph shall executean affidavit onaformapprovedbythecityattorneypriorto lobbying anycity official attestingthatthe requirementsofthis subseaion donotprecludethepersonfrom lobbying city officials. (5)Any person who violates thissubseaion shall besubjeatothe penalties provided in section 8A-2(p). (q)City attorney torenderopinionsonrequest. Wheneveranyperson included intheterms defined in paragraphs (b)(1)through(6)and paragraph (b)(9)isin doubtastothe proper interpretation or application ofthisconfliaofinterestandcodeofethicsordinance,or wheneveranypersonwho renders servicestothecityisindoubtastothe applicability oftheordinancethat person,maysubmittothecity attorney a full written statement ofthefactsandquestions.Thecityattorney shall thenrenderanopiniontosuchpersonand shall publish theseopinionswithoutuseofthenameoftheperson advisedunless the person permits the use of aname. (Ord.No.6-99-1680,§2,3-2-99) Editor's note-Ord.No.6-99-1680,§I,adopted 3-2-99,repealed§§8A-Iand8A-2intheir entirety andreplaced them withnew§§ 8A-1 and8A-2.Former§§8A-1 and8A-2pertainedto declaration of policy and definitions,respectively,and derivedfromOrd.No.634,§§I (I A-1),I (IA-2)adoptedJan.II,1969. END OF SECTION Page 36 of 50 Thomas F.Pepe 9-10-14 NOTICE OF AWARD The Cityhas considered the Proposal submitted byyourfirmfor the Downtown Business District LED Lighting in response to its advertisement for Request forProposaland Instructions to Respondents. You are hereby notified that your Proposal hasbeen accepted for the Downtown Business District LED Lighting Project in the lumpsum amount of$,broken down asfollows: Base Proposal: Alternate #I: Alternate #2: Alternate #3: Youare required bythe Instruaions to Respondents to execute the Contract Documents at the timeofsubmittal ofproposalandto furnish anyrequiredPerformance Bond,Payment Bond,andinsurancedocuments(see Proposal Submittal ChecklistForm)withinten (10)dayfromthedateofthisnoticetoyou. Ifyoufail to execute said Contraa and to furnishsaid bonds,insurance endorsements and certificate of insurance withinten (10)calendardaysfromthedateofthisnotice,the CITY shall beentitledto disqualify the Proposal, revoketheawardandretainthe Proposal/Bid Bond/Security.Please be advised thatifthecontractpriceexceeds $5,000.00 orifitisa multi-year contraa requiring paymentoutofmorethanoneyear's appropriation,theaward andthe contraa mustbeapprovedbytheCity Commission beforeitis binding onthe City. BY: (PrintName) CityManager or designee Datedthisdayof ,20 ACCEPTANCE OF NOTICE Receipt ofthe above Noticeof Award is hereby acknowledged by Onthisthedayof ,20. BY: TITLE: You are required to return an acknowledged copy of this Notice ofAward tothe City Manager. END OF SECTION Page 37 of 50 Thomas F.Pepe 9-10-14 CONTRACT Downtown Business District LED Lighting THIS CONTRACT,entered intothisdayof ,20,bythe CITY OF SOUTH MIAMI through its City Manager,bothofwhichshallbe hereinafter referred to asthe "CITY"where applicable;and ;with an office and principal placeofbusinesslocatedat ,(hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS,the C|TY is \r\need of ;and WHEREAS,the CITY desirestoretainthe CONTRACTOR toprovidetherequiredgood and/or services based onthe CONTRACTOR'S representations thatitis qualified and capable of providing saidgoods and/or servicesina professional andtimelymannerandinaccordance with the CITY's goalsand requirements;and WHEREAS,the CONTRACTOR has agreed toprovide the required goods and/or services in accordance with the terms and conditions set forth herein. NOW,THEREFORE,in consideration of the mutual covenants and agreements herein contained,the parties agree as follows: 1)Engagement of Contractor:Basedon the representations of the CONTRACTOR as set out in the following "checked"documents the CITY hereby retains the CONTRACTOR to provide the goods and/or services set forthinsaidproposal,quote or response tosolicitation, whichever isapplicable,asmodifiedby the ContractDocumentsdefinedbelow(allofwhichis hereinafter referred to as the Work"). (Checkthebox immediately preceding the document describedbelowtoindicate that such document ispartofthiscontract) d Contractor's response to the City's written solicitation;or •Contractor's proposal or quote. 2)Contract Documents:The Contract Documents shall include this Contract and the following "checked documents",aswellasany attachments or exhibits that are made a part of any of the "checked documents". (Check the box immediately preceding the document described belowto indicate that such document is part ofthis contract) •General Conditions to Contract, a Supplementary Conditions, a "Other Documents"referring to this contract and signed by the parties, d The solicitation documents ("hereinafter referred to as"Bid Documents"including any request forbid,request for proposal or similar request) •Scope of Services, d Contractor's response to the City's Bid Documents, a Contractor's proposal or quote, •City's Insurance Requirements, •City's Indemnification Requirements, •Payment Bond, •Performance Bond, Page 38 of50 Thomas F.Pepe 9-10-14 This Contract and the General Conditions to Contract,Supplementary Conditions,the Solicitation,ScopeofServicesand "other documents",ifanyare"checked documents",shall take precedent over the response tothe City's Bid Documents,theproposalorthequote,if any.The"checked documents"are attached hereto andmadeapart hereof byreference. 3)Date of Commencement:The CONTRACTOR shall commence the performance of the Work under this Contract ona date to be specified ina Notice to Proceed,or Purchase Order,(hereinafter referred to as the "Work Commencement Date"),and shall complete the performance hereunder within daysor the length of time set forth in the Contract Documents,whichever is the shorter period of time.Timeisof the essence. 4)Primary Contacts:The person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"),assistant Manager,or the Manager's designee,who shallbe designated ina writing signed by the Manager.The primary contact person for the CONTRACTOR shall be . 5)Scope of Services:The goods and/or services to be provided are as set forth in the "checked documents". 6)Compensation:The CONTRACTOR'S compensation for the performance of this contract (hereinafter referred to as the Contract Price)shall be as set forth in CONTRACTOR'S response to the City's written solicitation,ifany,or,if none,then as set out in CONTRACTOR'S proposal or quote,whichever is applicable,and as modified by the Contract Documents. 7)Hours of Work:In the event that this contract requires the performance of services, it \s presumed that the cost of performing the Work after regular working hours,andon Sunday and legal holidays is included in the Contract Price.However,nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed inwritingby the Manager,the Manager's assistant or designee. 8)Time Provisions:The term of this Contract shall commence on the Work Commencement Dateandshall continue for untilitexpireson , orunless earlier terminated accordingto the ContractDocuments.Notwithstanding the foregoing,thisContractmaybe extended byanadditionalperiodif the extensionisin writing and signed by the Manager.An extension of the term of this Contract is at the CITY's sole and absolute discretion. 9)Termination:This contract maybe terminated without causebythe City with30 daysofadvancedwrittennotice.This provision supersedes andtakesprecedenceoverany contrary provisions for termination contained in the Contract Documents. 10)ApplicableLawandVenue:Florida lawshallapplyto the interpretation and enforcementofthisContract.Venuefor all proceedings shall bein Miami-Dade County, Florida. 11)Insurance,Indemnification&Bonding:CONTRACTOR shallcomplywiththe insurance,indemnification and bonding requirements set forth in the Contract Documents. 12)Liquidated Damages:In theeventthatthe CONTRACTOR shall fail tocompletethe Workwithin the time limit set forthin the Contract Documents,or the extended timelimit agreedupon,in accordance withtheprocedureasmoreparticularlysetforthintheContract Documents,liquidateddamagesshallbepaidattherateof$dollarsperday until the Workis completed. 13)Jury Trial Waiver:Thepartieswaivetheirrighttojurytrial. Page 39 of 50 Thomas F.Pepe 9-10-14 14)Entire Agreement,Modification,and Non-waiver:The Contract Documents constitute the entire agreement ofthe parties and supersedes any prior agreements,written or oral.The Contract Documents may not be modified or amended except in writing,signed by both parties hereto.The Contract Documents,in general,and this paragraph,in particular,shall notbe modified oramendedbyanyactsor omissions ofthe parties.No failure to exercise and nodelayin exercising any right,poweror privilege shall operateasa waiver.No waiver ofthe Contract Documents,in whole or part,including the provisions of this paragraph,may be implied by any act or omission. 15)Public Records:CONTRACTOR and all of its subcontractors are required to comply withthe public recordslaw (s.119.0701)while providing goodsand/or Services onbehalfofthe CITY andthe CONTRACTOR,under such conditions,shall incorporate this paragraph in all ofits subcontracts for this Project. 16)IN WITNESS WHEREOF,theparties,haveexecutedthis Contract,onorbeforethe date first above written,with full knowledge ofitscontentand significance and intending tobe legally bound by the terms hereof. [Insert name of Contractor] ATTESTED: By: Maria M.Menendez,CMC City Clerk Read and Approved as to Form,Language, Legality and Execution thereof: By: Thomas F.Pepe,Esq. City Attorney By: (Print name and title above) CITY OF SOUTH MIAMI By:. Steven Alexander City Manager END OF SECTION Thomas F.Pepe 9-10-14 Page 40 of 50 NOTICE TO PROCEED Downtown Business District LED Lighting Project TO:DATE: PROJECT DESCRIPTION:Downtown Business District LED Lighting in accordance withPlansand specifications,ifany,asmaybe prepared inwhole or inpartbyCONSULTANT,referenced in the Supplementary Conditions and Contraa Documents. You are hereby notified to commence Work in accordance withthe Contract dated ,on or before .Youare to completetheworkwithin 30 Calendar Days.Thedateofcompletion of all Work is therefore 20 Cityof South Miami BY: (PrintName) CityManagerordesignee ACCEPTANCE OF NOTICE Receipt ofthe above NoticetoProceedisherebyacknowledged by onthisdayof ,20. BY: TITLE: END OF SECTION Page 41 of 50 Thomas F.Pepe 9-10-14 EXHIBIT #1 Scope of Services "Downtown Business District LED Lighting" The City is soliciting proposals from qualified Contractors to provide and install LED miniature lighting productsto illuminate anestimated 163 trees within thedowntown Business District and the specific areas identified in the Scope of Services.The estimate is nota firm commitment andisprovided for planning purposes only.It shall bethe responsibility ofthe Contractor to determine theexactnumberof trees thataretobe illuminated andthenumber of light sets required in the designated areas identified in the Scope of Services.It is the intention ofthe City to have the flexibility to illuminate thetrees in the designated areas onan annual basis and not just during traditional holiday periods.Light sets provided bythe Contractor shall provide a minimum of36 months of uninterrupted use. Contractor shall furnish all labor,materials and equipment necessary to secure completion of the work,including disposing of materials and equipment necessary and should be reflected in Contractor'sLumpSum Quote.Proposalsshallalso include: •Apriceperlightstrandasaseparatelineitemtoaccommodatefuture installations as needed. •Ascostestimateforthe removal ofthe light strands originally installed bythe Contractor forthis project oncethe36monthserviceperiodiscompleted. Note;The Contractor shall be responsible to remove and dispose of holiday lights installed in trees by the City in the downtown area;specifically,on Sunset Drive,SW 72nd Avenue from US I to Red Road, SW57thAvenue. Site Locations:(Trees in located in the Project Areas are not to be cut back, trimmed or removed without securing prior written approval from the City's Project Manager.) Please refer toCityof South Miami Downtown Map,Exhibit 3.Thespecificareastobe included are listed below: The following Streets shall be lighted;Estimate for Planning Purposes Sunset: FederalHighway to RedRoad:•62Branch Trees 8 Palm Trees SW 73rd Street: RedRoad to Federal Highway:54Branch Trees NOTE:There isno power available at the 15 trees between Dorn andFederalHwy Page 42 of 50 Thomas F.Pepe 9-10-14 SW 62 Avenue 13 Branch Trees SW 62Av to US I SW 57th Court: Sunset to SW 74th Street:10 Branch Trees SW 58th Ave: Sunset to SW 73rd Street:4LargeBranch Trees SW 58th Court: Sunset to SW 73rd Street 7 Branch Trees 4SmallRoyalPalm Trees Dorn Avenue Sunset to 73rd Street 14 LargeBranch Trees Project Duration: Theestimateto complete installationofthe project is 30 Calendar Days day'sfromissuance of Notice to Proceed. SPECIAL CONDITION:Hours of installation are at the discretion of the Contractor.However,no full road closures will be allowed.One travel lane must be open at all times. Products (Light Sets): Blachere Lighting light sets,oran approved equal.Light sets shall be designed to stay in the trees all year longwithminimal to no maintenance.All connections shallbe twist-lock water proof type.If thetree location doesnot have apower outlet,(as noted in scope)itdoesnot require lighting. Maintenance: Pricesquoted shall included ongoing maintenance fora minimum of 36 months fromdateof installation.Maintenance shall include,butnotbe limited to;restringing of light setsto accommodate tree growth,all light out issues (i.e.broken wire,faulty bulbs,etc),in case of vandalism,thelaborforreplacementofany light strand shall be included within the maintenance agreement. Existing power outlets will be the responsibility of and provided by the City,however lighting issues or "light outs"will bethe responsibility ofthe Contractor who must restore lighting within 48 hours of notice. Warranty: Standard manufacturers warranty information must be provided in writing for products being proposed;however light sets shall include awarrantyofnolessthan36 months,fromdateof Page43 of 50 Thomas F.Pepe 9-10-14 installation and continuous use.AH labor shall be warranted for a minimum of one-year,less normal tree growth,exclusive of GFI nuisance trips and vandalism. END OF SECTION Page 44 of 50 Thomas F.Pepe 9-10-14 EXHIBIT 2 Insurance Requirements 1.01 Insurance A.Without limiting its liability,thecontractor,consultantorconsultingfirm(hereinafterreferredtoas "FIRM"withregard to InsuranceandIndemnification requirements)shallberequiredtoprocureand maintainatits own expense during the life of the Contract,insuranceof the types andin the minimum amountsstatedbelowas will protect the FIRM,fromclaimswhichmayarise out oforresultfromthe contract or the performanceof the contract withtheCityofSouth Miami,whether suchclaimisagainst the FIRM orany sub-contractor,orbyanyonedirectlyorindirectly employed byany of them orby anyonefor whose actsany of them maybe liable. B.No insurance required by the CITY shallbeissued or written byasurpluslinescarrierunless authorized in writing by the CITY andsuch authorization shallbeat the CITY'S sole and absolute discretion.The FIRM shallpurchaseinsurancefromandshallmaintain the insurancewitha company orcompanies lawfully authorized to sellinsurancein the Stateof Florida,onforms approved bytheState of Florida,as will protect the FIRM,ataminimum,from all claimsas set forth below whichmayarise out of orresult from the FIRM'S operations under the Contract andforwhich the FIRM maybe legally liable,whether suchoperationsbeby the FIRM or bya Subcontractor orbyanyonedirectlyorindirectlyemployedby anyofthem,orbyanyonefor whose actsany of them maybe liable:(a)claimsunder workers' compensation,disability benefit and other similar employee benefit actswhichare applicable tothe Work tobeperformed;(b)claimsfordamagesbecauseofbodily injury,occupationalsicknessordisease,or deathofthe FIRM'S employees;(c)claims for damages becauseofbodily injury,sicknessor disease,or deathofanypersonotherthanthe FIRM's employees;(d)claims for damages insuredby usual personal injury liability coverage;(e)claimsfor damages,other thantothe Work itself,becauseofinjurytoor destructionof tangible property,including lossofuse resulting there from;(f)claims for damages because ofbodily injury,deathofapersonorproperty damage arising outofownership,maintenance oruseofa motor vehicle;(g)claims for bodily injury or property damage arising outofcompleted operations;and (h)claims involving contractual liability insurance applicable tothe FIRM'S obligations underthe Contract. 1.02 Firm's Insurance Generally.The FIRM shall provideand maintain inforceandeffectuntil all the Work to be performed underthisContract has been completed and accepted byCITY(orfor such duration asis otherwise specified hereinafter),the insurance coverage writtenon Florida approved formsandassetforth below: 1.03 Workers'Compensation Insurance atthe statutory amount as to all employees in compliance with the "Workers'Compensation Law"ofthe State of Florida including Chapter 440,Florida Statutes,as presently written or hereafter amended,and ail applicable federal laws.In addition,the policy (ies)must include:Employers'Liability atthe statutory coverage amount.The FIRM shall further insure that all ofits Subcontractors maintain appropriate levels of Worker's Compensation Insurance. I-04 Commercial Comprehensive General Liability insurance with broad formendorsement,aswellas automobile liability,completed operations and products liability,contractual liability,severability of interest with cross liability provision,and personal injury and property damage liability with limits of $1,000,000 combined single limitperoccurrenceand$2,000,000 aggregate,including: •PersonalInjury:$1,000,000; •Medical Insurance:$5,000perperson; •Property Damage:$500,000 each occurrence; •Automobile Liability:$1,000,000 each accident/occurrence. •Umbrella:$1,000,000 perclaim '.05 Umbrella Commercial Comprehensive General Liability insurance shall be written ona Florida approved form with the same coverage as the primary insurance policy but in the amount of$1,000,000 per claim and $2,000,000 Annual Aggregate.Coveragemustbe afforded onaformnomorerestrictivethanthelatesteditionof the Comprehensive General Liability policy,without restrictive endorsements,as filed bythe Insurance Services Office,and must include: Page 45 of 50 Thomas F.Pepe 9-10-14 (a)PremisesandOperation (b)Independent Contractors (c)Products and/or Completed Operations Hazard (d)Explosion,Collapse and Underground Hazard Coverage (e)Broad Form Property Damage (f)Broad Form Contractual Coverage applicable to this specific Contract,including any hold harmless and/or indemnification agreement. (g)Personal Injury Coverage with Employee and Contractual Exclusions removed,with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. I 06 Business Automobile Liability with minimum limits ofOne Million Dollars ($1,000,000.00)plus an additional One Million Dollar ($1,000,000.00)umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.Umbrella coverage mustbe afforded ona form nomore restrictive than the latest edition of the Business Automobile Liability policy,without restrictive endorsements,as filed by with the state of Florida,and must include: (a)Owned Vehicles. (b)Hiredand Non-Owned Vehicles (c)Employers'Non-Ownership 107 SUBCONTRACTS:The FIRM agrees thatif any part oftheWork under the Contract is sublet,the subcontract shall contain thesame insuranceprovision assetforthinseaion 5.1 aboveand5.4below and substituting theword Subcontractor for theword FIRM and substituting theword FIRM for CITY where applicable. L08 Fire and Extended Coverage Insurance (Builders'Risk).IF APPLICABLE A.In the event thatthiscontractinvolvestheconstruction of astructure,the CONTRACTOR shall maintain,withan Insurance Companyor Insurance Companies acceptable totheCITY,"Broad"form/All Risk Insurance on buildings and structures,including Vandalism &Malicious Mischief coverage,while inthe course of construction,including foundations,additions,attachments and all permanent fixtures belonging toand constituting apartof said buildings or structures.The policy or policies shall also cover machinery,ifthecostof machinery is included inthe Contract,orifthe machinery is located ina building thatisbeingrenovatedbyreasonofthiscontract.Theamountofinsurancemust,at all times,beatleast equal tothe replacement and actual cash value ofthe insured property.The policy shall beinthe name of theCITYandthe CONTRACTOR,astheirinterestmay appear,and shall alsocovertheinterestsof all Subcontractors performing Work. B.Allofthe provisions setforthinSection5.4hereinbelow shall apply tothis coverage unlessitwouldbe clearly not applicable. 1.09 Miscellaneous: A.Ifanynoticeof cancellation of insurance or change in coverage isissued by the insuranqe companyor shouldanyinsurancehaveanexpirationdatethatwilloccur during theperiod of thiscontract,the FIRM shall beresponsibleforsecuring other acceptable insurance prior to such cancellation,change,or expirationsoastoprovide continuous coverageasspecifiedinthissectionandsoastomaintain coverage during the life of this Contract. B.All deductibles mustbe declared bythe FIRM andmustbeapprovedbytheCITY.Attheoptionofthe CITY,either the FIRM shall eliminateorreducesuchdeductibleorthe FIRM shall procureaBond,ina form satisfactory to the CITYcovering the same. C.The policies shall contain waiverof subrogation against CITYwhere applicable,shall expressly provide that suchpolicyorpoliciesareprimary over any other collectibleinsurancethatCITYmayhave.The CITY reservestherightatany time.to requestacopyoftherequired policies forreview.All policies shall containa"severability of interest"or"cross liability"clause without obligation forpremium payment of the CITYaswellascontractual liability provisioncovering the Contractors dutytoindemnify the Cityasprovidedinthis Agreement. D.Before starting the Work,the FIRM shalldeliver to the CITY and CONSULTANT certificates ofsuch insurance,acceptable to the CITY,aswellastheinsurancebinder,ifoneisissued,theinsurancepolicy, including the declarationpageandalt applicable endorsements andprovidethename,addressand telephone number of theinsuranceagentor broker through whom thepolicywasobtained.Theinsurer shallberated A.VII or better perA.M.Best'sKeyRatingGuide,latest editionand authorized to issue insurancein the Stateof Florida.Allinsurancepolicies must be written onformsapprovedbytheState of Florida byaninsurancecarrier that is not issuingthepolicyasasurpluslinescarrierand the policy must remainin full forceand effect forthedurationof the contract periodwith the CITY.The FIRM Page 46of50 Thomas F.Pepe 9-10-14 mustprovidea"certifiedcopy"of the Policy (asdefinedinArticle I ofthisdocument)which shall include the declarationpageand all required endorsements.Inaddition,the FIRM shall deliver,atthe timeofdeliveryof the insurancecertificate,the following endorsements ifsuchprovisionisnotalready contained in the policy: (a)an endorsement tothepolicyinsubstantially the followingform: "The CityofSouth Miami isan additional namedinsuredwiththerightbut not the obligation to payanyunpaidpremiumandprovidingthat the citydoes not haveanydutyorobligationto providefirstnotice of claimforany liability itincursandthatarises out of theacts,omissionsor operations of the namedinsured.The insurerwillpay all sums that the City of South Miami becomes legallyobligated to payasdamages because of 'bodily injury",'property damage',or "personal andadvertisinginjury"anditwillprovide to the Cityall of the coverage that istypically provided under the standard Florida approved formsforcommercialgeneral liability coverageA and coverage B"; (b)an endorsement to the policyinsubstantially the followingform: "Thispolicyshall not becancelled (including cancellationfor non-payment of premium), terminated or materiallymodified without firstgivingthe City of South Miami 10 daysadvanced written notice of the intent tomateriallymodify the policyor to cancelor terminate the policy foranyreason.The notification shall bedelivered to theCitybycertifiedmail,withproofof delivery to the City." If the policydoesnothaveaprovisionor endorsement thatprovidestheCitywithadvanced notice of cancellationasrequiredby the City,the contractor maystillcomplywith the City's insurance requirement ifthe contractor provides the Citywith proof that the policypremium hasbeenpaidin full andprovided the contractor makesarrangementswithitsinsurance company to allow the City to confirm,monthly,that the policyisin full forceand effect.In addition,the Contractor mustpaytheCityamonthlymonitoringfee,currentlysetat$25per month,orhave the amount deductedfrom the Contractor's draws/payments. Page47 of 50 Thomas F.Pepe 9-10-14 Indemnification Requirement A.The Contractor accepts and voluntarily incurs all risks of any injuries,damages,or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault ofthe Contractor or anyone acting through oron behalf ofthe Contractor. B.The Contractor shall indemnify,defend,save and hold CITY,its officers,affiliates,employees, successors and assigns,harmless from any and all damages,claims,liability,losses,claims,demands,suits,fines, judgments or cost and expenses,including reasonable attorney's fees,paralegal fees and investigative costs incidental thereto and incurred prior to,during or following any litigation,mediation,arbitration and at all appellate levels,which may be suffered by,or accrued against,charged toor recoverable from the City of South Miami,its officers,affiliates,employees,successors and assigns,by reason ofany causes ofactions or daim ofany kind or nature,including claims for injury to,or death ofany person or persons and for the loss or damage to any property arising outofa negligent error,omission,misconduct,or any gross negligence,intentional actor harmful conduct ofthe Contractor,its contractor/subcontractor or any of their officers,directors,agents,representatives, employees,or assigns,or anyone acting through oron behalf of any of them,arising outof this Agreement, incident toit,or resulting from the performance or non-performance ofthe Contractor's obligations under this AGREEMENT. C.The Contractor shall pay all claims,losses and expenses of any kind or nature whatsoever,in connection therewith,including the expense or loss ofthe CITY and/or its affected officers,affiliates,employees, successors and assigns,including their attorney's fees,in the defense of any action in law or equity brought against them and arising from the negligent error,omission,or act ofthe Contractor,its Sub-Contractor or any of their agents,representatives,employees,or assigns,and/or arising outof,or incident to,thisAgreement,or incident to or resulting from the performance or non-performance ofthe Contractor's obligations under this AGREEMENT. D.TheContractor agrees and recognizes thatneithertheCITYnorits officers,affiliates, employees,successors and assigns shall be held liable or responsible for any claims,including thecosts and expensesof defending such claims whichmayresultfromorariseoutofactionsor omissions oftheContraaor. its contractor/subcontractor oranyoftheir agents,representatives,employees,or assigns,or anyone acting through oron behalf ofthethem,and arising outofor concerning theworkoreventthatis occurring onthe CITY's property.In reviewing,approving or rejecting any submissions or acts ofthe Contractor,CITY in no way assumesorsharesresponsibilityor liability fortheactsoromissions of the Contractor,its contractor/subcontractor oranyoftheir agents,representatives,employees,or assigns,or anyone acting through or on behalf of them. E.TheContractor has thedutyto provide a defense withanattorneyor law firm approved bythe CityofSouth Miami,which approval will notbe unreasonably withheld. Page 48 of 50 Thomas F.Pepe 9-10-14 EXHIBIT 3 "Downtown Business District LED Lighting" Map of Downtown Business District Page 49 of 50 Thomas F.Pepe 9-10-14 C i t y o f S o u t h M i a m i C e n t r a l B u s i n e s s D i s t r i c t a n d S u r r o u n d i n g P o i n t s o f I n t e r e s t M a r c h 8 , 2 0 1 3 END OF DOCUMENT Page 50 of 50 Thomas F.Pepe 9-10-14 South'Miami THF.(IIY Ol-I'll-.ASANI LIVING ADDENDUM No.#1 Project Name:Downtown Business District LED Lighting RFP NO.PW2014-11 Date:October 30,2014 Sent:Fax/E-mail/webpage This addendum submission is issued to clarify,supplement and/or modify the previously issued Request for Qualifications (RFQ)Documents,and is hereby made part ofthe Documents.All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth.It shall be thesole responsibility ofthe bidder to secure Addendums that may be issued fora specific solicitation. Note:The "Schedule of Events"has been revised,including the Deadline toSubmitRFP Response. See chart below: 3 Deadline to Submit Questions 11/7/2014 10:00 AM 4 Deadline to City Responses to Questions 11/12/2014 10:00 AM 5 Deadline to Submit RFP-Response 11/18/2014 10:00 AM 6 Announcement of selected Contractor/Cone of Silence ends 12/18/2014 7:00 PM Question #1: CantheCityclarifythetype of lightsetsthatarerequired? Answer to Question #1: The specification forlightsets required bytheCityareasfollows: o Manufacturer:Blachere Illumination,oranapprovedequal. o Product No:FL508 Page 1 of2 oDescription:200 LED's perstrand,4"apart;12Watt;120Volt o Cable Color:Green o LED Color:Pure white. Question #2: WilltheCitybeleasingthelightsoristhisacapitalproject. Answer to Question #2: Thisisacapital project fortheCity. Question #3: Onethetreesinthedesignatedareashavelightsinstalled,whoisresponsiblewhenatreegoesdownor isdamagedinastormorotheracts of God. Answer to Question #3: TheCityis responsible toremovea damaged treeandclearthearea.Lightsetswillbe removed from the damaged treeand disposed ofbythe City.Eventually,theCitywill install a replacement tree.In this case,the"per light set"price submitted bya respondent will be used to purchase the required replacementlightsets.Thecontractorwillinstallthe replacement lightsetsandwillbehandledunder the "Maintenance Program" Question #4: Isthe maintenance program onan "on-call"basis or,based on regular inspections bythe contractor? Answer to Question #4: The maintenance program is both onan "on-call"basis and by regular inspections,the frequency to be determined bythe contractor. Question #5: Do all streets identified in the Scope of Services have power for the installation of the LED light sets and,if not,how does the contractor handle this situation? Answer to Question #5: Pleasesee revised Scopeof Services,"Site Locations,"dated October 30,2014 IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 2 of2 Addendum No.I October 30,2014 RFP#PW20I4-II Scope of Services Site Locations: The Following Streets shall be lighted: I)Sunset: (USItoRedRoad) Estimate for Planning Purposes: 6 Trees 57 Court to 57 Avenue South side 22 Trees North side 21 Trees South side 8 Palm Trees A)4Treesinnew median -Do not have power and are not listed. B)Do not light palm trees in frontof Sunset Place.(NotCitytrees/Not City Power). C)TreeslocatedonSunsetthathavea single stumpthatbranchesout intoa multi tree trunkwascountedasone,asthesiteonlyhasa single source ofpower,aswell. 2)SW 73 Street: (RedRoad to US I)24Branch Trees A)Do not provide lighting infrontofCarabasandold Outback restaurants.(North side) NOTE:No Power available at 15 trees betweenDornand US 1.-No Lighting Required 3)Sunset &SW 62 Avenue (SW62 Avenue to US I) (Front ofCityHall) 4)SW 57 Court (Sunset to SW74 Street) NOTE:No power available-No lighting 13 Branch Trees 10 Branch trees Page 1 of 2 5)SW 58 Avenue (Sunset to SW73 Street)6 Trees -West Side A)Do not place lighting on trees in front of Bougainvillea's restaurant. 6)SW 58 Avenue (Sunset to SW 73 Street)7 Trees 4SmallRoyalPalm Trees 7)Dorn Avenue (Sunset to 73 Street)12 Branch Trees with Power NOTE:2 Trees located on street.Do not have power anddo not require lighting. Page 2 of 2 South11 Miami THECITYOF I'l KASANT LIVING ADDENDUM No.#2 Project Name:Downtown Business District LED Lighting RFP NO.PW2014-11 Date:November 10,2014 Sent:Fax/E-mail/webpage This addendum submission is issued to clarify,supplement and/or modify the previously issued Request for Proposal (RFP)Documents,andis hereby made partofthe Documents.All requirements ofthe Documents notmodifiedhereinshallremaininfullforceandeffectas originally set forth.Itshallbethe sole responsibility ofthebidderto secure Addendums thatmaybe issued fora specificsolicitation. Question #1: CanIpleaseget clarification onwherethelightsbegin?Atthegroundorwheretheoutletis, whichis 3'-4'abovetheground. Answer to Question #1: Theinstallation of theLEDlightsbeginattheelectricaloutletandproceedoutward. Question #2 Are weto decorate the trunks and canopies or just the trunks? Answer to Question #2: TrunksandcanopiesaretobedecoratedwithLEDlights.Itis strongly recommendedfor interestedpartiestoinspectexistingHolidayLightingrecentlyinstalledbytheCityand currently inplaceinthe downtown areaonSunsetDrive(SW72Street)andeast of US1and west of RedRoad(SW57 Avenue). IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 1 of 1 MIAMI DAILY BUSINESS REVIEW Published OailyexceptSaturday.Sunday and LegalHolidays Miami,Miami-Dade County.Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforetheundersignedauthoritypersonallyappeared MARIAMESA,whoon oath says that he or she isthe LEGAL CLERK LegalNotices ofthe Miami Daily Business Review f/k/a Miami Review,adaily(except Saturday.Sunday andLegalHolidays)newspaper,publishedat Miami in Miami-Dade County,Florida;thattheattachedcopyofadvertisement, beingaLegal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI RFP #PW2014-11 in the XXXX Court. waspublishedinsaid newspaper inthe issues of 10/16/2014 Affiant further saysthatthesaidMiamiDaily Business Reviewisa newspaper publishedatMiamiinsaidMiami-Dade County,Florida andthatthesaid newspaper has heretofore been continuously published insaid Miami-Dade County. Florida,eachday (except Saturday.Sundayand Legal Holidays), andhasbeenenteredassecondclassmailmatteratthepost officein Miami insaid Miami-Dade County.Florida,for a period ofoneyearnextprecedingthe first publication ofthe attached copyof advertisement;andaffiant further saysthatheor shehas neither paid nqr^rpmi'gp<1_g"y person,firm or corporation any discjoufrt1.ittb^.'ctJmrmssjpn or>efund for the purpose of securing this advertisement fo^publication in the said newspaper. (SEAL) MARIA MESA ^X>'.••••••••^ NSS®^ PROPOSAL QUE DATE:10 AM, NOVEMBER 6,2014 RFP#PW2014.11 SOLICITATION COVER LETTER TheCity Is herebyrequestingsealedproposals in responseto this RFP 0PW2O14-11 titled Downtown Business DistrictLED Lighting.The purpose of |hls^F|^s to ^co$$cj*for tbe.s^efvjcejs necessary for the "completion"of the ^project +w accordance Jwlthc the scope of services andthe plans anct/or specifications;ifany,described In this RFP (hereinafter refelfedto^as^tlie Project*or"Project") Interestedpersons who,wish torespondtothisRFPcanobtainthe complete RFP package atthe City ClenYs offide Monday through Friday from9:00 A.M:to 4:00 P.M,or by accessingthe following webpage: http://wviws0ujthmiar1tifj.gov/which is the City ofSouth Miami's web addressfor solicitation information.Proposals aresubject totheStandard Terms andCondittons contained inthecomplete RFP package,including all documents listeclln the RFPTable of Contents. A Mandatory Pre-Proppsal Meeting willbeconductedat City Haii in the,Commission Chambers onOctober28,£014at 10:00 A.M.The conference shallbeheldregardlessof weather conditions. s *»,%"-•»*CitvCJeM * 10/16 A4-B-201(23615a3M Member Name Bid Number Bid Name 4 Document(s)found for this bid 13 Planholder(s)found. Cityof South Miami RFP-RFP#PW2014-ll-0- 2014/SK Downtown Business District LED Lighting Supplier Name Address 1 Address 2 City State Zip Phone Attributes Construction Journal,Ltd.400 SW 7th Street Stuart FL 34994 8007855165 DREYFUSS ASSOCIATES 2163 W 73RD STREET HIALEAH FL 33016 3055579557 HDSupplyFacilities Maintenance 10641 Scripps Summit Court ATTN:Bid Dept SanDiego CA 92131 8664558924 isqft-MAINACCT 4500 Lake Forest Drive Suite 502 Cincinnati OH 45242 8772271680 J&E OFFICE SUPPLIES 7911 NW 72nd Ave #110A Medley FL 33166 3058877339 1.Hispanic Owned 2.Small Business LangerElectric Service Company 6500 NW 21st Avenue Suite 1 Fort Lauderdale FL 33309 9549848489 Onvia,Inc.-Content Department 509 OliveWay,Suite 400 Seattle WA 98101 2063739500 R.E.Chisholm Architects.Inc.4921 SW 74th Ct Miami FL 33155 3056612070 1.Hispanic Owned Reed Construction Data 30 Technology Parkway South,Suite 100 Norcross GA 30092 8009018687 UniTek Global Services Gwynedd Hall 1777 Sentry Parkway West,Suite 302 Blue Bell PA 19422 7866060364 VendorLink LLC 12201 Research Parkway Suite 223 Orlando FL 32826 4074010031 1.Small Business Veolia ES Technical Solutions ERD W6490B Specialty Drive Greenville Wl 54942 9207506160 WorldElectricSupply 2151 BLOUNT RD POMPANO BCH FL 33069 9549791960 Detail by Entity Name Detail by Entity Name Foreign Profit Corporation BRANDANO DISPLAYS,INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address 1473 BANKS ROAD MARGATE,FL 33063 Changed:03/11/2011 Mailing Address F98000003255 161366604 06/09/1998 NY ACTIVE 1473 BANKS ROAD MARGATE,FL 33063 Changed:03/11/2011 Registered Agent Name &Address NRAI SERVICES,INC. 1200 South Pine Island Road Plantation,FL 33324 Address Changed:02/11/2011 Officer/Director Detail Name &Address Title PDT BRANDANO,JOHN D 1473 BANKS ROAD MARGATE,FL 33063 Title VDS BRANDANO,PATRICK J 1473 BANKS ROAD MARGATE,FL 33063 Page 1 of3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/Ent...11/18/2014 DetailbyEntityName Annual Reports Report Year 2012 2013 2014 Filed Date 02/07/2012 03/05/2013 02/25/2014 Document Images 02/25/2014 -ANNUAL REPORT 03/05/2013 -ANNUAL REPORT 02/07/2012 -ANNUAL REPORT 03/11/2011 -ANNUAL REPORT 02/23/2010 ~ANNUAL REPORT 01/14/2009 ~ANNUAL REPORT 04/30/2008 -ANNUAL REPORT 03/02/2007 --ANNUAL REPORT 05/11/2006 -ANNUAL REPORT 08/29/2005 -ANNUAL REPORT 04/29/2004 -ANNUAL REPORT 08/25/2003 -ANNUAL REPORT 05/14/2002 -ANNUAL REPORT 03/27/2001 -ANNUAL REPORT 04/10/2000 -ANNUAL REPORT 05/06/1999 -ANNUAL REPORT 06/09/1998 -Foreign Profit View image in PDFformat View image inPDFformat View image inPDFformat Viewimagein PDF format View image inPDFformat View image inPDFformat View (mage inPDFformat ViewimageinPDFformat View image inPDFformat View image inPDFformat View image inPDFformat View image inPDFformat View image inPDFformat View image inPDFformat View image inPDFformat View image inPDFformat View image inPDFformat Copyright ©and Privacy Policies State of Florida,Department of State Page 2 of3 http://search.simbiz.org/Inquiry/CorporationSearch/SearchResulffi 11/18/2014 2014 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT#F98000003255 Entity Name:BRANDANODISPLAYS,INC. Current Principal Place of Business: 1473 BANKS ROAD MARGATE,FL 33063 FILED Feb 25,2014 Secretary of State CC4719999846 Current Mailing Address: 1473 BANKS ROAD MARGATE,FL 33063 FEI Number:16-1366604 Name and Address of Current Registered Agent: NRAI SERVICES,INC. 1200 SOUTH PINE ISLAND ROAD PLANTATION,FL 33324 US Certificate of Status Desired:Yes The above named entity submits this statement forthe purpose ofchanging Its registered officeor registered agent,orboth,intheState ofFlorida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail: Title PDT Name BRANDANO,JOHN D Address 1473 BANKS ROAD City-State-Zip:MARGATE FL 33063 Title VDS Name BRANDANO.PATRICK J Address 1473 BANKS ROAD City-State-Zip:MARGATEFL 33063 Date l herebycertify thatthe Information indicated on thisreportor supplemental report fstrueand accurate andthatmy electronic signature shallhavethesamelegaleffectas Ifmadeunder oath;thatIamanofficer ordirector ofthecorporation orthereceiver ortrustee empowered to execute this report as required by Chapter 607,Florida Sletutes;andthat myname appears above,oronanattachment with ellotherlikeempowered. SIGNATURE:JOHN BRANDANO PRESIDENT 02/25/2014 Electronic Signature of Signing Officer/DirectorDetail Date