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21 St. HVAC Renovations M1-(l. 'f, 2-003- c.:2.A INVITATION FOR BIDS 21ST STREET COMMUNITY CENTER HV AC RENOV A TIONS BID # 32-02/03 BID OPENING: MARCH 12, 2003 AT 3 :00 P.M. Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 CITY CLERK BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 1 AGREEMENT THIS AGREEMENT made this 9th day of April ,2003, A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party ofthe one part, and THERMAL CONCEPTS. me. 2201 COLLEGE AVENUE DAVIE. FLORIDA 33317 hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party ofthe other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated "21sT STREET COMMUNITY CENTER HV AC RENOVATIONS" by said City, do hereby mutually agree as follows: 1. This Agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to CITY of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution ofthe Contract by both parties. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. Bid 32-02/03 Agreement Page I on The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 3.1 Time is of the essence throughout this Contract. This project shall be substantially completed within Fourteen (14) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment within seven (7) calendar days from the date certified by the Project Manager as the date of Substantial Completion. 3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 3.1 above. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of Two Hundred and Fifty Dollars ($250.00) for each calendar day that expires after the Contract Time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time, Contractor shall pay Owner Two Hundred and Fifty Dollars ($250.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of Owner's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. 6. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. Bid 32-02/03 Agreement Page 2 on 7. The Contractor shall file with the Procurement Director of said City of Miami Beach a Performance and Labor and Material Payment Bond, each in the amount of 100 percent of Contract Amount, in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent authorized to do business in the State of Florida. 8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 10. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Proposal, attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. Contract Price: $ 71.995 11. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. ~~'<'=\ C~~\ J (SEAL) Contractor CITY OF MIAMI BEACH By ~. 'II ,'I;-Mayor ~ Q. ATTEST: Title APPROVED AS TO FORM & LANGUAGE & FOR exeCUTION ~rP~ 511ft!} Dale Bid 32-02/03 Agreement Page 3 00 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibaachfl.gov COMMISSION MEMORANDUM From: Mayor David Dermer and Date: AprU 9, 2003 Members of the City Commission Jorge M. Gonzalez \. ~~ City Manager 0 PV--o REQUEST FOR APPROVAL TO AWARD A CONTRACT TO THERMAL CONCEPTS, INC. IN THE AMOUNT OF $71,995, PURSUANT TO INVITATION TO BID NO. 32-02/03, FOR THE 21sT STREET COMMUNITY CENTER HVAC RENOVATIONS To: Subject: ADMINISTRATION RECOMMENDATION: Approve the Award. BID AMOUNT AND FUNDING: $71,995 Funds are available from Property Management Capital Account 520.1720.000674 ANALYSIS: On February 26, 2003 the Mayor and City Commission rejected the Administration's recommendation to award Invitation to Bid 46-01/02 to the sole bid received of Environmental Control, Inc., and recommended that the project be re-bid with revised specifications. Specifications were revised as follows: . Completion time: 14 calendar day substantial completion, and 7 calendar day final completion in lieu of long weekend. . Existing drawings were provided for Bidder's reference. The work specified in this bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the HVAC renovations for the 21 at Street Community Center. Contractor shall remove five (5) existing air conditioning units located on the roof. Existing curbs may be used, provided any/all applicable code requirements are adhered to by the Contractor. Contractor shall furnish and install five (5) new air conditioning units, duct work, controls, electrical, plumbing, crane, duct smoke detectors, engineering drawings and be licensed to pull all permits necessary to successfully complete the work. 6 Commission Memo Bid 32..()2103 April 9. 2003 Page 2 Invitation to Bid No. 32-02103 was issued on February 26, 2003, with an opening date of March 18, 2003. DemandStar by Onvia issued bid notices to 653 prospective bidders, resulting in 26 companies requesting bid packages, and the receipt of three (3) bids. The lowest responsive bid was received from Thermal Concepts, Inc. in the amount of $71,995. The previous bid process resulted in the receipt of one bid in the amount of $85,542, a $13,547 difference from current results. Thermal Concepts, Inc. has been in business for 19 years as a mechanical contractor (HV AC). This contractor has been doing satisfactory work with the City since 1998, and is recommended by the Miami Beach Convention Center and the City's Property Management Division. Contractor will procure Performance and Payment Bonds, each in the amount of 100% of the contract price. Contractor will be substantially completed within fourteen (14) calendar days from the issuance date of the Notice to Proceed, with final completion seven (7) days later. Based on the analysis of the bids received, it is recommended that the City award this project to the lowest and best bidder, Thermal Concepts Inc. BID TABULATION: VENDOR LUMP SUM AMOUNT Thermal Concepts, Inc. $ 71,995.00 City Air, Inc. $ 87,725.00 Environmental Control, Inc. $ 94,426.00 T:\AGENDA\2003\apr0903\consent\21st street comm center HVAC comm memo.doc 7 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33139 http:\\miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 32-02/03 ADDENDUM NO.1 March 7, 2003 21ST STREET COMMUNITY CENTER HV AC RENOVATIONS is amended as follows: I. The Bid Opening date is changed from March 12 to March 18,2003 at 3:00 P.M. Also, last day for questions has been changed from March 7 to March 12, 2003. II. A 2nd Site Visit has been scheduled for all interested bidders of this project. Scheduled meeting to be Tuesday March 11,2003 at 2:00 PM at the 21 It Street Community Center. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH ,?;~/' (- t.~-~-- Gus Lopez, CPPO Procurement Director rm MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami~Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review Ilk/a Miami Review, a daily (except Saturday. Sunday anrll.pc,,' Holidays) oAw'papAr. published at Miami in Miami-Dade CQunty, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI BEACH . BID 32.02103. 3/25/03 in the XXXX Court, was published in said newspaper in the issues of 03/24/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami.Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commis' or refund for the purpose of securing thi averti nt for ublication in the said newspaper. CITY OF MIAMI BEACH Pursuant to Section 2-486 entitled 'Cone of. Silence", a site visit to determine the competency of the low bidder regarding Bid 32.02/03, 21st Street Community Center HVAC Renovations will be held as follows: Date: Time: Located: 3124 3/25/03 11 :00 a.m. 21 st Street Community Center 03-B-62I3491.16M #, CITY OF MIAMI BEACH lQ 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\cl.mlaml.beach.fl.us PROCUREMENT DIVISION Telephone (305) 673.7490 Facsimile (305) 673.7851 PUBLIC NOTICE INVITATION TO BID NO. 32-02/03 Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 12th day of March , 2003 for: 21 ST STREET COMMUNITY CENTER HV AC RENOVATIONS Scope of Work: The work specified in this bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the HV AC renovations for the 21 sl Street Community Center. Contractor shall remove five (5) existing air conditioning units located on the roof. Existing curbs may be used, provided any/all applicable code requirements are adhered to by the Contractor. Contractor shall furnish and install five (5) new air conditioning units, duct work, controls, electrical, plumbing, crane, duct smoke detectors, engineering drawings and be licensed to pull all permits necessary to successfully complete the work. The City shall supply existing drawings for reference only. Please contact the Procurement Division at 305-673-7490 to request a copy. Estimated Budget: $90,000. Minimum Requirements: Prospective Bidder must have a minimum of 3 years experience in providing HV AC Renovations and provide at least four (4) separate references for projects completed, of which each project total cost was twenty-thousand dollars ($20,000) or higher in construction work. Bid Guarantv: A Bid Guaranty is not required, however the successful Bidder executing the Contract will be required to provide the Performance Bond and Payment Bond in the amount of one- hundred percent (100%) ofthe contract amount, and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Bid Conference will be held at 10:00 a.m. on March 6, 2003 at the 21st Community Center located at 2100 Washington Avenue, Miami Beach, FL 33139. Attendance at the Pre bid Conference is highly encouraged and recommended as a source of information but is not mandatory. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 2 The City has contracted with DemandStar by Onvia as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you can receive automatic bid notifications or to obtain a copy of this Bid, go to www.demandstar.com or call toll-free 1-800-711-1712, and request Document #323. Subscribing to DemandStar by Onvia 's bid notification system is not a requirement. You will still be able to find bid information and download documents through the City's website (htto://www.miamibeachtlgov).FromtheCity.shomepage.click on E-Government menu. As part of the list of Online Services you will find Request Bid Information and Bid Status. This is a link to Demandstar that will allow you to download this document. Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: (305) 673-7851. The Bid title/number shall be referenced on all correspondence. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS BID IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 2002-3378. A COPY OF ALL WRITTEN COMMUNICA TION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH PROTEST PROCEDURE ORDINANCE NO. 2002-3344. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH LOBBYIST FEES DISCLOSURE ORDINANCE NO. 2002-3363. CITY OF MIAMI BEACH /'/' ~~ ...::.. -; -'-- I/~ ,.../~"--- l. ...-' Gus Lopez, CPPO Procurement Director BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 3 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139 hllp:\\ci .miami-beach. ".us PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 I NOTICE TO PROSPECTIVE BIDDERS NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to.the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: _Our company does not handle this type of product/service. _We cannot meet the specifications nor provide an alternate equal product. _Our company is simply not interested in bidding at this time. _Due to prior commitments, I was unable to attend pre-proposal meeting. _OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a bid!!! this completed form, may result in your company being removed from the City's bid list. BID NO: 32-02103 DATE: 02/26/03 CITY OF MIAMI BEACH 4 21 ST STREET COMMUNITY CENTER HV AC RENOVATIONS BID # 32-02/03 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: Original copy of Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the City of Miami Beach Procurement Director, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Facsimile bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount ofthe bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award ofbid(s). 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 04-00097-09-23. 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 5 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result ofthis bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by UL for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to rej ect all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: Ifbidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1.11 (NOT USED) 1.12 (NOT USED) 1.13 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications, may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 6 1.14 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection ofthe bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 1.15 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours ofthe user, Monday through Friday, excluding holidays. 1.16 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. Fax (305) 673-7851. 1.17 (NOT USED) 1.18 (NOT USED) 1.19 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be returned, unopened. 1.20 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.21 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.22 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision ofthe City shall be final and binding on both parties. 1.23 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 7 1.24 (NOT USED) 1.25 (NOT USED) 1.26 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.27 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.28 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.29 ANTI-DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.30 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call the Heidi Johnson Wright at the Public Works Department at 305.673-7080. 1.31 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 1.32 (NOT USED) 1.33 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Dade County and City of Miami Beach building code requirements and the South Florida Building Code. The bidder shall be BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 8 liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.34 BID GUARANTY: ..\11 bias shall be aeeamflaaied by either aa arigiaal bid bead e){esutea by a surety e6ffiJlaftY meetiag the qualifieatioas fer sl:lfety seffiJlBflies, or by cash, moaey erder, sertified eheek, sBshier's eheek, Bid GUBmat)' Form, Uaeoaditiaaal Letter af Credit (Farm O(H 10), treasurer's "heek or baak draft of aay aatioaal er state baak (Uaited States), ia the affiOlmt of $ payable ta City efMiami Beaeh, Flerida, Bfld eeRditieaed uflaa the sueeessful Bidder e)leeutiag the Ceatfaet aad previdiag the relillired PerfermBflee Bead and PaymeRt Boad Bfld evideaee ef required iasufBflse withia tell. (1 Q) ealeadar days after aetifisatiea of award ofthe CeBtrast. l. PERSON,\L CHECK OR ,\ COMP,\NY CHECK OF ,A. BIDDER SHALL NOT BE DEEMED .^. 'l.^.LID BID SECURITY. Seeurity ofthe sucsessful Bidder shall be ferf-eited te the City of Miami Beaeh as lilillidated damages, aet as a fleRalty, fer the east aad e)lpeftSe iaeurred sheuld said Bidder fail te execute the Ceatraet, previde the reE]uired Perfermaaee Bead, Paymeat Bead aed Certifieate(s) efIasuraace 'llithia tea (HI) ealeadar days after aetifieatiea efthe aWlH"d efthe Ceatraet, er failure te eeffiJlly with aay ether relilliremeats set forth hereia. The time for eJlesutiea efthe CeBtmet Bad flrevisiea ef the PerfermBflse Bead, Pa-ymeat Boad aaa Certifieate(s) efIasl:lranee may be ellteaaed by the City's Preeuremeat Direeter fer geod ealise shewa. Bid Seewities efthe l:Iaslieeessful Bidders will be returned after award of Ceetraet. A Bid Guaranty is not required, however the successful Bidder executing the Contract will be required to provide the Performance Bond and Payment Bond in the amount of one-hundred percent (100%) of the contract amount, and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. 1.35 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list 1.36 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.37 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 9 1.38 (NOT USED) 1.39 (NOT USED) 1.40 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. 1.41 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.42 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.43 BID TABULATIONS: Bidders desiring a copy ofthe bid tabulation may request same by enclosing a self-addressed stamped envelope with the bid. 1.44 BID PROTEST PROCEDURES: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 1.45 (NOT USED) 1.46 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least fifteen (15) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids is required. A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the Solicitation. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt ofthe Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. BID NO: 32-02/03fDATE: 02/26/03 CITY OF MIAMI BEACH 10 1.47 DEMONSTRATION OF COMPETENCY: I) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. 3) The City may require Bidders to show proofthat they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's Proposal may render the Bid non-responsive. 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures ifthe City determines that the successful Bidderno longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. 1.48 DETERMINATION OF AWARD The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract.. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 11 1.49 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. 1.50 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.51 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. 1.52 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be ASpot Market Purchased= may be purchased by other methods, i.e. Federal, State or local contracts. 1.53 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm which is in arrears to the County upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the County. 1.54 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.55 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award ofthis bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.56 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or proposal for any contract, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers BID NO: 32-02103 DATE: 02/26/03 CITY OF MIAMI BEACH 12 who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.57 DISPUTES In the event of a conflict between the documents, the order of priority of the documents shall be as follows: . Any agreement resulting from the award of this Bid (if applicable); then . Addenda released for this Bid, with the latest Addendum taking precedence; then . The Bid; then . Awardee's Bid. 1.58 REASONABLE ACCOMMODATION In accordance with the Title II ofthe Americans with Disabilities Act, any person requiring an accommodation at the RFP opening because of a disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. 1.59 GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent ofthe City, for the purpose of influencing consideration ofthis proposal. 1.60 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bibber or contractor, which offer shall be deemed accepted upon approval by the City Commission ofthe City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. Additionally, the City may take such action. 1.61 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 1.62 TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at that time. 1.63 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 13 to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 1.64 DETERMINATION OF RESPONSIVENESS: Determination of responsiveness taken place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. 1.65 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item, unless otherwise specified. It must be a firm delivery time, no ranges will be accepted, i.e.; 12-14 days. 1.66 CONE OF SILENCE YOU ARE HEREBY ADVISED THAT THIS BID IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 2002-3378 (COPY A TT ACHED). A COpy OF ALL WRITTEN COMMUNICA TION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. 1.67 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability. Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. BID NO: 32-02/03 DATE: 02126/03 CITY OF MIAMI BEACH 14 Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. A copy of the endorsement(s) naming the City of Miami Beach as an additional insured is required and must be submitted to the City's Risk Manager. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws ofthe State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates ofInsurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of$I,OOO,OOO.OO for each occurrence and and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out ofthe sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 15 The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. Ifbidder does not meet the insurance requirements ofthe specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 16 XXXI. XXX 2. XXX 3. XXX 5. XXX 7. XXX 8. XXX 9. INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the Statutory limits ofthe state of Florida. Comprehensive General Liability (occurrence form), limits ofliability $ 1.000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $1,000,000 each occurrence - ownedlnon-ownedlhired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Bidder Signature of Bidder BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 17 21 ST STREET COMMUNITY CENTER HV AC RENOVATIONS BID # 32-02/03 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids to a qualified contractor, for the HVAC Renovations for the 21st Street Community Center, to include installation of five (5) new air conditioning units, and removal of existing units. 2.2 TERM OF CONTRACT: N/A 2.3 PROJECT SCHEDULE/COMPLETION TIMES: Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents (including but not limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. The receipt of all necessary permits by CONTRACTOR and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The CONTRACTOR shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. Time is of the essence throughout this Contract. This project shall be substantially completed within fourteen (14) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment within seven (7) calendar days from the date certified by the Project Manager as the date of Substantial Completion. 2.4 (NOT USED) 2.5 ADDITIONSIDELETIONS OF FACILITIES: N/A 2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: N/A 2.7 PRE-BID CONFERENCE/SITE INSPECTION: A Pre-Bid Conference will be held at 10:00 a.m. on March 6th, 2003 at the 21 st Street Community Center located at 2100 Washington Avenue, Miami Beach, FL 33139. 2.8 (NOT USED) 2.9 VENDOR APPLICATION The City has contracted with DemandStar by Onvia as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. To find out how you can receive automatic BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 18 bid notifications or to obtain a copy of this Bid, go to www.demandstar.com or call toll- free 1-800-711-1712, and request Document # 323. Subscribing to DemandStar by Onvia's bid notification system is not a requirement. You will still be able to find bid information and download documents through the City's website (htto://www.miamibeachfl.gov). From the City's home page, click on E-Government menu. As part ofthe list of Online Services you will find Request Bid Information and Bid Status. This is a link to Demandstar that will allow you to download this document. 2.10 CONTACT PERSON The contact person for this Invitation to Bid is Marta Fernandez. The contact person may be reached by phone: 305.673.7490; fax: 305.673.7851; or e-mail: martafemandezrubio@miamibeachfl.gov. Communications between a proposer, bidder, lobbyist or consultant and Procurement Staff is limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the contact person, with a copy to the City Clerk. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written addendum to this Bid. Bidders should verify with the Procurement Division prior to submitting a proposal that all addenda have been received. YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.66, ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS. 2.11 SAMPLES: N/A 2.12 (NOT USED) 2.13 LIQUIDATED DAMAGES: Bidder agrees to pay Owner as liquidated damages for delay (but not as a penalty) the amount of Two Hundred and Fifty Dollars ($250.00) for each calendar day beyond the five (14) substantial completion period until the work is substantially completed. After Substantial Completion if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time, Contractor shall pay Owner Two Hundred and Fifty Dollars ($250.00) for each calendar day beyond the time specified for completion and readiness for final payment. 2.14 PERCENTAGE ABOVE VENDOR COST: N/A 2.15 ESTIMATED QUANTITIES: N/A 2.16 HOURLY RATE: N/A 2.17 WARRANTY: The successful bidder will be required to warranty all work and equipment supplied. Warranty shall be described in detail on the attached Bid Form. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 19 2.18 PRODUCT/CATALOG INFORMATION: All bidders must submit product information on the product they propose to furnish if awarded this contract. Any bid received not containing this information may be rejected for that reason. 2.19 REFERENCES: Each bid must be accompanied by a minimum of eight (8) references, of which four (4) separate projects must have been for $20,000 or Higher. Reference shall include the name of the company, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.20 COMPLETE PROJECT REQUIRED: These specifications describe the various items or classes of work required, enumerating or defining the extent of same necessary, but failure to list any items or classes under scope of the several sections shall not relieve the contractor from furnishing, installing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the project. Workmanship of units will be inspected and accepted by the Property Management Director, or designated representative. 2.21 FACILITY LOCATION: 2100 Washington Avenue, Miami Beach, FL 33139. 2.22 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has technical knowledge and practical experience in the type of equipment included in this scope of work; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; and has done HV AC renovations as specified under the Minimum Requirements on Page 2 ofthis Bid Documents. The evidence at a minimum will consist of listing of work that has been provided to public and private sector clients, ei. nature of work and number of units (includes purchase, delivery and installation) within the last three (3) years. 2.23 LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 2.24 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 20 2.25 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COPY ofthe Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.26 MAINTENANCE AGREEMENT: N/A 2.27 EQUAL PRODUCT: Manufacturers name, brand name and model number are used in these specifications for the purpose of establishing minimum requirement oflevel of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturers items of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid as equal. BID NO: 32-02/03 DATE: 02126/03 CITY OF MIAMI BEACH 21 21ST STREET COMMUNITY CENTER HV AC RENOVATIONS BID # 32-02/03 3.0 MINIMUM SPECIFICATIONS SCOPE OF WORK Contractor shall remove five (5) existing air conditioning units from the 21 5t Street Community Center roof. Existing curbs may be used, provided any/all applicable code requirements are adhered to by the Contractor. Contractor shall furnish and install five (5) new air conditioning units, duct work, controls, electrical, plumbing, crane, duct smoke detectors, engineering drawings and be licensed to pull all permits necessary to successfully complete the work. 1. GENERAL 1.1. The contractor shall replace five existing self-contained air conditioning units located on the roof. Contractor shall furnish the new air conditioning units, controls, equipment, crane, labor, material, electrical and plumbing work, engineering drawings and permits to successfully complete the work. All work shall be completed in accordance with Florida Building Code and all other applicable codes, and in a manner consistent with industry standards. Any waiver of permit fees shall be solely determined by the Building Department. Contractor shall verify tonnage and voltages. Contractor shall verify that new units comply with outside air requirements as outlined by ASHRAE and any other guidelines applicable to the work being performed. The City shall supply existing drawings for reference only. 1.2. Contractor shall furnish at the time of bid submittal a list of the proposed equipment and their corresponding specifications. 1.3. Contractor shall submit proposal in a line item format as follows: Item Cost HV AC equipment Labor Crane Duct work Electrical Miscellaneous TOTAL 2. EQUIPMENT LIST 2.1 The following is a list of the equipment to be replaced: Unit type Make Model number AC#I, Self-contained York nla AC#2, Self-contained York nla AC#3, Self-contained York DlCS120E01025A AC#4, Self-contained York nla AC#5, Self-contained York DlCSl20E01025A Voltage 1 Phase 208-230 1 3 208-230 1 3 208-230 1 3 208-230/3 208-230 1 3 BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 22 3. DISPOSAL 3.1. All equipment, roof curbs, duct work, and any other debris resulting from the replacement of this air conditioning equipment shall be removed for disposal by the Contractor. The City shall reserve the right to salvage any component deemed useful. 4. NEW BV AC EQUIPMENT 4.1. The new equipment shall be Trane, Carrier, or York, and shall be of equal cooling capacity, voltage, and general characteristics as existing equipment. 4.1.1. New units shall have two refrigerant circuits with two compressors. 4.1.2. New units shall have factory applied anti-corrosion treatment on evaporator and condenser coils. 4.1.3. Air conditioning units shall be furnished with fire dampers and duct smoke and fire detectors as required by the Building code. Such detectors shall be fully compatible with existing building fire alarm system. The smoke detectors shall be installed and connected to the existing fire alarm system by the contractor. 4.1.4. Units shall be supplied with two stage heating. Only AC Unit # 4 has unit installed heaters. The remaining four units have duct mounted heaters. 4.1.5. All duct modifications shall be metal. 5. CONTROLS 5.1. Units shall be supplied with two stage cooling, two stage heating, electronic programmable thermostats, located in the occupied areas. 6. ELECTRICAL 6.1. Contractor shall be responsible for the electrical work necessary to complete the job. 6.2. Contractor shall replace electrical disconnects. 7. PLUMBING 7.1. Contractor shall install and secure all drain lines on air conditioning units. 8. EQUIPMENT 8.1 Contractor shall supply all cranes, lifts, hoists, and all other equipment necessary to lift, remove, install and discard of all debris, install new units, and successfully complete the work. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 23 MAR-26-03 WED 03:45 PM THERMAL CONCEPTS FAX NO, .. " P. 03 21st" STREE'r COMMUNITY CENTER HVAC RENOVATIONS BID # 32-02/03 Bid Pn)pos~\ll)llge 1 of2 We propose to furnish all labor, machinery, tools, mC~lns oftransportation, supplies, equipment, materia.ls, services necessary for the HV AC Renovations at the 21'\ Street Community Center, in accordance Witll these specifications. !;,JF..SCRIPTI()N' OTY. 1) HVAC EQUIPMENT (SPF.ClfY.TRANE,CARRlEROR 'tORK): AC#l, SELF.CONTAINED A1.C UNIT 20R-230VIJPHASE 1 EA MAKE/MODEL: Car.r.i.~.;r: /5 OT FFOJ..2.=.5_ ~ SELF-CONTAINED A/C lJNlT.20&.230VlJPHASE MAKEIMODr.LCarrier/5Q.llTFF012-S 1 EA ~ SELF-CONTAINED NC UNIT 208-2JOVIJ"PHASE MAKElMODEL:_ Carr;i.QI:J SOTE-'FO 12- ~ .Lli6. AC#4: SELF-CONTAINED NC, UNIT 208.2jOVIJPHASE MAKl1'MODEL:.!:ar:ri p-r 15QN=Jllp-5 . I F.A AC#S; SELF-CONTAINED NC UNIT 208.2JOV/31'HASE M/l.KE./MODEL:_Carricr..l..:;iOTFFO'12- 5 . I F.A TOTAl. BV AC EQUlP"MF.:~T (AC# 1. THRU. S): 2) LABOR.: 3) CRANE: 4) DUCT WORK; 5) ELECTRICAL WORK; 6) MISCELLANEOUS: 1M 1~1'T PRICE TOT AI. $8321.25 $8321.25 $8321.2.5 .$ 11, 5_0.0 . 00 $,6321.25 S 4 4 , 78 5 ,-Q.Q. s 5 , 3 5 4 . Q.Q. s 4,436.00 -.- s 1,378.QO s--1~, 169.00 S 11.160.00 GRANDTOTAL:S 71 9QOj 00 Seventy One Thousand Ni.ne Hundred Ninety Five and 00/100 \Vritten AmQunt [)clivery of NC units 30 - '1 ~ays ARO Wammty l-I?ert. Ycor:>(Scction 2.17) 5. Compressor BID NO: 32.02/03. CITY OF. Ml..M1BEACH nAT1~< 02126/03 24 MAR-26-03 WED 03:45 PM THERMAL CONCEPTS FAX NO, p, 02 THERMAL CONCEPTS"HC. Air Conditioning. Refrigeration. Ductwork. System Controls. Insulation · Facilities Management 2201 College Avenue Davie, Florida 33317 Broward: (954) 472-4465 . Dade: (:nil 940-0381 Fax: ~) 370-6410 CACO 39621 . CSCO 48961 . CGCA 07838 03-26-03 Marta Fernandez 1700 Convention Center Drllle Miami Beach. FL ,33139 Dear Marta As per our meeting on D3-2S-03 at 21 sl street Community Center, I found out that unit # 4 is a 15 ton system instead of a 12.5 ton, that will change the M # to be 50tj-016-5 which is a 15 Ion unit. Also . the duct heaters for all the units will come installed in the equipment, I did discuss this with Ralph Moreno and he also agreed. Duct Heaters: Units # 1 and # 2 will be 7.8 KW. # 3 and # 5 will be 12 KW and unit # 4 will be 42 KW. . OfllieR AilltlleSlea fer sir S8elea "'eat Jltllflf'lS. 19 tePllfftits a~l!!iti81'181 S -4029.99. seEm, 1~ teft R8t e-:ailalilI8. _,'.~~ Jorge Benitez Account Manager SALES & SERVICE & INSTALLATION Dunham-Bush Authorized Service Staefa Control System Authorized Dealer 21 ST STREET COMMUNITY CENTER HV AC RENOVATIONS BID # 32-02/03 Bid Proposal Page 1 of 2 We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the HV AC Renovations at the 21'1 Street Community Center, in accordance with these specifications. DESCRIPTION OTY. I) HV AC EQUIPMENT (SPECifY TRANE, CARRIER OR YORK): UNIT PRICE TOTAL .illt..L SELF-CONTAINED A/C UNIT 208-230V/3PHASE lid MAKE/MODEL: M:Ji..L SELF-CONTAINED AlC UNIT 208-230V/3PHASE MAKE/MODEL: I EA aQL1;. SELF-CONTAINED AlCUNIT 208-230V/3PHASE MAKE/MODEL: lid AC#4: SELF-CONTAINED AlC UNIT 208-230V/3PHASE MAKE/MODEL: I EA AC#5: SELF-CONTAINED A/C UNIT 208-230V/3PHASE MAKE/MODEL: TOTAL HVAC EQUIPMENT (AC# I THRU 5): 2) LABOR: 3) CRANE: 4) DUCT WORK: 5) ELECTRICAL WORK: 6) MISCELLANEOUS: $8321.25 $8321.25 $8321.25 $ 11.500.00 lEA $8321. 25 5 EA $ 44.785.00 $ 5.354.00 $ 4,436.00 $ 1.378.00 $ 3.169.00 $ 11,160.00 GRANDTOTAL:$ 71.995.00 Seventy One Thousand Nine Hundred Ninety Five and 00/100 Written Amount Delivery of A/C units 30 -4 41ays ARO Warranty 1- Part Years (Section 2.17) 5 Compressor BID NO: 32-02/03 CITY OF MIAMI BEACH DATE: 02/26/03 24 21ST STREET COMMUNITY CENTER HVAC RENOVATIONS BID # 32-02/03 Bid Proposal Page 2 012 PAYMENT TERMS: 2%110 EOM. If other, specify here ANY LETTERS, A TT ACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: Jorge Beni tez COMPANY NAME: SIGNED: Bidders!!!!!ll. acknowledge receipt of addendum (if applicable). Addendum No. I: 3-7-03 Insert Date Addendum No.2: Insert Date NAME/TITLE(print): Jorge Benitez, Accounts Manager ADDRESS: 2201 College Avenue CITY/STATE: Davie, FL ZIP: 33317 TELEPHONE NO: 954-472-4465 FACSIMILE NO: Q'l4-170-fi410 BID NO: 32-62/03 CITY OF MIAMI BEACH DATE: 02/26/03 2S .."" I V U,J WL:.LJ U;.J.;.J~ f11 I nr.IUJHL LiuNLitr I;;' l' AX NU. MAR 19 20e3 4:17 PM FR CARRIER CREDIT DEFT 247 2016 TO 88544724425 50TFF Single-Package Cooling Unit with Optional Electric Heat - Guide Specifications - Performance Summary - Certified Dimension Print SUBMITTAL DATA FOR 21ST AVENUE COMMUNITY Miami, Florida Thermal Concepts Jorge Benitez 3/19/2003 ROllftOp Pkg. Unllll Ei.1l3 @2002 Carrier Oorparation . Synle\llle. New Yol1c, 1~a1 P. 02 P."" ReInlie D.le 1~ IUID. - 1 "-U;J WJ:.U NAR 19 20133 UO' 0'::: rn I HtKnAL ljUNljr.J-'l~ FAX NO. 4'17 PM FR CARRIER CREDIT DEPT 247 2018 TO SSo44724425 p, 03 P.02 - -, -....- ~ - ftf. ;t ~~. / 9~ O,P I;{vt I P lJfr ;zJ' C{lrrier I ... -.. - - ---~.-_......-~ Guide Specifications Packaged !rooftop Electric Cooling Unit Constant Volume Applicatioo J:J.. /()...~' fIV AC Guide Specifications /" ,/ P. Si:te Rmge: 0 (?-- J ,. 'I" 3 to 1%112. Tons, Nom~OaTFI (COOling) ~/"J ff h ~ It,( "'" C.amer Model Numbers: .. ~ V 1 r v t;o Part 1 ~"eral lOl SY$TEMDESCR.tl'TION Ourrloar rooftop mounted, electrically eOntrolled h~ng ~d cooling unit utilizing a hcnnot.ie compres:!or(ll) for cooling duty and gas COmbustion for heating dury. Unit shall djscbar~ mpply air vertically 01. hOri>:OIlta11y as shoWD on COl1lrnct dnrwln:s. 1.02 QUALrIY ASSURANCE A. Unit shall comply with the In.inimum r~"iremcDls of ASHRAB 90.1-2001 BncraY Efficiency Standard (SOTM oll1.y). B. Unit shall be ~ted in accordance with ARI Standards 210/240 or 360 and 270, Designed in ~rdana: with UL Swdatd 1995_ C, Unit shall be designed to confonn to ASIJRAE IS, lalest Mlsloll. D. Unit shall be UL-tesled and \:eItified In SCCOldance with ANSI Z21.47 Standards and tJL.liste4 and certified wuler CanadJan slaDdanls as a toral package tor safety requirements. E. R.oof curb shall be designed tA:l conform to NRCA Standards. f-. InS\llation aliI! adhesive ~han meet NFP A 90A requiremenls Cor t1aJno 5Prcad and smoke gencratloll. G. Unit casing shall be capable of witlWlalldinll SOO-hour salt sp~y IlCpOS\UO pee ASTM 13111 (scribed speci~n). B. Unit shall be designed in ac;cordance with ISO 9001, and ihall be manufactlll"llCS in a facility rcglstcn:d to ISO 9002l8S5750, P.in ~, I. Each l1Ilit shllll be subjccted to a completely aUIOlnated run tcstinJ on the a&SeJlIbly line. Units COntain II. factory-supplied printout in~Ilg lested JllC$sures, ampera~, data, and IlISpecton; providing C<lrtificadon Of the unit slatus at the lime of manufacture. 1.03 DELlVJl..RY, STORAGE. AND HANDLlNG Unit shall be $tored and haIldIed per IllMlIfaclurers recommendations. Part Z Products 2.01 BQUlPMBNT (STANDARD) A. Geneml; Factory 3Sscmbled, sloglc-pieco heati~ and cooling unll. Contained within the unit cncl~ure shllIl be aU factory wiring, piping, controls, refrigerant clwso (R.22), and specialleaturas required prien to ",1of7 ....... av "-IV nJ....v V..J...JL. I II J 1u.;.J\l1nL. vvnVL.:.1 1 tJ r"^ l"iU. 4116 PM FR CARRIER CREDIT DEPT 247 2018 TO 89544724425 r. U'l P.03 MAR 19 2003 field staI1-UP. B. "Unit CabInet: 1. Unit cabinet shalt be con5tlucted oE galvanized steel, and shall bo bonclerize4 and coated willi 8- prepaln~ baked enamel Jlnlsh on all e,'l:lemally exposed surfaa::s. . . . 2. BVllJ)Otator fan compal1meat inrerior c..lbiJIet ,lU'faces sl~ he lDSUlated wld1 a muwnwn 1/2-m. thiele, lIb. delUity, flexible fibervIass Insulation. neoprene coated on the air side. 3. Cabinet panels shall be: easily mDOvable tor servicinC. 4. Holes sbalI be providlld in Ihe base rails for rigging shack!. to facilitate l\'IlIIICIlvcring and ovOl1lead rig;in;,. . . s. UlIie shall have a factory-instal1ed, sloped a>ndc:n$alC dram pan made vf a Don-cot'l'OSlVe DIIIIIlrlal. providing a. mlnlmum 3f4-ln.-14 NPT. connecliol'l with bolll vertical and horizoDW drains, and sball comply with ASHRAB Standard 6:1., 6. "Unit shall have a f,tctory-installed filu:r ~ess panella provide fIltet IlCCe$$ with tool-Ias remOVlll. 7. Unit shall have standard thru-thc-bol1om pOWct oonnection capabiJlty ('~1iOI)" kit is required). C. Fans; 1. HvaporalO{Fan: a. Fan shall be direct or belt dr1ven lIS s~own on the cquipmmt drawilliS. Belt drive shall include an adju$l8ble-pitch motOr pulley. b. fan wheel shall be: doublc-inlel twe wilh forward-curvcd blades. c. Bearings shall be sea1ed, permanently lubrlcatecl ball-bepin: type for looser 1= and lower maintenance. 2. Evaporator fan shall be made from steel with a colTOsion-resistaDe finish and shall be dyn:unical.1y balan<:ed. 3. Condc:m;er fan shall be or the direct-driven (w1lb lotally enclosed motors) propeller cypc and shall dischargo air vertically. 4. C~Qr fan shall him: alwniOUl'l\ blades rivclCd to ~lTOslon-resj5tanl Slccl ,spiders and shall be dynamically balanced. D. CompI'CSSor(S): 1. Pully h~UlletiC, internally protected, reciprocating type. (Scroll-type on SON 007.009, 012, & 014) 2. Factory moWlred on rubber grommets and intenla\ly spring mountl:d for vibration t&(llation. 3. On independent circuiu (008~14). B. Coils; 1. Standard cvapoRtor Ilnd cond~r coils shall have alurninwn laoced plate fiDli mechanically bonded to seamIm: internally grooved copper tubes with all joints brazed. ~ 2. Dual compresllOr models (size 008-014) sball have fllCc-sp1i1 type evaporator coil. tf 2. ,orw Coils: Copper-tin coils shaI1 be COnstnlelcd of copJlCr fins mechanically bonded to copper tubes and c:oppcr tube shC4ta. Galvanized steel tube Jheets shall not be ~rable.. A pof1met &trip shall prevent ceil assembly (rom conractiag the sheet rnetal ooil plUI to minlmlu potentlal for galvanic corrosion between coil and pan. All copper conStrUCtion sball provide protection In _ ~ moderate coastal ellvirollmCDts. Y'b. .\'!-Coated aJuminwn-fin coils shall bav!: a 1kxib!o epoxy polymer collin: uniIonnly applied 19 all cOil 5urtaee &leas without IIllltcrial bridging between l1J1$. Coating proceliS shall ensure complete coil encapsulatioa. Color shall be high gloss bIack with gloss 60 (leg of 65 10 90% pet ASTM DS2J-ll~. Unifol"lll "I:)' film tWcknc9S from 0.8 to 1.2 mil an :uJ SUlfaa': areas including liq .ul80S. Superior hal-dnl!S9 e"-'acterislics of 2H per AS1M D3363-92A and cross-hatch adhesion ot 4B-58 per ASTM D3359-93. Impact rosiswu:e shall be up to 160 In.-Ib (ASTM D27~4.93). Humldily and waltr Immcraion rWslaDce shall be up 10 minimum 1000 and 2~O bours n:spectivcly (ASTM 01147-92 and ASTM 0870-92). ConwlOIl Palllt2of7 Ilm\ I" V,J WJ:.U UO' OJ rn J t1t.KrlHL liUNlitt'l::; FAX NO. 4:18 PM FR CARRIER CREDIT D~PT 2~7 2018 TO eS544724425 P. 05 P.0~ MAR 19 2003 dllrability dWl be confiImcd throulh lesting to be no less thall 1000 hours salt spray pet AS1'M B117.90. Coil C'OIlSIl'UCliQn fha11 be alvmiDtun llns tnechanlceI.ly booded to copper tubes. V B-Coatec1 copper-1in colis shaU have a nC!xiblll: epoxy pi [}'Iller coating uniformly applied to aU ^ coil surface areas without malllrial brid:i", bClWU1\ fins, Coating procesf J:h4l1 e,!sure eomplele coil cncap&UJation. Color ~baIl be high glQ8a black with Sloss 60 dcg of 6S 10 90"10 pel' ASTM D523.89. Uniform dry film thl,kDcss from 0.8 to 1.2 mil on all sutfal:e an:;l5 inclucling lin edges, Superior hanfness characteristics: of 2H per ASTM D3363-92A and cross.hatch adhesion at 4B-SB per ASlM D3359-93. ImpKt MlstanCe shall be up to 160 In.-1b (ASTM D2794-93). Humidity and watet imnmsion tefistallco shall be up to minimum 1000 and 250 hours respectively (ASTM D2247-92 lUId ASTM D370-92.). Corrosion dW'llbility sl1al.1 be confinned 11Irough tostillg 10 be no less than 1000 hours salt spray per ASTM 8117-90. Coil construcpo~ shall be copper tlns llIOCbanically bonded to c:opper tubef wilh COpper tube sbeets. Galvanized steel mbe sheets ,ball not be acceptable. A poIymcz slrip ehaU prevent coil assembly from conract.ing sheet mew coil pan to maintain coating Integrity :md minlmi20 colTOsloo ]lotenl!al blllween coil /IlId pan. F. Heating Section: l. May be equipped with Iield.insct.lled eleclrlc rc$istance heater(s) of Ihc charactcristic;s .baWD In lite equipment schedule. 2. Heatm. eJements maIl be open wire rype, adequalCly SUppOlted ancl ilJ&Ulaa:d with ceramic burhings. G. Re:liigerant Componell\5: R6ftigerant circuit componenlS shall Include: 1. l'bcc4 orifice mc:tc:rins .,._m (AcutrolTM). 2. Be6iprant altor dria. 3. Service &age connections on suction, discharge:, a.od liquid lines. H. Filler Section: 1. Standard filter SC(;tion shall consist of factory-installed, low velocity, throwaway 2-in. lhlclc .fiber;lan filters of t:Omrnen::ia11y available sizes. 2. flltcrfltce velocity shall not exceed 320 ipm at nominal airflows. 3. Filter scction should USCl only one sia filter. 4. Filters rhaI.I be accessible lhrouglt an access p;mc:l wilh "no-tool" removal. 1 CQntrOls and Safeties: 1. Umt Col\trols: Ullit abllJl be complete 'With self-eon18ined low-voltaic contrOl circwt prol.ccled by a fuse on the 24-v transformer side (008-014 units have a mettable circuit breakec). 2. SafetJ.es: a. Unit shall iDc:mporale a solid-8fale COmpressor protector which provides a~ti-cyc[e reset ~abi1ity at the space thermostat, should any of the tilllowing standaJd safety deYices trip and shut off compressor. 1) Compressor avettemperature, OV41'C11n'eht, 2) LosHt-cbargellaw-presswe SWitch. 3) Fr<<7.e-promction thclmoSlat. IWilPOfl1l0t coil. 4) High-pressure switch. 5) Automatle reset molar tbermal overload ProteclDT. The loc:kOUt protection $!\all be eaJ:ily disconnected Ilt thi conlrOl board, if n~. b. HeIlting sectiol\ JhaJl be Pfovld1l4 with the following miaimU(ll protecrlOD&; I) High-lemperaIUM limit SWiiehcs. 1. Opemtin, Characteristics: 1. Unit shalI be capable of staning lInd running at 115 , ambient outdoor temperature, meeting Pe80 3e1f? lIMI\-ll'-U~ l'lW U:l.:l~ rn JI1t.KnHL liVl'llit.t'I::J l"Hl\ NV. MAR 19 2003 4:18 PM FR CARRIE~ CREDIT DEPT 247 21318 TO 69544724425 Y. Uti p.es maximum lood ~ritcrla af ARI Standard 210/240 or 360 at:t 10% voltag~. (SOTMDO!l. 014 arc capable of US F :ambient outdoor temperature). 2. Compressor with sr.andard cOlllrols shall be Q.pablc of oper;atlon down to 25 F ambient outdoor temperature. K. Elecuic:al Require.lllMlS: AU uult power wiring sbaU enter unit cabinet at a single faI:tory-predrilled location. L. Molol'$: 1. Compressor motors sball bl: cooled by refrigerant ps passlng through mOUlt windings an4 sball have line break thcrmll! ancl current overload protection. 2. evaporator-fan motQr sball have permanently lubri~ted bearings IUId. inherent automatic-resct thcnnal owrload protection. Motors arc designed and qualified 10 the "air-ovct' location downmeam of lbe cooling coil and cart)' a "maximum continuD\lS bhp" rating that Is !he maximum application bhp rating :for the molar; no "safety factors" llbove thal raune may be applied. 3. Totally enclosed condenscr-tan moLor shall have pem1anentJy 11Ibri~d bearings, and inhorcnt 2l1tamatic-reset thermal overload protection. M. Spc:ciaJ Features: Certain fcatun:s are not applicable when the 1'ealures desisoated " ate specified. For assistance in amendinS the specifications, contact your local Carrier Sales Office. ONLY CHECKED FEAnJRES AIui APPLICABLE.. .. 1. 0 Carrier PremlerLlnkTN Conr.rols: ll. Shall be avail2b11; as a 1lldory-InstaIled or as I field-installed access<ny. b. Sball work with CCN ~d ComfortVlEWN software. c. Shall bll 'ompatible wi!h ConifortLink'N controllers. d. Shall be ASHRAB 62-!lY eompUanI. e. Shall a~ept a CO2 selJSDr in tile ~ndiriollCd 8plICC l:>cmand Control Ventilation (DCV) Ready. f. Shall have balld communication rate of38.4K or rasr.er. g. Shall be Internct Ready. h. Shall include an integrated econowzet' ClOJIllOllcr. i. If al\ ea>noml7.ICC is specified. the "EconoMi$e.r2 with 4.20mA actuator and DO microprocessor contro~" Is J1<Iuired. · 2. 0 Direct Dlgillll Controls (Apollo): a. Shall be IMilable as a :factol)'-iDsraI1od. option. b. Shall actively monitor all modes of opention. 8$ well 115 evaporator-fan Sl4tus, tUEer status. hllloor-alt Quality, supply...air te.mpcralW'e, aJId outdoor-alr IClI\POllIture. c. Sball work mth Cartier TEMP and VVTIl sysTCl1IS. d. Shall have built-in dillJlrloatJcs f~ thermostat commands for both mged beatins; and coolins, evaporator-fan operation, an4 economlzct opc:tation. c. Shall be equipped with a S-mlnute time delay between modes of operation. 3. 0 Roof Curbs (HorizoruaJ and Vertlcal); a. FOfllled galvani7.lld _1 \l'ith wOOd ll8i.1er strip and shall be capable of supporting Cntire unit weight. b. PQtmirs installauOI\ and securing of ductwQJk.lo curb prior 1.0 mountin: W1it on the curb. .. 4. 0 Inlcgmlcd Economi:a!li; a. Inlegrated integral moduIatll\g type capable of simultaneous eeonooWer and c:om~r OpellltlOn. b. AvaillIble as a factO!)' inPtaUecl option In vertical supply/tctum conflg\lratiOll oll1y. (Available lIS a ficld installed -lY tor horizontal andlor vertical Supply return lXIntlgul'll\.lOD!l) Q. IlI\lludes all hardware and l;Qntrols tD provide cooling witll OIltdoor air. Page" of7 nHI'l.-Il:l-U.:l Wtu U:l;:l.:l rn I HtllTIHL liuNlitr I::> rHX NU. MAR 19 2003 4:19 PM FR CARRIER CREDIT DEPT 247 2018 TO 89544724425 1'. U ( P.06 s. d. Equipped with low-leakage dampers. not 10 exceed :1% le:llc:agc at 1 in. wg l'rcasure differential. e. Captb1e of introducing up to 100% outdoor air. L EconoMiSer2 shall be equipped with a bluometrl, relief' damper. i.Desiened to close damper(9) duriJJ& loss-of-power situadoM with emergellOY power I!11pply (Durablado economi'l;er) or spring reblm built iMO motor (EamoMtSeJ2). h. Pry bulb outdoor-ilir remperature sensor shall be provided as JWIdard. Outdoor air sensor opeDa at 67 F, closcs al S2 P and ill non-acijU5tablc. Enthalpy, di:ffereatial temperatLtnl (adjustable), and di.lferential enthalpY control shall be provided as field ill5talled lICCCS5Ories. l. Durablade econon\izcr is a guillotine-style damper. and tbc EconoMiSer2 Is a gcar-<lrlvcn parallel blade dl!liigu. h. EconoMiSer2 microprocossor control shall provide control rtf internal building preasure through its accessory power c:xhauat function. Factory set at 100,,"0, with a 1'll!I&~ of 0% to 100%. J- &onoMi$er2 sllllll be: capable: Qf control from a 4-20ma signal through opllOllal 4-20mA ~ign without microprocessor control (required for PrcmierLlNK or 3rd party control interlace). k. Ec:onoMiSeI2 Microprocasor Minimum Damper Position Scaillg potentiolllClllt' maintains ~ minimum airflow iDlo the bLlildlng during occ;npicd period (damper position du.ritlJl" heating ). 1. EconoMi$er2 Microprocessor MalCimum Dampct Position Setting potentiometer allows JnstaUer to limit the amount of outdoor airflow into the building, when C02 ovonidc;s th<; mJxlld air sensor. Settinlt the maxi1llll1ll position of the damper prwents the IntrodllCtion of 1arp amounrs oh hOl: or cold air into tho sJllICC. In. EamoMi$er2 MicroproCll&5Or IAQ control- modul~ the OIltdoor air d2mper 10 provide vOIItUatlon based on the: Optional2-1Ovdc CO2 sensor inPllI. n. EconoMi$er2 M1croptocesllClr Purge or Sbatdown modes: rcquinl optional Honeywell S9(i3B 1128 potentiometer ( US ollln ). o. 2rpn:SBor lockout sensor (Opens at 35 deS. F closc:s at 50 deg. F IWJ Manual Outdoor-Alr Damper~ Manual damper package shall collSist of damper, biJdscn:en, 1Il'1l! ralnbood which can be: plCllct to admit up to SO% OUIdoOl' air for year tOu1\d ventilation. o 1(10% 'I\lio-l'osition Damper; a. Two-J'Ositlon damper paclcage shall include single blade damper and motor. Admits up to 100% oUldoor air. b. Damper shall close upon indoor (cvaporator) fan Ghutolf. c. DC$ipod 10 clOiSe damper during Io$s rtfpowcr sitoations. d. !!guipped with IS"- barometric relit! dampct. C] 2'''- Two-Po8ition Dam~: a Two-position damper paclcagc shall include sin,g1e blade damper and motor. Admits up to 25% outdoor alr. b. Damper shall close upon Indoor (evaporator) tan shuloff. o Head PressUJ"c Conuol Packaic: Consists of solid.st~ control and condenser-c:oil temper.llurt SeIISOr to maintaln CODdellSitlg temperature between 90 P and 110 F at oul.door ambient IQQperatures down to 20 F by oondcaser..ofun speed modulation or condcm~r.fan cyoling IU1d wi.o.cl baSks. o Ehlctronie: Prosrammablll Tbemlostat: Capa'b1e of t181ng deluxe fWl-featun:d c1r:clrom<; thenhOSlat. Sballll$e built-in compJC550r cyde delay QOntrol tor both beuin: and coolin. duty. Capable of work in; wlrh ClImer direct disital controls. · 6. · 7. · 8. .. El. P"SaI'7 lInl\ - I\'-U') Wr.U U:>':>'1 r n I nt:.KrIHL l.iUNl.i!:.t' I:; I' AX NU, MAR 19 2003 4119 PM FR CARRIER CREDIT DEPT 247 2018 TO 89544724425 p, 08 P.07 .. 10. 0 Ught Commercial TherJnidistat: Shall reeu!att ttm~ralure aDd hluoiclity from one locaIlon. AulOmatic humidity control acijultl indoor hwn1clily based on tho outdoor temperllture! sensor, . 11. 0 Thennostat and S\lbbase; Provides staged cooling IInd heating aulollW1c (or manual) ehanceover. fan control. a1\d indlcalor lillIt. .. 12. 0 Condenser Coil Hail Guard A.ssembly: Hail guard shall protect against damage tiQm hail aI1d flying debris. .. 13. 0 UAit-Mounlcd, NOll-Fused Disconnect Switch: Shall be factory-insta1kd, i!rtcmalIy mounted. NEC and UL approVed non-fuscd switch shall provi4c unit power shutolf. Shall be accessible from outside the unit aAd shall provide power off lockout capOlblULy. .. 14. 0 Convenience OUtll![~ Shall be fac:tOI)'-inli1alled lllId inl.etllally mounted with easily ~le 113.y female receptacle. SlWI include IS amp GFI receplllCle willl independe<<lt fUse proteCtioll. Vo1mse required to operate convenience outlet $hall bo provided by a factory-installed stcp-down Uanaformer. Shall be ac:ccssiblc from outside !he 'llnit. 15. 0 Alternate Indoor Fan Motor(s) aDdfor Drive(s) (0040006, 008, 012. 014): AllOmate motor(s) and drive(s) sball be faclory-insla.llod to provid" additional perl"ormance rll!l(e. 16. U High-Statio Indoor fan Motor!&) and Drive(s) (004-012): High-static motor(f) a.l1d drive(s) shall b0 !Pctory.installed to provide additional performance [~e. 17. U Condenser Coil Grille: The grille protects !he condensct coil from damage by large objects without incr=asing UIIit clCllra1)c;es. 18. 0 Compressor CyclQ Delay; Unit shall be prevented from restarting for miJUmum of 5 mill, a1tor shutdOWll. 19. 0 Thru-tbc-BoUom UtiUl.)' CODlwctOrs: . Kit shall provide ~nnCClOrs tll pormIt COnlloJ and Cl~ca1 c:onllettions to be brou,ht to die lIIIit through !he basepan. 20. 0 Fa.nIFilur Status Switch: Provides sll1tus of indoor (evllPOl1ltof) fan (ONI om or t11lCl' (C1.BANIDIRTY). Status shall be displayed over cOmmunicadon bus when \l$ed with direct digilal controls or with an iodicatPl' light at !he thermoslal:. 21. 0 EnergySRecrclBt: The pactap shall be an outdoor rooftop Or sunacc Mll\Intcd, clectronica1Jy oontrollcd, air-Io-air heat pump unit utilizing a hennelic OOmpresSOf for cooling and heating duty, The EncrgySRecyclcr sIWl recover energy from building exbaust air and p,ooonditloll ventilation air to allow higher ventilation requirements and mlnimizing energy con. This option shall be available with the following: a. A mountinlr Itk for the ElWaYSRecyclt:r for cantilever mounting off of the rooftop unit with OUt the ll$l!! of a sl:&b or a roof curb. b. ^ supplC.lncntary supply air 1im kit to provide Increased air movement into the 62AQ unit. C. A field InstaJled 460v to 208/230v transformer 10 provide power when the 208-21011/60 l!nergyS~er is UBed Wllll a 460 V rooftop unit. 22. 0 EcooOMiSer2 and Power fuchaost: ~ge shall provide conllOl of inIcma1 building pressul'IJ. The power exhaust system sball c:xhaust up ro t 00% ot retI1I'Q air (vonleal only). P3g0tl fir 11"1\- J tj-Uj ww un;:>4 I'n I Hl:.KMAL CUNCt:YIS FAX NO. MPR 19 21211213 4: 19 PM FR C~RRIER CREDIT DEPT 247 212118 TO 89544724425 P. 09 P.I2IS 23. o Power Exhaust Accessory fat EcolloMiSer2; Power exhaust sball be used In conjunction with EconoMi$etZ to provide S)"1Cltl eldlaust of up to 100% of'return air (vertical only). The power e.duaust is a field-installed accwol)' (.separate vertical and horizontal design). NOt\), horizontal power exhllUSt I. Imended ID mount in retUI1l duc;cwork. As tho Outlfoor-alr damper opca& and closes, both propeller falls are eneqized IIDd ~nergi_ throtqlh the end 8~teh (potentiometer) located 011 the EconomiSer2 colluol1cr. The end switch Is mClOry Silt atlOO% of outdoor.air, and Is adjllsrable O-lOO%to me;l specific job requlrQments. Available in 208/230-1-60V or 460-N50V. An LED light Oll the controller j"dic:atN when du: ~ exhaust Is operatin,. o Outdoor Air Entbalpy Sensor: The o\ltdoor air enthalpy 8COSor shalJ be used v.idl the EconoMi$er2 device to provide single enlhalpy control. When wed in co>>JunCllon mth a r~ a1r enthalpy sensor, tbe ~nDMi$cr2 device will provide cliffCrential enthalpy control. The sensor allows the EconoMiSca conuoller to detennine if outside air is sWllIble lor ftcc cooling. o Return Air Enthalpy Sefl$Or; The tL!tUm air enthalpy sellllor shall be Qsed widl the EeonDMiSer2 device. Wben used in conjunction wIth al\ outdoor air enthalpy sensor, the EconoMiScr1. device will provide di1feremlal enUlalpy control. o Return Air Temperature Sensor: The rclllrn air temperatUlt scn.5Or shall be used wb:h tbe EoonoMi$el'2 deviQll. When used ill conjunction with the standard outdoor air tcmpllrature sensor, the ~noMi$er2 device will provide differential tempenture conlrOl, o Outdoor air I Return air Temperature Seasor (adjustable): Optional sensor ~cs (4) ranges on ~eoDOmJSer2 microprocessor to control outdoor air damper and comprcaor operation. o Indoor Air Quality (CO2) Sensor. a. Shall bave the ability to provide demand ventilation indoor air quality (IAQ) COIII.TOI through the Economi$er2 witb an IAQ ecntor. b. 11Ie IAQ SCJ\lIor shall be available in duct. mount. wall lDOD%lt. and wall mount with LSD diipJay. The set point shaJJ havc adjustment capability. c. Requires Economl$cr2, PremierLink, or Apollo cDntrol options. a Power Exhaust Auxiliary Transformer: Field Installed 57S v to 230 v ttansformcr to provide power to the 230 V power c><hil1l5t when 3u:\lcbcxl to a '75 v rooftop unit. o Ultra-Violet Germicidal Lamp5: U1tra-vl~let ;ennicidal lamps are desiped to :ElimilWe odor causing mold and fungus that may dc:v"l~ In the Wet area of the CVlpontor section of the unit, The hl8h OlltpUt, low tCll1porature gcnnlCldall:unps are field inSllllled In. the evaporator section of !he unit, aimed at the evaporator coil and condensate pan. The short 'Wav&-longth ultra-violet IIllIt iJlhlbirs and kills mold., fulllU5 8l\c1 microbial :rowrll. The lamps have an output rating at 4SF In 400 [pm airflow of 120 mierowanslcrn2 at I meter. 24. 25. 26. 21. 28. 29. 30. Pag87of7 nHK-l~-Uj Wl:U Ub:b4 t'M THtt<MAL CONCEPTS FAX NO, MAR 19 2003 41~0 PM FR CARRIER CREDIT DEPT 247 2018 TO 8S544724425 "~--~~~-j ProJoct Narne: 2111t Avenue Community 3119/4:003 Prep.red by: CBrrillr rlorlda 4:06:56 PM Project Name: 21st AVliln&lQ community Tag Name: Unit 1 Unit Name: 5OTFF012 ARI eER IPLV Ba~ Un. Wtllgl!l 8ase Un~ Oim8llsionB: LOfllllll . Wdl"-______ Helghl unit VlllIagO-Ph_.HGrtz Air Diseh8rge Fan OI'iVl:l Type! __ AdUllllllrflow.__._..___ sn. ARMude Cand"",,er entering Air D~ El/ilp<If'lIlar ErdetIn" Air DB Evepomto, Entel'\ng AirWD_ EllI.,jno Air F.ntIlalpy. EVllpor1Ilor l.eaYlno Air DB~ EYllpora\or Leaving Air we ~ll;l\Iln9 Air Enlhalpy Gm:. Coclling c.plclly__ G~ Scn.ible CIIpIICiIy COmpl~'or Power '"pill Coil ~ Flll;\o(___ Eleelno HealinQ Capacity E..I<<TlII SlotiQ P'.'''llI'''_~ Op~~ I A~ Sialic Pl'K$urQ; EleclIic Healels_____. Tatal ElCeloI'\<ll Sho6c Fan RPM FBn PGWeI'__ E1ectric:lll Data: MInImum V~ MlIlIimulll Vaftll!le C~~or RIA (ee) Co~arlRA (n) Nom. F.Jaelric Ht:tII.r IN\I EI.c1rio H....' FLA _ Otltdoor Fa" Motor QIy O\ll<lOOr FlIn Motor HP eea) _ Ollldalll' F:ln FLA eOQ) Oufdoor ren Molar LRA eee) Indoor Fan Malar type ~__ Indoor Fan Molar FLA r-riNe1 Supply MCA Powor Supply MOCP (FilS. or MACR) Mln. Unit Di:IcoM~ F'LA MIn. \Jnil Dlflf:ftnnect ll'lA _. Er~ctric:81 Convenienc;e Outlet '--.... P. 10 P.09 '.00 1.4 .,. Ib o-r14 B7.4 In n.lln 41,S In 2~"O V.,ucsl lie. 4000 CPM D II 91.0 'F 10.0 'f "'.0 ." 31M BlIIIIb 1t,0 'F 57.5 'F 24.71 BtaIlb 121.34 MBH "... MBH 10.71 kW 1.121 7.BO kW 0.&0 in wg 0.12 In wg U2lnwg m 1.8 BHP '17 2M 15.1 130 7.. 21.7 2 114 1.4 3 Sl~ll~ ... 44.2 tlO '5 307 None Carrier COrpO/l:ltiDn Ver.tiDn 5.83 Page 1 of 1 Rooftop Pkg. Units 11"1\- U'-UJ WW UO' 00 rrl I t1t.KrlHL liUNlitt'T:J FAX NO. MAR 19 2003 4:20 PM FR CARRIER CREDIT DEPT 247 2018 TO 89544724425 P. 11 P.10 ~~~'I:C01 ~ "C'''' Ie .1- II' 1=. I~I .t I. II Ii il~ ~I .tl In 'lit !I~ ""' " ~-: J~" ~iU !! ~~ ~ ~, ~ ;:e ~ ~T~fooa.OO~.OJ2 l C,. 5JJ\lGJ r 7Q"E...~~EcTAJC cnOl ,... -'-L~~~Oi;,;s B ~;f LU J5 Q VI ILl C - 1Il I- ;J:; ~ . ;1 i 1;. ~E'" =.-.. -~ ~ ~ .......~ o 'II ;! II . >! ''i ~- .r-~rtl ~!'il r.:- ~"II 'fl~ 'j~ j Ii t ::. ~~ 1i1l !! ~ i t I-w u..o lloI_ ....1Il j !:: 5 i dJ ; t -I ~~l: j~ wS!!~ r ! ~.o!~~ i if, .~I ~i -: ~~ u " ';!~' W ~l oil; !fQ i. .-. 9 R "-118 tl ..- ''l'r ..':.8 ~~ i! B i ~if';; III ~i i.; .-:, ~8"~ ! ~ Ii 3r~;.1 "'J ;!i. J~; i~;~ ~ !l ~ ~ ._~....~ a. !111l "..2 ~~~. s :: ii 1;:f;5: a! ~'Il~ ~~ 88 ii _ ! ~ ; ~ ;~ !i~li:i II!g!,! i~! !: ~~: -. ~.. ~~u .... !lNllr "B n ~ql =, "Ill t'~;;!Q rIU"'if." &lVa- Od ..~.. ''>IN. ~Sl J;:i.~ iu....~uillll;;~f_ ~.~ ~;; i ~ tW :e~ .ISis :r,' ='Iai ... l: .... ~ ~ - . ~ !~.. ,"- ~=, .1 ___ s: $ sr ~ ! ~ .. ~. . . -" . 1Io;:'~ ~~ ~t:a I WI il: _ N " . 1ft .." ..... .. . J ..:.. . ~ ,. - "~ VI '1'. ..~ .... ~ .."... ,~......,............ APR-14-03 MON 02:10 PM THERMAL CONCEPTS FAX NO, p, 03 APR 14 2003 1:47 PM FR CARRIER FLORIDA 9542472097 TO 89544724425 P.02 .. 48/50T J..1 Sf} 48TJD/TJF016, 020, 024, 028 SINGLE~,PACKAGE COOLING UNITS WITH FACTORY-INSTALLED GAS HEAT 50TJ016f 020,024, 028 SINGLE..PACKAGE COOLING UNITS WITH FACTORY.INSTALLED OPTIONAL ELECTRIC HEAT - PERfORMANCEDA1A - CERTIFIED DIMENSION PRINT - CERTIFIED ROOF CURB DIMENSION PRINT - CERTIFIED HORIZONTAL SUPPLY/ RETURN ADAPTER ROOF CURB DIMENSION PRINT - SERVICE OPTION DIMENSION PRINT 50/60 Hz " 'ClDll C"";8r Corpor8\lon . Syr_, Now Yorl< 13221 Fonn 481507J-1Se S"",,"cdo:J 46TJ'14SB. SOTJ.SS8. 50TNSe f'tlht.d in U.S.A. S-98 C3",,09 NO. li'4-80~ APR-14-03 MON 02:10 PM THERMAL CONCEPTS APR 14 2003 I :47 PM FR CARRIER FLORIDA FAX NO. P. 04 9542472B97 TO 8954472442S f.B3 r---'" 4t/SOTJOl~ou, O~. Ow, SlIpCl'Jed..,,' SINGLE PACkAGE COdLINC UNa WITH <lSTl ~"v~: GAS meAT (4JTm SOTl -IS6 0M10NAL ELItCTlUC (50TI) 10B NAM"E~ LOCATION: DUYER; BUYER P.O. II- CARRIER it uNIT NUMBER: MODEL NUMBER: l'ERf'ORMANCB O^TI\. CERTIFIED BY: DATE: G ~ .(1) D~SCRIPTION The 48TJ un111 ....., ",,~.ce .!.,ct;;~ C~!)Iin~~ hca~lne unilJ 1M tho SOTJ unhs &rIl oneoplccc ole01ri. cooling.!opILollol ol...d" hOni Il& \Io1Iic$. p!cwir..d ..w plecb:.saed. Tho 4B1'OTJ units h~v. bOllam air openings r.... sr:pualc slIpply and lCCIIm ductwork, The 48TJD \Illhs ~ low heac unilli lli\d 1M 48TJI' II\: hlJh be.llllli~. The unit i~ lnt.nded for ARJ $TI\NIMRD A"~ 2O~30 InJroJl.otlon on Iln acc..scry ewt (old.,,"d ..,puatell'). Horizoolllal ~upply 8lId rctllrn con- 360 460 VO~T UNITS necUOJ'I' an: .1lI(> pouiblo w;lh ~ fllcl<ny-pr.os"'ftlblcc!, h1W.Nric rc~ honJllnllll COn- vCJsion ,,,l8pt.r roof curb aceCSSOIJ: (ordC1~ :<cparatcly). ot!om dis 0 on concenl!i. IPpIiO.1<Oll' roquim a tr...,sitiOll Ucl (tleld-lllPP\lQd) Oll.tomaI to tho unit. IltATURES Sl:l1ndud C)n~.year wamwy. Coolinil, ~~lolll~ bavo low llftl! IU;h'PIllJS= swilcllll$. "wo-inch five-year w_1)' en lhe comple"'o, (4815OTJOl6), On~ year war- dispo,la 10 t~ rcturo _Ir ftlco... factory i~.d. mnly on th~ c~mprUsor (48/50TJO:ro-o~). Pro.i,ion for alternl. end relUl'llln baso I!nit. HodzoDlal '\lppl~ Units ~re Mod in accord",,,,. ....ith ARI slandard 360. S1andard avaibble by using acccSlOIY CIlW. Econorni= may be llsed wit lInic Is ccniticd ",,<I li.recI by eT/.. and ETL. (".anada. horizontal supply DIld Jl:tum. Low oUldoor 1C1l1'CJlU\l[o ""oling O~atlOllIO 48/5OTJQIII 40 F ThtoO di~t4riv. propeller COndCIISer tans wilh vOtlieal di~cbllr!l. (4 q, 48/5OTJ020 )S F (2 ~8 50TJ024 2S l' (-4 C), ~d (48150Tl016 and 020). ~8/5OTJ028 48 F (9 C) .. sta . Two direct-drive pr~pcll<>r ~ndCIlSOl' fan. ",itJ. vcrti~l diaellQttc DUld fn:OU~lftl protcodon i. I""vidcd .s sCMdard. (48/SQTJ024 M4 028). p,,-, ~toll compl'e4SOrS Wi~l intem,,' liI1ebro:lk overlo:td 48TJ UNITS ONLY I""tllCt;OI\. F.v.-yellS' DPlIlIromcd wananty on "11l1nD,QArdT'" coa'CclliIrllo. Indoor alld oUldoor ClOlla con.lnlete" or lIIurninull1 mil mech.nI. lUbulorTM 11"111 a,hanser. ."ny bonded to sclll"llll$S inlemall)lllloOVlld capp=t tubes. 200$la,c p. hea~ In a sln&lc 2~tago glI~ vlll... Dual tberm:ll expanlion valvo (rxV) lIIctcnnc device.!. TNluoed drall combustion $)"110m wlch Rail effeCt ."Ilfor 10 detcet Filt"r dricr is provided in eac~ tetl-lSmtiOIl clrwit. plDput operadon orjlldllocd-dra~ metor. Optional eo"'~~~r suction ~nd 4ischats-" I'''''''. V3lvu (All). Heavy "'lumagllldâ„¢ _recI hoat exchall&e\'1 willi n1uminiZC<l sl.et Manually adju$tablo ouhlidc air intolcc for up 10 25% olJt$ido: ilir. b~rners. Heming ~ltQbI with lioli4.sfnte dincT spark Ignition I~rem AutomaUo ~h4nt60Ver (when U3ed with lli1 alllO-tIWllle~vor (pilod.st syltem) aard I8dundaIlI ~ valV<l, High tcm!lCTllWle limit thermodlat). switclJe:llnd wto. rc&C1 t111i1lD IV lout ,wilen slalldard. Sinj;lc.poim ~& and oloct.rlc eonnO<ltioDll. DlsotlnneeC ia ~ccord. Int.~d S18 eonl1"Ol bolll'd wlch bull. In eIl.SA';'llie. to dto!&mdn. nnce ""t!. N C musl1>o l'lcl<l''''pplled "'" inotalh:d. CITO\" co,,'" lII>d control fan olllr;ot! delll)'J for CIlCII:Y 'IlvlnJ$ and All unbs uLiliac 2-$1&:0 ecolina. mwmwn ~mfolt eollltol. Bell drivtl Rdju""blo 9V"P"nltor r...,. Integr"'l'<I to: conrrol bOard provide. nntl-oyolo pt'Oloe'ion for Sl'~ Cobinel 0' salvaniud sleol, bondorizC<l lIDd jlni.~h.d wid. pro- hQl opern on. pAimed b3lceil erulrnal. PERFORMAJIICE DATA 1)1111 O~l8riDg Wcislu: Oub WoiJbt C()o~r~ HEATlNq orou renal ~ci~ HOllIin& c.q....il)o: @ Conden,;er Air Tompel";ll\lrt Slag<: I Gro::s SOJI.iblo Cat)QCj'}' Slit. 2 - Carnp",'"", Power lllpl1c HcotinS a.p~.;ty Total IndOOr J>nretlnl': AIr dl> wb Slllp I "'hilow E"t~ Slll.lle Pressut(l . ..... ..... Stllic 2 Indoor Filii Motor SilC Hs~till8 C"I>3C11)' ToIlI Exhaust F<In Motot S jzc - 2 APR-14-03 MON 02:10 PM THERMAL CONCEPTS nPR 14 2003 1:47 PM FR CARRIER FLORIDA FAX NO, p, 05 S5424720S7 TO 89544724425 P.04 ELECTRICAL DATA Volts PhALc Maximum OYcr"~nt P(cltclion Hz 1'ower Sllj)llly 10 Ullic Minlmwn ClrClll1 Amp. Job N:lme SUBMITTAL DATA Atchllccl Sn~r Colltlllc!<lr unit Desi~don FACTORY INSTAI.LED OPTIONS AND ACCtSSORIES D ElcOMllllzer CJ Additional S-Yoar (6tl1-10lh Year) Exlended "relection Plan on tlle J{ear Exch~"l!Or Cl FOllr-'VflQr I!:~tanded Pro!oellon Plan 01\ the ComptOSlror (020,024,028) o Apollo Controls o Serv;.pe cption peo":u6" (hio!(Cd ~ctsS pabOU, non.fuze.! dl'COD- ncer, IIS.v convcnillloo outlet) o Elcotn.:. Hoat (SOTJ Only) FIELD INSTALLED o t;oonomi= o Solld.Slale lin!/wl')' ~I o Diffuentlal Ellthalpy Control o Willler Sr.nlt l'llcbp o Roof CIIlb (1" In.) CI Roof C\ll'b (24 ill.) o Roof Curb (HorizontQ/ Suppl)' llDd ReILlm) FrELD INSTALLED (eo..l) o JlaclOl)' Prcas.emblccl, High Sladc RcgJl.in, Hori.ontal Convc,";"" Aduplor ROQf' Cutb o AAldllional S'Yell!' (6tb-10lb YQlIr) B~lCDdcr;l f'rOtOOllon Plan on Ill. Heal Exchllnge: o pOIl1'oYolIr IlKtCndc~ l>~dOllI'IIll\ 1m the COJnprol~or (020,024,021) o POWOf E.xhalllll o Illl'Ollletric R..U.f [J RDmI'to i;antrol P.....I o ,.homlOS1.t utd SlIbE.wc o Time Ouat<t- Oeviee o Two-l'o~irion DaruJ>"l" PlIDkaso o MQIOlOWU'- Control o Liquid PlOp.". (LP) Cl~ I;.il n H.,U GIlard o Hydl'Qnic (Glycol) eon (SOTS OI~\Y) D I!loo.lric HI!:I1 (SOTJ Only) 3 APR-14-03 MON 02:11 PM THERMAL CONCEPTS APR 14 2~~3 I :47 PM FR CARRIER FLORIDA FAX NO. 9542472097 TO 89544724425 P.05 i" .I~ u S BI ~ 1!1 II. ~ -' = :! HI t< .. ., ..n i ~l .. If i5 ~ ~ ~ ,~j .. I ! !l il s ill Ii ~ :l :; 'II' Ii ~ fJ n 5- ~ ! k~ ~ I: dc, I .2' Ii S T pi AU ~ 5 9 i.1I ,. IrE i I ~ .. - ~ ~ II 11- I~ ~ ; ! : ~ '" S ... <, . 8.. .. Iil!!~ Ii" II = =~a; 0_ !~~ fil, ~ ~ .. ~ ~ t:;" :: !! ~ m~ ~ ~ ~ :z ~ SI 0 v" If" (j; ffi :5 is 0 I.U II: ~ w 0 .aTJO/T~OI~ 4~TJO/TJF020 CO~JN4TI~ 045 ~^TING/ELeCT~IC COOL1~ UNITS '" '" ~ 1!'. .l! ~ ~ ~ ~ i ~ ,"I It f r-~~I S I j I it i It i Q:\h t5 JI i~ ! ~i.~ ;j ~ ~h~~ !i~i II &@!5 i- ~ .'''' "'-ill . ! t;f1 ~ ~DI ,i i ~ - J ~~~ j 1 ii!!ft II ~ . . i i .v- l~ ~~ Ii f iifl}k J j IzI 111 b~ i .w ~ illb; tIff fit i : ~ ,~ ~ f ~ ):.tUw ill~" "old '; 51 "k h ~ ~ a-h:=t;!! ~h'1 I.... h~ .i:~ iag!~~~~ g~n ill ife li~ j j ..t~m~t~~JJ~Ir; .~tf &~. ~IJ~t!i!jIJJt)~IJ!l; Di twua!~ .... . t " .sj C~" Z"':Nri ... Awl ,.: .w': ! :!liS ";;: . ~ ~ .~ ~ 5 ~ " " '"ill ,,- -" =.. ~~ ~~ ;Os ~w ~~ . ii ;:: r:: ii!.rI: !! -.. :EI , .r: -; 'I'll .. .; !l .; ~ >1 S.. i .. ~E S .. ii= ~8 - ~~ u~ . ;0 It ~~~- I, ~" ~~ " i .. P. 06 :l! " c ~ -Gl d .; II E ! . !'i i ih ~ ~~ =S~ .: . 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'" 21.' 1115 :I 1/2 1.7 3.7 1M 81 180 tlO'(.~ ~ carrier Corporation V_rslon 6,83 pag. 1 of 1 Rooftop PI<g, Units ** TOTAL PAGE.04 ** 21 ST STREET COMMUNITY CENTER HV AC RENOV A nONS BID # 32-02103 BID CHECK LIST To ensure that your bid is submitted in conformance with the Contract Documents, please verify that the following items have been completed and submitted as required, X Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2,25 X Execution of Bid General Conditions Section 1.2 X Equivalents/Equal Product General Condition Section 1.10 Special Conditions Section 2,27 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.67 Bid/Performance Bond X General Condition Section 1.34 X Warranty Special Conditions Section 2.17 X Product/Catalog Information Special Conditions Section 2,18 X References Special Conditions Section 2.19 / Page 27 X Bidder Qualifications Special Conditions Section 2,22 X Exceptions to Specifications Special Conditions Section 2.24 X Contractor's Questionnaire (Page 29) BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 26 21ST STREET COMMUNITY CENTER HV AC RENOVATIONS BID #,32-02/03 CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of eight (8) firms or government organizations for which the Contractor is currently furnishing or has furnished, HV AC renovations (See Section 2.19 of the Special Conditions, page 23), 1) Company Name. Rinker Address 1200 NW 137th Avenue, Miami, FL 33182 Contact Person/Contract Amount Kelly Tribble, $10,600.00 Telephone No. 305- 2 29-2 900 Fax No. 305-223-6934 2) Company Name Ci ty Furniture Address 1518 W. Lantana Rd. Lantana, FL 33462 Contact Person/Contract Amount Mike. $1 7 ,400 . 00 Telephone No. 954-597-2200 Fax No. 954-718-3320 3) Company Name Pompano Beach Club Address 100 Briny Avenue, Pompano Beach 33062 Contact Person/Contract Amount Bob Lorang, $93.500.00 Telephone No. 954-781-3380 Fax No. 954-946-9119 4) Company Name University of Miami Address 1350 Miller Drive, Coral Gables, FL 33146 Contact Person/Contract Amount $12,900.000. Samanth Watts Telephone No. 954 - 5 24 -1980 Fax No, 954-713-8193 BID NO: 32-02103 DATE: 02/26/03 CITY OF MIAMI BEACH 27 21ST STREET COMMUNITY CENTER HVAC RENOVATIONS BID # 32-02/03 CUSTOMER REFERENCE LISTING (CONTD.) 5) Company Name HRS Building Address 18301 N. Miami Ave, Miami, FL 33134 Contact Person/Contract Amount Sonny, $32,000.00 Telephone No. 305-652-6252 Fax No. 6) Company Name Johnson & Wales University Address 1701 NW 127th Street, N. Miami, FL 33181 Contact Person/Contract Amount Ron Hughes, $15,980.00 Telephone No. 305-892-7051 Fax No. 7) Company Name Coronado Condominium Address 20301 W. Country Club Road, Aventura, FL Contact Person/Contract Amount Jim Beard, $15,500.00 Telephone No. 305-931-5900 Fax No. 305-931-5902 8) Company Name Kendall Pavillon Shopping Center Address 10511 N. Kendall Drive, Miami. FL 33173 Contact Person/Contract Amount Jose. $120,000.00 Telephone No. 305-669-2700 Fax No. 305-669-2165 BID NO: 32-02103 DATE: 02/26/03 CITY OF MIAMI BEACH 28 CONTRACTOR'S OUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By Thermal Concepts. Inc. Principal Office 2201 Colleqe Avenue. Davie. FL 33317 How many years has your organization been in business as a General Contractor under your present business name? 19 Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? Yes State of Florida occupational license - state type and number: CACO-39621 A/C Dade County certificate of competency - state type and number: City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General Contractor 19 (B) As a Sub-Contractor 1 q (C) What contracts has your organization completed? Contract Amt Class of Work When Comoleted Name/Address of Owner ~pp Arr~~hpn - Arrachemenrs A&B Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? No If so, where and why? Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? No BID NO: 32-02103 DATE: 02126/03 CITY OF MIAMI BEACH 29 If so, state name of individual, name of owner, and reason thereof In what other lines of business are you financially interested or engaged? None Give references as to experience, ability, and financial standing What equipment do you own that IS available for the proposed work and where located? All pxcppr crnne What Bank or Banks have you arranged to do business with during the course ofthe Contract should it be awarded to you? Mprrill r.yn(~h, ,"0 w r.ypre55 r.reek Rd Fr Ldle Equitable Bank. 633 S. Federal Hahv. Ft Ldle. Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. C&F Electric, Inc. 1660 NW 65th Ave #5 Plantation, FL 33313 Miami Crane 10400 NW South River Dr Medley, FL 33178 I HEREBY CERTIFY that the above answers are true and correct. .1orge Ren i re7. (SEAL) /1 /' :7 )/(/Z;~(!/le--t~ (SEAL) BID NO: 32-02/03 CITY OF MIAMI BEACH DATE: 02/26/03 30 THERMAL CONCEPTS. INC. Air Conditioning. Refrigeration. Ductwork. System Controls. Insulation · Facilities Management 2201 College Avenue Davie, Florida 33317 Breward: (954) 472-4465 . Dade: (305) 940-0381 Fax: (954) 370-6410 CACO 39621 - CSCO 46951 - CGCA 07936 COMPLETED PROJECTS ATTACHEMENT "A" F.A.U. Student Service. 777 Glades Road Boca Raton, FL Contract Amount: $856.000 General Contractor: Biltmore Construction Contact: Rick Parker Phone: 727-585-2084 Scope: Install Complete HVAC System Completion Date: 12-00 Hollywood Fire Station 2741 Stirling Road Hollywood, FL Contract Amount: $512,000 General Contractor: James A. Cummings Contact: Mike Lanciault Phone: 954-733-4211 Scope: Install Complete HVAC System Completion Date: 1-02 BCC Student Services 3501 Davie Road Miami Beach, FL Contract Amount: $790,000 General Contractor: James A. Cummings Phone: 954-733-4211 Contact: Mike Lanciault Scope: Install New HVAC System Completion Date: 6-01 Challenger Elementary School 5150 S,E. Willoughby blvd. Stuart, FI Contract Amount: $355,000 General Contractor: Martin County School Board Phone: 561-219-1200 Contact: John Dillworth Scope: Fumish & Install (2) 100 Ton Make-up Air units with air distribution system. Construction Of (2) Mechanical Rooms Completion Date: 11-01 Tamarac Elementary 7601 N University Drive Tamarac, FL Contract Amount: $296,000 General Contractor: Grice Construction Co. Phone: 954-746-9903 Contact: David Grice Scope: New addition of HVAC System to Existing school Completion Date: 8-01 Florida Memorial College Student Servo 15800 NW 421lll Avenue Miami, FL Contract Amount: 282,335 General Contractor: Modular Contractors Phone: 305-592-2884 Contact: Shaun Nowrouzi Scope: Install New HVAC System w/chilled water piping in 6 bldgs Completion Date: 6-01 SALES & SERVICE & INSTALLA nON Dunham-Bush Authorized Service Staefa Control System Authorized Dealer Attachment "A" Page Two Atlantic III 21125 Yacht Club Drive Aventura, FL Contract Amount: $1,727,000 General Contractor: Coscan Waterways Contact: Mark Hutchinson Phone: 305-856-8563 Scope: Install New HVAC System Completion Date: 4-00 Hidden Oaks Middle School 2801 SW Martin Highway Palm City, FI Contract Amount: $1,597,000 General Contractor: Martin County School Board Phone: 561-219-1200 Contact: John Dillworth Scope: Furnish and Install (5) Trane AHU and Air-cooled pkg. Chillers. Construct 5 Mechanical Room additions. Remove and install ductwork and Chilled water piping Completion Date: 8-01 High School "EEE" 15255 SW 96th Street Miami, FL Contract Amount: $3,000,000 General Contractor: SBR Design Builders Phone: 305-592-9399 Contact: Jeny Riveria Scope: Install New HVAC System Completin Date: 5-00 State School "DDD" 1410 County Line Road Miami, FL Contract Amount: $3,104,000 General Contractor: SBR Design Builders Phone: 305-592-9399 Contact: Jeny Rivera Scope: Install New HVAC system Completion Date: 9-98 Lucent Technologies 2400 SW 145th Avenue Miramar, FL Contract Amount: $1,138,000 General Contractor: C&R Mechanical Contact: Jamison Bloebaum Phone: 314-739-1721 Scope: Install New HVAC System Completion Date: 9/00 Marriott Courtyard-Weston 2000 North Commerce Parkway Weston, FL Contract Amount: $630,000 General Contractor: The Weitz Company Phone: 561-686-5511 Contact: Kevin North Scope: install New HVAC System Completion Date: 2-02 Middle School "FF" 18300 Sheridan Street Pembroke Pines, FL Contract Amount: $1,246,000 General Contractor: James A. Cummings Phone: 954-733-4211 Contact: Mike Lanciault Scope: Install New HVAC System Completion Date: 8-97 Coscan/Metropolltan 2475 Brickell Avenue Miami, FL Contract Amount: $1,350,000 General Contractor: Cosesn Metropolitan Phone:30~5~563 Contact: Mark Hutchinson:Scope: Install New HVAC System Completion Date: 3-01 Attachment "A" Page Three Sailfish Point Country Club 2201 SE Sailfish Point Blvd. Stuart, FL Contract Amount: $835,000 General Contractor: Biltmore Construction Phone: 727-585-2084 Contact: Rick Parker Scope: Install New HVAC System Completion Date: 9-01 Muvico-Boca Raton 3200 Airport Road Boca Raton, FL Contract Amount: $515,000 Contractor: Suffolk Construction Phone: 561-832-1616 Contact: Sacha Cooper Scope: Install New HVAC System Completion Date: 8-99 Bay Point School (Juvenile Detention Center) 22024 SW 87'" Avenue Miami,FI. Contract Amount: $640,000 General Contractor: Biltmore Construction Phone: 727-585-2084 Contact: Rick Parker Scope: Install New HVAC System Completion Date: 9-02 David Poznack Hebrew Day School 6511 W. Sunrise Blvd. Sunrise, FL Contract Amount: $518,000 General Contractor: G.T. McDonald Phone: 954-475-8332 Contact: Gerry McDonald Scope: Install New HVAC System Completion Date: 8-02 FlU Multi Function Complex 11200 SW 10'" Street Miami, FL Contract Amount: $1,081,000 General Contractor: James A. Cumming Phone: 954-733-4211 Contact: Mick Lanciault Scope: Install New HVAC System Completion Date: 7-02 THERMAL CONCEPTS, INC. Air Conditioning. Refrigeration. Ductwork. System Controls. Insulation · Facilities Management 2201 College Avenue Davie, Florida 33317 Broward: (954) 472-4465 . Dade: (305) 940-0381 Fax: (954) 370-6410 CACO 39621 . CSCO 46951 . CGCA 07936 PROJECTS IN PROCESS ATTACHMENT "Bn Middle School "MM" 1 0701 Miramar Blvd. Miramar, FL Contract Amount: $1,865,000 General Contractor: G.T. McDonald Enterprises Phone: 95445-8332 Scope: Install New HVAC System Dillard High School 2501 NW 11th Street Ft Lauderdale, FL Contract Amount: $3,150,000 General Contractor: James A. Cummings Phone: 954-733-4211 Scope: Install New HVAC system Middle School "LL" 11000 Hollmberg Road Parkland, FL Contract Amount: $1,905,000 General Contractor: Betancort-Castellon Phone: 305-598-2932 Scope: Install New HVAC System F.I.U. School of Architecture 11201 SW 10th Street Miami, FL Contract Amount: #969,459 General Contractor: Biltmore Construction Phone: 727-858-2084 Scope: Install New HVAC system Middle School "GGnlElernentary "N.91" 11200 SW 10th Street Ft Lauderdale, FL Contract Amount: $2,850,000 General Contractor: James A. Cummings Phone: 954-7334211 Scope: Install New HVAC system The Llncoln..()ffJce Building 1685 Michigan Avenue Miami Beach, FL Contract Amount: $637,150 General Contractor: Miller & Solomon Phone: 305-599-2300 Scope: Install New HVAC System SALES & SERVICE & INSTALLATION Dunham-Bush Authorized Service Staefa Control System Authorized Dealer Attachment "Bn Page Two High School "III 17100 SW 48th Court Miramar, FL Contract Amount: $3.300,000 General Contractor: SBR Joint Venture Phone: 305-592-9399 Scope: Install New HVAC System Abbey Delray Health Center 2000 Lowson Blvd. Delray Beach, FL Contact Amount: Multiple Phases General Contractor: Suffolk Construction Phone: 561-832-1616 Scope: Install New HVAC System Salvation Army Corps Community Center 100 SW 9th Avenue Fort Lauderdale, FL Contract Amount: $475.000 General Contractor: Roepnack Corporation Phone: 954-781-2120 Scope: Install New HVAC system High School "GGG" 5050 Wiles Road Coconut Creek, FL Contract Amount: $1,984.000 General Contractor: James B. Pirtle Const. Phone:954-797~10 Scope: Install New HVAC System Marriott Residence Inn 19800 West Country Club Drive Aventura, FL Contract Amount: $698.000 General Contractor: Tumberry Associates Phone: 305-931-1998 Scope: Install New HVAC system The Hamptons 20201 East Country Club Drive Aventura, FL Contract Amount: $3,900,000 General Contractor: Miller & Solomon Phone: 305-599-2300 Scope: Install New HVAC System BCC Bldg. "5 7200 Pines Blvd. Pembroke Pines. FL Contract Amount: $66,100 General Contractor: Stobs Brothers Contruction Phone: 305-751-1692 Scope: Install HVAC Work City of Aventura Community Center 3375 NW 188th Street Aventura, FL Contract Amount: $200,000 General Contactor: James A. Cummings Phone: 954-733-4211 Scope: HVAC Work esplande on the New River 401 SW 4th Avenue Ft Lauderdale. FL Contract Amount: $1,500.000 General Contractor: Suffolk Construction Co. Phone: 561-832-1616 Scope: Install New HVAC System FAA Boiler 7500 NW 58th street Miami. FL Contract Amount: $419,500 General Contractor: Danville Findor Phone: 305-262-9337 Scope: Boiler Plant Renovations Attachment "B" Page Three FlU FMC Cooperative Use Facility 15800 NW 4200 Avenue Miami, FL 33054 Contract Amount: $460,000 General Contractor: Biltmore Construction Phone: 727-585-2084 Scope: HVAC System Fairways Office Center II 7111 Fairway Drive Palm Beach Gardens, FL Contract Amount: $678,000 General Contractor: Anderson-Moore Cont. Phone: 561-753-7400 Scope: HVAC System Publlx @ Sumlde 9400 Harding Avenue Surfside, FL Contract Amount: $160,000 General Contractor: James A. Cummings Phone: 954-733-4211 Scope: New HVAC System McArthur High School 6501 Hollywood Blvd. Hollywood,FL Contract Amount: $1 ,931 ,121 General Contractor: James A. Cummings Phone: 954-733-4211 Scope: HVAC Work & Remodeling Vista BMW 4401 W. Sample Road Coconut Creek, FI Contract Amount: $423,000 General Contractor: Codina Construction Phone: 305-520-2439 Scope: Install New HVAC System The Peninsula Condo 3251 NE 183rd Street Aventura, FL 33180 Contract Amount: $3,500,000 General Contractor: Miller & Solomon G.C. Phone: 305-599-2300 Scope: Install New HVAC System MDCC Interameric:an Campus 607 SW 27'" Avenue Miami, FL 33135 Contract Amount: $580,000 General Contractor: Dooley & Mack Contractors Phone: 954-345-8288 Scope: HVAC Work & Remodeling Lake Forest Elementary School 3550 SW 48'" Avenue Pembroke Park, FL Contract Amount: $617,000 General Contractor: South Florida Const. Phone: 954-457-7337 Scope: New HVAC System DIVISION 3. LOBBYISTS Sec.2-481. Definitions, The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the City commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas of responsibility. Commissioners means the mayor and members of the City commission. Departmental personnel means the City manager, all assistant City managers, all department heads, the City attorney, chief deputy City attorney and all assistant City attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division, Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any City board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City commission, or a City board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies ofthe City that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, 331,2,3-4-92; Ord. No. 92-2785, 33 1,2,6-17-92) Cross reference(s)--Definitions generally, 31-2. Sec. 2-482. Registration. (a) All lobbyists shall, before engaging in any lobbying activities, register with the City clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 31 (1) His name; (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional City commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs, (c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The City clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby, (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (t) In addition to the registration fee required in subsection (a) ofthis section, registration of all lobbyists shall be required prior to October I of every even-numbered year; and the fee for biennial registration shall be as specified in appendix A. (g) In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current City commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (h) The registration fees required by subsections (a) and (t) ofthis section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the City manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the clerk as required by this section. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777, 33,3-4-92; Ord, No. 92-2785, 3 3, 6-17-92) BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 32 Sec. 2-483. Exceptions to registration. (a) Any public officer, employee or appointee or any person or entity in contractual privity with the City who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord, No. 92-2777,334,5,3-4-92; Ord, No. 92-2785, 334,5,6-17-92) Sec. 2-484. Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices ofthe mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, 3 6, 6-17-92) Sec. 2-485. List of expenditures. (a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even ifthere have been no expenditures during the reporting period. (b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S. 3 11,0045. (c) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. Commissioners or city personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. (d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attorney shall report the results of the investigation to the city commission. Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut the findings, if necessary, and submit any written material in defense to the city commission, The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord. No. 92-2777, 3 6, 3-4-92; Ord, No. 92-2785, 3 7, 6-17-92) BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 33 ORDINANCE NO. 2002-3378 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OFTHE CITY OF MIAMI BEACH, ENTrTLED "ADMINISTRATION", BY AMENDINGARnCLE Vii" THEREOF, ENTrTLED "STANDARDS OF CONDUCT', BY AMENDING DMSION 4, ENMLED .PROCUREMENT", BY AMENDING SECTION 2-486, ENTITLED "CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE PROHIBITIONS ON ORAL COMMUNICATIONS ON ALL REQUEST FOR PROPOSALS (RFP'S); REQUEST FOR QUALIFICATIONS (RFQ'S), AND INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY COMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY POTENTIAL VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT; PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABIUTY, AND AN EFFECTIVE DATE. WHEREAS, on January 29, 2002. the Mlaml-Dade County Commission approved Ordinance No, 02-3. amending Section 2-11.1(t) of the Miami-Dade County Code, the County's Cone of Silence Ordinance, with an effective date of February 8, 2002; and WHEREAS, Miami-Dade County's approved amendments extended the prohibition on oral communications regarding a particular RFP, RFQ. and bid for the solicitation of goods and services to those between a potential vendor, service provider, bidder, lobbyiSt or consultant. and the Mayor. County Commissioners and their respective staffs; and WHEREAS, MiamI-Dade County's approved amendments added a~ltlonal exemptions to the prohibition on oral communications regarding a particular RFP, RFQ, or bid for the solicitation of goods and services between any person and the procurement director or hlslher designated staff responsible for administering the procurement process for such RFP, RFQ or bid, and between a member of the respective selec:tlon committee. provided the communication be limited strictly to matters of process or procedure already contained In the corresponding solicitation document; and . WHEREAS, . Miami-Dade County's approved amendments added additional exemptions to the prohibition on oral communications between the County Manager and the chairperson of a selection committee about a particular selection committee recommendation, only after the committee has submitted a recommendation to the Manager and provided that, should any change occur In the committee reCommendation, . the content of the communication and of the corresponding change shall be described In writing and filed by the Manager with the Clerk of the County and be included In any recommendation memorandum submitted by the Manager to the County Commission; WHEREAS, MiamI-Dade County's approved amendments added additional exemptions to the prohibition on oral communications pertaining to emergency procurements. . WHEREAS, seld MiamI-Dade County amendments are applicable to the Mayor and City Commissioners of the City of Miami Beach, the City Manager, and their respective staffs; and In order to extend said amendments and their applicability to potential vendors. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 34 servIce providers, bldders,'lobbyllrts, and conSUltimts doing business In the City of MiamI Beach, the Administration and the City Attomey's Office herein recommends that the MaYor and City Commission amend the City's Cone of Silence Ordinance accordingly, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY ' COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. Section 2-426, of Division 4 of Article VII of Chapter 2 of the Miami Beach City Code Is hereby amended to read as follows: ArtIcle VII. Standards of Conduct . DMSION 4. PROCUREMENT Sec. 2-488. Cone of .Ilence. (a) Contracts for the provision of goods, aervlces, and construction projects~ etMF thaA .wEllt seRVas&e, (1) DefInition. -Cone of sHence- is hereby defined to mean a prohibition on: . (a) any cOmmunication regarding a particular request for proposal ("RFP'), request for qualifications (-RFO-), request fer lettere Gf I_Fest ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist,or consultant and the clty'lI administrative staff including, but not limited io, the city manager and his or her staff; . (b) any communication regarding a particular RFP, RFQ, RFbIy or bid between. the mayor, city commissioners, or their respective staffs, and any member of the clty's administrative staff Including, but not limited to, the city manag&r and his or her staff; . . (e) any communication regarding a particular RFP, RFQ. RfIObIt or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any. member of a city evaluation and/or selection committee therefor: 8Rd '(d)' any communication regarding a particular RFP, RFQ, RR.I; or bid between the mayor, city commlssloners....or their respective staffs....and any A.,member of a city evaluation and/or selection committee therefor: (e) anY communication reaardina 8 Dartlcular RFP. RFO. or bid between the m~vOr. cItY commi881oners. or their resoective staffs and a ootential vendor. service crovlder. bidder,lobbvist. or consultant. NetwithstaAEllRg ih~ feFegelAg, the seAe ef slleAse shall Aet apply te ssmpetitive pFesessel fer the awaRf ef CD8G, HOME, SHIPaAEI SwFtax FWAEls' aElRlIAI&teFeEl ~ Dl8slty effise 9f. eeRlRlWA~' Ele'l8IepFReAt. BREI seRlRlwAleatleAe YMtI the sl&y attElRlsy aREI his er "er sIaft BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 3S (2) ProcecIure. a. A I.I:!.I.cone of silence shall be Imposed upon each RFP, RFQ, RRdr aM or bid after the advertisement of said RFP, RFQ, RFId; or bid. At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall Include In any public solicitation for goods and services a statement disclosing the requirements of this division. b. The cone of silence shall terminate.. aK1}at the time the city manager makes his. or her wrttten recommendation as to selection of a particular RFP, RFQ, RFId; or bid to the city commission, and said RFP, RFQ, RFId; or bid is awarded; provided, however, thatfonowlng the Mmanager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the M-mayor and M-mernbers of the ~mmjssion and the ~ M-manager; providing filrther if the city commission refers the manager's recommendation back to the city manager er staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFQ, RFId; or bid is awardedi -eF-&} !IllJn the event of contracts for less than $25,000.. when the city manager executes the contract. (3) exceptions. The PI'G'JiSIGRS ef this eAflRBR8e cone of silence shall not apply to: (a) comoetitlve Drocesses for the award of CDSO. HaMI;:. SHIP and Surtax Funds administered bv the citv office of communltv develoDment: and (b) communications with the citv attomev and his or her staff. ~ !aoral communications at pre-bid conferences; ~ !!fi.oral presentations before evaluation' and/or selection com!'1Ittees;. ~II)contract discussions during any duly noticed public meeting; oo-m public presentations made to the city commissioners during any duly noticed public meeting; {e} {g} contract negotiations with city staff following the award of an RFP, RFQ, RFId; or bid by the city commission; . ~ !Ill communications In writing at any time with 'any city employee, official or member at the city commission, unless specifically prohibited by the applicable RFP, RFQ, RA.I; or bid documents; 8F BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 36 . ~ city commission meeting agenda review meetings between the city manager and. the mayor and Individual city commissioners where such matters are scheduled for consideration at the next ~mmlsslon meeting. ~I) communications reaardlne a oarticular RFP. RFQ or bid between the orocurement director. or hlslher administrative staff resoonslble for admlnisterlne the orocurement orocess for such RFP. RFO or bid and a member of the evaluation/selection committee therefor. orovlded the communlcetlon Is limited strictlv to matters of 0lOC8S8 or orocedure alreadv contained In the corresoondlne solicitation document: {kl dulv notlcecl site visits to determine the comoetencv of bidders reaardlna a oartlcular bid durlna the time oerloc:l between the oDenine of bids and the time the cItv manaeer makes his or her written recommendation: ill any emeraencv orocurement of aoods or services: 1m} communications reaardina a Dartlcular RFP. RFO. or bid between any Derson. and the orocurement director. or hislher administrative staff resoonslble for adminlsterin9 the orocurement OlOC8SS for such RFP. RFO. or bid. DrovIded the communication is limited strlctlv to matters of Dr0c8SS or proCedure alreadv contained in the corresDondina solicitation document. !nl. The bidder, .proposer, vendor, service provider, lobbyist, or consultant shall file a copy of any written communications with the city clerk, The city derk shall make copies available to any person upon request. (a.) ^"dlleeM8sl8. (1) -CeAe at .lleRse- Is here~ defiAed te FReaA a prehibltleA aA: (8) aAY eaFRFRwRleatisRS regaRtIAg a paRiewlar RFP, RFQ, RFll, aF bid bet\weA a fMlleAtlal veAdsF, seM. prevldeF, blddeF, lebbyist, sr GeASWIaRt aREI ~e Mayer, eity eemmlssieRef8 ar ~elr respeetl\i8 etaJrs, aAEI aAY FReFRber sf ~e eil>,~s adFRIRislRltive tMaff iAelwElIAg, bwt Ret liFRited te lAe slty FR8R8ger BAEI hie sr toIer ~, aAd (b) aAY eral GeFRFRwRieatiaR regaRtiAg B paFllewlar RFP, Rro:Q. RFlI, ar bid bel\'JeeR ~e mayer, elly 99FRFRlssIeAeF8 srlleir respe6live etaff6 BRd BAY FReFRber ef ~e eily's adFRIAIstlattJe &taft iRelwElIAg, bwt Ret nFR~EI te,.the elly MaRsger sRd his sr toIer eta#i sAEI.(e) sAY eeFRFRwRieatiaA regaRtiAg S psFtisular RE::P, RFQ. RFll, sr bid betweeA a psteAl/aI'IeAder, 8eMGe pF8'ddeF, biddel) la~et, aF 99ASWItaAt 8Ad aAY FReFRber at a sit)' . e\'8IwslieA aRdf.er sele9lleR 99mFRl<<ee; aAd (EI) sAY seMmwAleatiaA I9gSRtIAg S paFtlswlsr ~P, RFQ ar bid bet\'JeeR the Maye!) City Cemml88iaAeF8 Elr their respeetive staffa BAd SAY Member at a sily e'JBlwatlaA 8ASJar 8eleslleA .mMlUee. N9WlithstaAdlAg ~e taregeiAg, #Ie seRe sf sUeAee shall Aat spply te ElaFRMWAieatlaAs 'JJlh the eity atleMey SAd toIis ar her staff., (2) IiMept 88 pRa-Aded IA 8wbleetiaRs (a.)(3) BAd (b)(~) hereef, B eaAe efBileAGEl stolall be IFRpased wpaA eash RFP, RFQ, Rei_I, Elr bid fer awelt seMS8e after the .&\:eRiseFReRI at said RFP, RFQ, RFbl, ar bitt At the tiMe at ~e IFRpasltiaR af ~e 88Ae at slleR88, tAe elly MaRBger ar his aF her deBigAee BID NO: 32-02/03 CITY OF MIAMI BEACH DATE: 02/26/03 37 shall pl9Vlde fer the pwblls Retlee sf the eeRe sf slleRee. The 8ElRe sf sleAee shall teFMiRate s~ at the t1R'1e the eity R'laRager R'lakes hie ar her '.N'FlIteR Fe8EIR'lR'lsAdalleR 8S te sele6&iaR ef a paltiswlar RFP, RFQ, RFll, sr IiliIj te the s~. eeR'lR'll881aA, aRe sale RFP, RFQ, RFlI, sr ble i8 a'fJ8FE1ee; pFevieee, hawever, that fellawiRi the MaRaier R'laklRi hil sr her. '.vRlteR FeeeR'lR'leAdalleR, VIe 8ElRe ef 8118RSI shall be lifted a8 Felates te eeR'lR'lwRleatisR6 bet\':eeR the Mayer aRe MeR'lbeAl ef tJ:Ie CsMFRi88iSR aRd VIe C~' MaRageFj pl9vieiAil fuFltler If VIe eil}' 8ElR'lFRi88Ia~ f8feAl thl FRaRagar'8 re8EIR'lR'leRdatisR Hek te thl aily R'l8Rager sr statf fer fwlthlr Fe'.-Iaw, the 8ElAI sf s/llRee Ihall 8ElRtlRwe YRlll Iyah IIR'1e a8 lie NReglr FRake8 a SYbll'tyeRt Wl'ihR reseFRR'laRdatiaR, sRd the paFtiel:lllr RFP, R.;a, RFlI, sr bid Ie awaFEled Ir b) iR III evlRt ef 8ElRtreste fer 1188 thaR S2i,oog '.vt:lIR thl eity R'lIRIger 9K9SYlI8 thl 8ElRtraat. . (3) NethlRg seAter,," herelR Ihlll pl9hlblt aRY bleder:, pl9pllll) 'I8RdaF, 8eMee pre'JleeF, Iebbylst, ar seRIWItaRt (I) fF8R'1 R'laklRg pybUs pFeSeR&atlaRI at sly!}. Aetieee pFe bid eeRfereRsel ar befsFe dwly Retisle 8'.'8IYldlaR 8ElR'lR'li&tee R'leatIRill; (il) ffeR'l eRillglRillR seRWat e18SYI81sR8 eYRRg aRY eYly Rstlsee pYblls FReatiRg; (III) fF8R'1 eRgaglRg IR seRtFaat RegsllatlsA8 lflith eity 8&aI fellev.iRg the swaFEI If SA RFP, RFQ, Rfll, ar ble far awdlt'lily the sity seR'lR'lI_IeR; sr (Iv) fl9R'1 seR'lR'lYAlsatlRg IR ':mtiRg lfJltl:l aRY alty eRlpleyee ar effieial fer pw.,sles ef 8eekiRil e1aFlfleatiaR ar aEfEfltlaRal iRfeFR'l8l1eR RFRthe eity sr F88peREfiRg te the eity'a reqwest fer slaFlfieatlan sr aedltlaA81 IRfeFMatlan, .wbjeet te VIe pl9'JiaiaR. ef the applleebl8 RfP, RI;Q, RFL.I, ar bk! da8YR'l8Rts. Tha bidder sr pl9pasar eta, .hall tile s sapy ef 'aAY 'fJFltteR eeR'lR'lIolAleatlsn with thB aity e1eFlc, The slly e1aFlc Iha/l R'l8ke eaples &'l8llabls te tJ:le 18RBFal p..blle ..peR FeqY81t. (4) Ne&hlng eeglned hB_ 81:1a" pl9tllblt aAY Isbbylst, bldd8U19paBeF, veAdal) 81Mel pF&VIdel) 8ElRSYl&ant,. ar ather plAlan ar entity fl9FR pYbllely addF888lng 118 eIty 8ElR'lR'lllllaAIAl dYrlng aRY dYIy Aalleld pYblls R'leetiAg FegaAilng a6&isn IA aRY a..dla sentFael. The eil}' R'l8Rager 8halllAeI..de IR aR}' p..lillle 8allel&allaR fer a..eltlRg seMse8 a MateR'leRt dilelS8iRg the FeqYIFeR'leRte af thll dl>1.'lsleR. {e){bl VioIatIonafpenalU88 and procedures, A violation of this section by a particular bidder, proposer, vendor, sarvloe provider, lobbyist, or consultant shall subject said bidder, 8F proposer, vendor, service provider, lobbyist, or consultant to the same procedures set forth In DMslon 5, entitled :Oebannent of Contractors: from City Work; shall render any RFP award, RFQ award, RFlI 81:J8Ai, or bid award to said bidder, pro~r, vendor, servioe provider, bickter, lobbyist, or consultant void~; and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be considered for any RFP, RFQ, AFU or bid for a contract for the provision of. goods or services for a period of one year. Ivly person who violates a provlslonof this dMslon shall be prohibited from serving on a city evaluation and/or selection committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and Including dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the city attorney's office or state attomey's office... and/or may file a complaint with the . county ethics commission, ' (Ord, No. 99-3164. 5 1,1-6-99; Old. No, 2001-3295, 51, 3-1~1) BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 38 SECTION 2. CODIFICATION. It I. the intention of the Mayor and City Commission of the City of Miami Beach, and It 18 liereby ordained that the provisions of this ordinance shall become and be made part of the Code oHhe City of Miami Beach, Florida, The sections of this ordinance may be renumbered ~ relettered to accomplish such intention, and the word .ordinance" may be changed to "section", "article", or other appropriate word, , 1EC110N 3. REPEALER. All .ordlnances or parts of ordinances In conflict herewith be and the ssme are hereby repealed,. SEcnON 4. SEVERABIUTY. . . . . If any section, subsection. sentence, clause, phrase or portion of this Ordinance Is, forany reason. hekllnvalld or unconstitutional, such portion shall be deemed a separate, distinct and Independent provision and such holding shall not affect the validity or constitutionality of the remamlng portions of this Ordinance. SEC110N 5. EFFECTIVE DATE. ThIS Ordinance shall take effect on the lOtb day of Augu.t 1110 days after adoption. , 2002, which PASSED and ADOPTED this 31st ,2002. ATTEST: CltyCIer1< Letters or numbers that are stricken through are deletions from existing ordinance. Letters or numbers that are underlined are additions to existing ordinance. F:\ATTOIOLIJ\RE8-0RD\CONEOFSILENCE.FNL,OOC ~.2~ .DaII BID NO: 32-02/03 DATE: 02/16/03 CITY OF MIAMI BEACH 39 OFFICE OF THE CITY ATTORNEY MURRAY B. DUBBIN City Attol'll8)' ~ (J/domi 1J41M . LOR 0 A - T.pboae: (305) 673-747 TeIecopy: (305) 673-700 COMMISSION MEMORANDUM DATE: JULY 31, 2002 TO: MAYOR DAVID DERMER MEMBERS OF THE CITY CO FROM: MURRAY DUBBIN CITY ATrORNEYf\U JORGE M. GONZALEZ CITY MANAGER SECOND READING PUBLIC HEA~ING SUBJEcr: AMENDMENT TO ClTY'S "CONE OF SILENCE" ORDINANCE On lanUll1')' 29, 2002, the Miami-Dade County Commission approved an ammIment 10 11M: Couaty's "Colle ofSi1ence" Ordinance.. with an effec:tive date of February 8, 2002. The approved amendments 10 the County's Ordinance, which the City Mamger and the City Attorney's Office herein recommend be iDcoq>>!IIll:d u an lIlJIeftdrnP.nt 10 the City's oWn "Cone of Sileuce" 0rdiDance, an u follows: (I) Extllndius the prohibition on oral communications Eeg&rding a perticular RFP, RFQ, and bid for the solicitation of goods and services 10 those between. potential vendor, service provider, bidder, lobbyist or consultant, and the Mayor, Commissioners, and their lespective staffs; (2) Extendiag the prohibition on oral communications regarding . particulIr RFP, RFQ, or bid between any administrative staffmember, and any member of an evalWllion 8llJJIor selec:tion committee therefor; (3) Notwithshlt",li1\g the prohibition in subsection (2) above, providing an exemption allowing the Manager and the_chairperson of the evaluation andfor selection committee 10 communicate upon a particular evaluation and/or selection committee Agenda lblm ASC 1700 CODvatloD C_ter Drln - Foutll Floor - Miami Bad Date 7-~/-()~ BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 40 recommendation, but only after the committee bas submitted an award recommendation to the Manager and, provided should a change occur in the committee's reCommendation, the content of the col1lll1W1ication and of the correspondence chan~ shall be described in writing and tiled by the Manager with ,- the City Clerk, and be included in any recommendation memorandum submitted by the Manager to the Commission; (4) Creating an exemption allowing conummications regarding a particular RFP, RFQ, or bid between the Procurement Director (or bisIher administrative staff responsible for administering the particular RFP, RFQ, or bid process) and a member of the evaluation/selection committcc therefor, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding bid document; (5) Creating an exemption for duly noticed sitcvisits'to determine the c01J!PClCllCY of bidders regarding a particular bid, during the time period between the opening of the bids and the tUne the Manager makes hislher written recommendation to the Commission; (6) Creating an exemption for emergency proc:uremcnt of goods or services; and (7) Creating an exemption to allow for communications regarding a particular RFP, RFQ, or bid between any person and the Procurement Director . (or his or her administrative staff responsible for administering the bid process), provided the communication is limited to matters ofprocess or procedure already contained in the .bid documents. The Miami-Dade County Commission on Ethics bas consistently taken the position that the County's Ethics legislation, as codified in Section 2 of the Miami-Dade County Code, applies to municipalofticers and employees, whether or not they chose to adopt corresponding legislation or not. However, one of the reasons that the City of Miami Beach adopted its own cone of silence legislation was not only to make it stricter in places where the County's ordinance is more lenient (which is legally permissible), but also, assuming the County ethics legislation only applies to municipal officers and employees, the enactment of the City's own cone of silence ordinance extcDded the proln'bitions of the ordinance, and the sanctions therein, to Potential vendors, Service providers, bidders, lobbyists, and/or consultants doing business with the City of Miami Beach. It is therefore recommended by the City Mmagcr and City Attorney's Office's that the Mayor and City Commission herein adopt, on first reading, the attached amendments to the City's Cone of Silence Ordinance; said amendments mirroring the amendments already approved by the Miami- . Dade County Commission (in its Cone of Silence Ordinance). IlIA.... fMTnNlGIIR IITI~~ 2 BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 41 RESOLUTION NO. 2000-23879 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT A CODE OF BUSINESS ETffiCS PRIOR TO ENTERING INTO A CONTRACI' WITH THE CITY OF MIAMI BEACH WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a Model Code of Business Ethics (the "Model Code"); and WHEREAS, the City of Miami Beach is a member of the GMCC; and WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of principles to help gUide decisions and actions based on respect for the importance of ethical business standards in the community; and WHEREAS, the GMCC encourages its members to adopt the principles and practices outlined in the Model Code; and WHEREAS, the Commission believes that each entity which does business with the City of Miami Beach should be required, as a condition of doing business with the County to adopt a Code of Business Ethics. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1, Each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code'') and submit that Code to the City Manager or his or her designee prior to execution of any contract between the contractor and the City. The Code of Business shall, at a minimum, require the contractor to comply with all applicable governmental rules and regulations including, among others, the conflict of interest. lobbying and ethics provisions of the City Code. Section 2, The Commission urges the Greater Miami Chamber of Commerce to require that all of its members adopt the Model Code of Business Ethics, Section 3. adoption, This resolution shall become effective immediately upon its BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 42 PASSED and ADOPTED this 12th day of April 2000 ATTEST: , VkYOR APPROVED AS TO FCRM a LANGUAC:.': a FOR EXEC!J11Oh :"'7~~ BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 43 GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of CommerCe ("GMCCj seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages Rs members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers, This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials, The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes 01 ethics. This Model Code is II .tatement 01 principlu to help guide decisions llJ1d ..ctions b....d on respect for the importance of elhlc..1 business slllJ1d..rd. in Ihe community, ,h. GMCC b.li.ves the ..dop~on of .. me..ningful code 01 ethics is Ihe responsibility of every business llnd professioncl orgllJ1iZOlion, ComDliance with Government Rules & ReeluJations We will properly maintain all records and post alllicem.es and certificates in prominent places easily 58en by our employeeG and customers; In dealing with governmenlagencies and employees. we will conduc:\ business in accordance with all applicable rules and regulations and in the open; We will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office 01 Inspector General or appropriate law enforcement authorities, Recruitment, Selection & ComDensation of Vendors and SUDDliers We will avoid conllicts 01 interest and disclose such conllicts when identified; Gifts which compromise the integrity 0; a business transac:tion are unacceptable; we will not kick back any portion 01 a conlrac:\ payment 10 employees of the other contrac:\ing party or accept such a kickback, . Business Accountinq All our financial transactions will be properly and lairly recorded in appropriate books 01 account, and there will be no 'off the books' transactions or secret accounts. Promotion and Sales of Products and Services Our products will comply with all applicable safety and quaJily standards; We will promote and advertise our business and its products or services in a manner which is not misleading and does not lalsely disparage our competitors; Ooinel Business with the Government BID NO: 32-02103 DATE: 02/26/03 CITY OF MIAMI BEACH 44 We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; Our bids will be competitive. appropriate to the bid documents and arrived at independently; Any challenges to contracts awarded will have a substantive basis and not be pursued merely because we are the unsuccessful bidder; We will, to the best of our ability. perform govemment contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts. and claims will be made only for work aclually performed. We will abide by all contracting and subcontracting regulations, We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials. their family members or business associates. We will not seek or expect preferential treatment on bids based on our participation in political campaigns, Public Lif. ind Political Campaians We encourage all employees to participate in community life, public service and the political proceGs; We encourage all employees to recruit, support and elect ethical and qualified public officials and engage lt1em in dialogue and debate about business and community issues; Our contributions to political parties, committees or individuals will only be made in accordance with applicable law and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; . We will not contribute to the campaigns. of persons who are convicted felons or those who do nol sign the Fair Campaign Practices Ordinance. We will not knowingly disseminate false campaign informallon or support those who do. Corporale Officer Company Name Date BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 45 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397.Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors from City work may be undertaken. (b) The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the City's protection. and not for purposes of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance, Section 2-398.Definitions. (a) Affiliates. Business concerns, organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly, (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended, BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 46 (b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. (c) Contractor means any individual or other legal entity that: (1) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers, Bidders, Proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent" representative or subcontractor of another contractor, (d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere. (e) Debarment means action taken by the Debarment Committee to exclude a contractor (and, in limited instances specified in this ordinance, a Bidder or Proposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a contractor so excluded is debarred. (f) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and, if warranted. to impose debarment, (g) Preponderance Greater weight ofthe evidence means proof by information that, compared with that opposing it , leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (I) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding, The term includes appeals from such proceedings. (j) List of debarred contractors means a list compiled, maintained and distributed by the City=s Procurement Office. containing the names of contractors debarred under the procedures of this ordinance. Section 2-399.List of debarred contractors. (a) The City's Procurement Office, is the agency charged with the implementation of this ordinance shall: (I) Compile and maintain a current. consolidated list (List) of all contractors debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 47 (2) Periodically revise and distribute the List and issue supplements, if necessary, to all departments, to the Office of the City Manager and to the Mayor and City Commissioners: and (3) Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (b) The List shall indicate: (I) The names and addresses of all contractors debarred, in alphabetical order; (2) The name of the department that recommends initiation of the debarment action; (3) The cause for the debarment action, as is further described herein. or other statutory or regulatory authority; (4) The effect of the debarment action; (5) The termination date for each listing; (6) The contractor's certificate of competence or license number, when applicable; (7) The person through whom the contractor is qualified, when applicable; (8) The name and telephone number of the point of contact in the department recommending the debarment action. (c) The City's Procurement Office shall: (1) In accordance with internal retention procedures maintain records relating to each debarment; (2) Establish procedures to provide for the effective use of the List, including internal distribution thereof to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List; and (3) Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400.Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from award contracts to, or consent to subcontracts with these contractors unless the City Manager determines that an emergency exists justifying such action. and obtains approval from the Mayor and City Commission, which approval shall be given by 5/7ths vote ofthe City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives, subcontractors or partners of other contractors. (b) Debarred contractors are excluded from acting as individual sureties, Section 2-401.Continuation of current contracts. (a) Commencing on the effective date ofthis ordinance. all proposed City contracts. as well as Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of Interest (RFLI), or bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds for termination ofthe contract as well as disqualification from consideration on any RFP, RFO, RFLI. or bid. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 48 (b) The debarment shall take effect in accordance with the notice provided by the City Manager pursuant to subsection 2-405(h) below. except that if a City department has contracts or subcontracts in existence at the time the contractor was debarred, the debarment period may commence upon the conclusion ofthe contract. subject to approval of same be 517ths vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of current contract or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control and such action is approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting, (d) No further work shall be awarded to a debarred contractor in connection with a continuing contract where the work is divided into separate discrete groups and the City's refusal or denial of further work under the contract will not result in a breach of such contract. Section 2-402.Restrictions on subcontracting. (a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager determines that an emergency exists justifying such consent and the Mayor and City Commission approves such decision by 517ths vote at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid, Section 2-403.Debarment. (a) The Debarment Committee may, in the public interest debar a contractor for any of the causes listed in this ordinance using the procedures outlined below. The existence of a cause for debarment however, does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making any debarment decision. (b) Debarment constitutes debarment of all officers, directors, shareholders owning or controlling twenty-five (25) percent ofthe stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existing affiliates of the contractor if they are (I) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the Debarment Committee's decision, (c) A contractor's debarment shall be effective throughout City Government. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 49 Section 2-404. Causes for debarment. (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (1) For commission of a fraud or a criminal offense in connection with obtaining attempting to obtain, performing, or making a claim upon a public contract or subcontract or a contract or subcontract funded in whole or in part with public funds; (2) For violation offederal or State antitrust statutes relating to the submission of offers; (3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (I) Violation of the terms of a City contract or subcontract or a contract or subcontract funded in whole or in part by City funds such as failure to perform in accordance with the terms of one (1) or more contracts as certified by the City department administering the contract; or the failure to perform or unsatisfactorily perform in accordance with the terms of one (l) or more contracts, as certified by an independent registered architect engineer or general contractor; (2) Violation of a City ordinance or administrative order which lists debarment as a potential penalty; (3) Any other cause which affects the responsibility of a City contractor or subcontractor in performing City work. Section 2-405.Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at large and shall be made in writing to the Office ofthe City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) concerning the proposed debarment, including the cause and grounds for debarment as set forth in this ordinance. (b) Upon completion of the aforestated written report, the City Manager shall forward said report to the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee and, with the assistance of the City department person or persons which prepared the report present evidence and argument to the Debarment Committee (c) Notice of proposal to debar. Within ten working days of the Debarment Committee having received the request for debarment and written report, the City's Procurement Office, on behalf ofthe Debarment Committee shall issue a notice of proposed debarment advising the BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH SO contractor and any specifically named affiliates, by certified mail. return receipt requested, or personal service containing the following information: (1) That debarment is being considered: (2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor and any named affiliates on notice ofthe conduct or transaction(s) upon which it is based; (3) That a hearing shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may be represented by an attorney, may present documentary evidence and verbal testimony, and may cross-examine evidence and testimony presented against it. (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment. (d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7) working days prior to the hearing or fails to seek an extension oftime within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grant or deny an extension oftime, and for good cause, may set aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. (e) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for initiating a debarment procedure nor the sole basis of any determination of debarment. The hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense and request of the requesting party. (f) Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the Debarment Committee shall make a decision on the basis of all the undisputed material information in the administrative record, including any undisputed, material submissions made by the contractor. Where actions are based on disputed evidence, the Debarment Committee shall decide what weight to attach to evidence of record, judge the credibility of witnesses, and base its decision on the prepondenance greater weight of the evidence standard. The Debarment Committee shall be the sole trier of fact. The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. (g) The Committee's decision shall be in writing and shall include the Committee's factual findings, the principal causes of debarment as enumerated in this ordinance, identification of the contractor and all named affiliate: affected by the decision, and the specific term, including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 51 (I) If the Debarment Committee decides to impose debarment, the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision, specifying the reasons for debarment and including a copy of the Committee's written decision; stating the period of debarment, including effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed,the City Manager shall notify the contractor and any named affiliates involved ,by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision, (i) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is signed by the City Manager, Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay ofthe debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406. Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee, Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines set forth below, but in no event shall exceed five (5) years. (b) The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) For commission of an offense as described in subsection 2404(a)(I): five (5) years. (2) For commission of an offense as described in subsection 2404(a)(2): five (5) years. (3) For commission of an offense as described in subsection 2404(a)(3): five (5) years. (4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5) years. (5) For commission of an offense as described in subsections 2404(b )(1) or (2): two (2) to five (5) years. (c) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the contractor's written request for reasons such as: (I) Newly discovered material evidence; (2) Reversal ofthe conviction or civil judgment upon which the debarment was based; (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debarment Committee deems appropriate. (d) The debarment debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. The decision of the Debarment Committee regarding a request made under this subsection is final and non-appealable. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 52 SECTION 2, SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word" ordinance" may be changed to "section", "article," or other appropriate word, SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE, This Ordinance shall take effect on the 3rd day of March,2000, PASSED and ADOPTED this 23rd day of Februarv, 2000. BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 53 ORDINANCE NO. 2002-3344 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time the City procures goods and services through Invitation for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, in accordance with the public bidding procedures set forth in Florida law and the Code ofthe City of Miami Beach (the "City Code"); and WHEREAS, such process may lead to protested bids and proposed awards; and WHEREAS, it is the intent of the Mayor and City Commission that procedural and technical issues related to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based OIl written or oral quotations, be decided by the City Manager and the City Attorney, and that their determinations with respect to said procedural and technical issues shall be deemed final; and WHEREAS, it is in the best interests ofthe City and all respondents to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters ofInterest, and purchase orders based on written or oral quotations, to have a clear and unequivocal procedure for resolving such protests in a timely and expeditious manner, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. There is hereby added to Article VI of Chapter 2 ofthe City Code a new Section 2-371, which shall read as follows: Section 2-371, Authority to Resolve Protested Bids and Proposed Awards. (a) Right to Protest. Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder") who has a substantial interest in, and is aggrieved in connection with the solicitation or proposed award of, a request for proposals ("RFP"), request for qualifications ("RFQ"), BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 54 request for letters of interest ("RFLI') or invitation for bid for goods and/or services ("hereinafter, collectively referred to as the bid") may protest to the City Manager or his or her designee. Protests arising from the decisions and votes of any evaluation or selection committee shall be limited to protests based upon alleged deviation(s) from established purchasing procedures set forth in this Code, any written guidelines of the Procurement Department, and the specifications, requirements and/or terms set forth in any bid. (1) Any protest concerning the bid specifications, requirements, and/or terms must be made within three (3) business days (for the purposes of this ordinance, "business day" means a day other than Saturday, Sunday or a national holiday), from the time the facts become known and, in any case, at least two (2) business days prior to the opening of the. Such protest must be made in writing to the City Manager or his or her designee, and such protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence, No bid protest shall be accepted unless it complies with the requirements ofthis section, Failure to timely protest bid specifications, requirements and/or terms is a waiver ofthe ability to protest the specifications, requirements and/or terms. (2) Any protest after the bid opening, including challenges to actions of any evaluation or selection committee as provided in subsection (a) above, shall be submitted in writing to the City Manager, or his or her designee. The City will allow such bid protest to be submitted anytime until two (2) business days following the release of the City Manager's written recommendation to the City Commission, as same is set forth and released in the City Commission agenda packet, for award of the bid in question. Such protest shall state the particular grounds on which it is based and shall include all pertinent grounds on which it is based, and shall include all pertinent documents and evidence, No bid protest shall be accepted unless it complies with the requirements ofthis section. All actual bidders shall be notified in writing (which may be transmitted by electronic communication, such as facsimile transmission and/or e-mail), following the release ofthe City Manager's written recommendation to the City Commission. (b )Any bidder who is aggrieved in connection with the solicitation or proposed award of a purchase order based on an oral or written quotation may protest to the City Manager or his or her designee anytime during the procurement process, up to the time ofthe award of the purchase order, but not after such time. Such protest shall be made in writing and state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section, (c) The City may request reasonable reimbursement for expenses incurred in processing any protest hereunder, which expenses shall include, but not be BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 55 limited to, staff time, legal fees and expenses (including expert witness fees), reproduction of documents and other out-of-pocket expenses. (d) Authority to Resolve Protests. The City Manager or his or her designee shall have the authority to settle and resolve a protest concerning the solicitation or award of a bid. (e) Responsiveness. Prior to any decision being rendered under this Ordinance with respect to a bid protest, the City Manager and the City Attorney, or their respective designees, shall certify whether the submission of the bidder to the bid in question is responsive. The parties to the protest shall be bound by the determination of the City Manager and the City Attorney with regard to the issue of responsiveness. The detemHRatisR sf the City MaRager aRB the City Attamey with regard to all prseedl:lral aRd teeftRieal matters shall be fiRal. (t) Decision and Appeal Procedures, If the bid protest is not resolved by mutual agreement, the City Manager and the City Attorney, or their respective designees, shall promptly issue a decision in writing, The decision shall specifically state the reasons for the action taken and inform the protestor of his or her right to challenge the decision. Any person aggrieved by any action or decision of the City Manager, the City Attorney, or their respective designees, with regard to any decision rendered under this section may appeal said decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suffered by the City and attorney's fees incurred by the City in defense of such wrongful action. (g) Distribution. A copy of each decision by the City Manager and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. (h) Stay of Procurements During Protests. In the event ofa timely protest under this section, the City shall not proceed further with the solicitation or with the award pursuant to such bid unless a written determination is made by the City Manager, that the award pursuant to such bid must be made without delay in order to protect a substantial interest of the City, (i) The institution and filing of a protest under this Code is an administrative remedy that shall be employed prior to the institution and filing of any civil action !lgainst the City concerning the subject matter of the protest. (j) Protests not timely made under this section shall be barred. Any basis or ground for a protest not set forth in the letter of protest required under this section shall be deemed waived. (k)At the time the City Manager's written recommendation for award of a bid is presented at a meeting of the Mayor and City Commission, the City Attorney, or his or her designee, shall present a report to inform the Mayor and City Commission of BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH S6 any legal issues relative to any bid protest filed in connection with the bid in question. (1) The determination ofthe City Manager and the Citv Attornev with regard to all procedural and technical matters shall be final. Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions ofthis Ordinance. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions ofthis Ordinance shall become and be made part ofthe Code ofthe City of Miami Beach, Florida, The sections ofthis Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word, Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th day of January. 2002. PASSED on First Reading this 19th day of December ,2001. PASSED and ADOPTED on Second Reading this 9th day of January. 2002. F:\ATIOIAQUJlIJtIlSOS\BIDPIlO'lS.-- APPIlOYEO AS 10 FORM&l.ANQlW)E & FOI EXECUTION ~ ~-.l BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 57 ORDINANCE NO. 2002.3363 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3 entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows: Sec. 2-485. List of expenditures; fee disclosure; reporting requirements. a, On October 1 of each year, lobbyist subject to lobbyist registration requirements shall submit to the city clerk a signed statement under oath as provided herein listing all lobbying expenditures in the city for the preceding calendar year, A statement shall be filed even if there have been no expenditures during the reporting period. The statement shall list in detail each expenditure by category, including food and beverage, entertainment, research, communication, media advertising, publications, travel, lodging and special events, , If no com ensation has or will be aid concernin subiect lobbv services, a statement shall nonetheless be filed reflectina as such. c, Any change to information originally filed shall require that the lobbyist f.m principal under subsection (b) above) file, BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 58 : The lobbyist (11'ti principal) Ijl~5'~ a continuing duty to supply accurate information and amend said reports when so needed, ~ @ The city clerk shall notify any lobbyist (or principal) who fails to timely file an the expenditure or fee disclosure reports referenced in sections (a) and (b) above. In addition to any other penalties which may be imposed as provided is section 2-485,1, a fine of $50.00 per day shall be assessed for reports filed after the due date, {&) {g} The city clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust of the failure of a lobbyist (or principal) to file a either of the reports referenced above and or pay the assessed fines after notification. ~ ill A lobbyist (or principal) may appeal a fine and may request a hearing before the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15 calendar days of receipt ofthe notification of the failure to file the required disclosure form, The Miami-Dade Commission on Ethics and Public Trust shall have the authority to waive the fine, in whole or in part, based on good cause shown. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, SECTION 3, SEVERABILITY If section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. BID NO: 32-02103 DATE: 02/26/03 CITY OF MIAMI BEACH 59 SECTION 4. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word, EFFECTIVE DATE SECTION 5, This Ordinance shall take effect 18th day of ~2002, PASSED and ADOPTED on Second Reading this 8th day of Mav, 2002. jJw.JA p~ CITY CLERK A'ITEST: (Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon Cruz, Jose Smith and Richard Steinberg) IiI'Bl1l1l111 reflects changes between first and second reading. JKOlkw F:A TTOIOLlJIRES.QRDI2-485,ORD.DOC APPROVED ItS 10 FORM&~ & FOR EXECUTION ~~Ij-av BID NO: 32-02/03 DATE: 02/26/03 CITY OF MIAMI BEACH 60 ,..... This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: Ohio Casualty Insurance Company 500 Winderley Place Maitland, FL 32751 800-927-6446 Bond Number: 3557850 Contractor Name: Thermal Concepts, Inc. 2201 College Avenue Davie, FL 33317 954-472-4465 Owner Name: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7490 Project Number: Bid No, 32-02/03 Project Description: 21 st Street Community Center, HV AC Renovations Project Address: 21st Community Center, Miami Beach, Miami-Dade County, FL Legal Description of Property: 21 st Street Community Center, HV AC Renovations This is the front page of the bond. All other pages are subsequent regardless of the pre-printed numbers. Performance Bond Bond No.: 3557850 Contractor (Name and Address) Thermal Concepts, Inc. 2201 College Avenue Davie, FL 33317 954-472-4465 Surety (Name and Principal Place of Business) Ohio Casualty Insurance Company 500 Winderley Place Maitland, FL 32751 800-927-6446 Owner (Name and Address) City of Miami Beach-Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 CONSTRUCTION CONTRACT Date: April 9, 2003 Amount: Seventy One Thousand Nine Hundred Ninety Five and XX/I00 Dollars . ~.. ,_($n,92~~00) ~.. _ . . ,. u'. .,. . Description (Name and Location): 21st Street Community Center, HV AC Renovation BOND Date: (Not Earlier than Construction Contract Date): April 23, 2003 Amount: Seventy One Thousand Nine Hundred Ninety Five and XX/I00 Dollars ($71,995.00) Modifications to this Bond: IZI None OSee Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Thermal Concepts, Inc. (Corporate Seal) pany (Any additional signatures appear on page 3) (FOR INFORMATION ONL Y-Narne, Address and Telephone) Agent or Broker Brown & Brown, Inc. P.O. Box 5727 Ft. Lauderdale, FL 33310-5727 954-776-2222 Owner's Representative (Architect or Engineer) Page 1 1. The Contractor and 1I1e Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the perl'ormance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor perfonns the Construction Contract, 1I1e Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3, I The Owner has notified the Contractor and 1I1e Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and 1I1e Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction contract. If the Owner, the Contractor and the Surety agree, 1I1e Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to de.clare a Contractor Default; and 3,2 The Owner has declared a Contractor Defauh and fonnally tenninated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the surety have received notice as provided in Subparagraph 3.1 and 3.3 The Owner has agreed to pay the balance of the COniract.Price to the surety in accordance with the tenDS of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the tenDS of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take on of the following actions: 4, I Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself; through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after 1I1e amount is detennined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notifY the Owner citing reasons therefore. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promp1ness, 1I1e Surety shall be deemed to be in default on this Bond fdteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and 1I1e Owner shall be entitled to enforce any remedy available to the Owner, If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or 1I1e Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to 1I1e Owner, 6, After the Owner has terminated 1I1e Contractor's right to complete 1I1e Construction Contract, and if the Surety elects to act under Subparag,.aph 4, I, 4.2, or 4.3 above, then 1I1e responsibilities of the Surety to the Owner shall not be greater 1I1an those of 1I1e Contractor under 1I1e Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than 1I10se of 1I1e Owner under the construction Contract, To 1I1e limit of the amount of this Bond, but subject to commitment by the Owner of 1I1e Balance of the Contract Price to mitigation of costs and damages on the construction Contract, 1I1e surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and complete of the Construction Contract; 6.2 Additional legal, design, professional and delay costs resulting from Contractor's Default, and resulting from the actions or failure . to act oftb.e Surety under paragraph 4; and 6,3 Uquidated damages, or if no liquidated damages are specified in 1I1e Construction Contract, actual damages caused by delayed perl'onnance or non-performance of the contractor. 7, The surety shall not be liable to 1I1e Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations, Not right of action shall accrue on this bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9, Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which 1I1e work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after 1I1e Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs fIrst, If the provisions of this Paragraph are void or prohibited by law, the mininrum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, 10. Notice to 1I1e Surety, 1I1e Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. II. When this bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a conunon law bond. Page 2 12. DEFINITIONS 12,2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including aU Contract Documents and changes thereto, 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract, 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATION TO TillS BOND ARE AS FOLLOWS: NONE (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Thermal Concepts, Inc. (Corporate Seal) SURETY Company: (Corporate Seal) Ohio Casualty Insurance Company Address: By: NtA Name and Title: James F. Murphy, Attorney-In-Fact and Florida Resident Agent Address: By: Nt A NameandTitle:M. Jesse Maurer Vice President Page 3 Payment Bond Bond No.: 3557850 Contractor (Name and Address) Thermal Concepts, Inc. 2201 College Avenue Davie, FL 33317 954-472-4465 Surety (Name and Principal Place of Business) Ohio Casualty Insurance Company 500 Winderley Place Maitland, FL 32751 800-927-6446 Owner: (Name and Address) City of Miami Beach-Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 CONSTRUCTION CONTRACT Date: April 9, 2003 Amount: Seventy One Thousand Nine Hundred Ninety Five and XX/I00 Dollars ($71,995,00) Description (Name and Location): 21st Street Community Center, HV AC Renovation BOND Date:(Not earlier than Construction Contract Date): April 23, 2003 Amount: Seventy One Thousand Nine Hundred Ninety Five and XX/I00 Dollars ($71,995.00) Modifications to this Bond: D None [gl See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Thermal Concepts, Inc. SURETY Company: (Corporate Seal) Ohio asualty ~rance Company omey-In-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY -Name, Address and Telephone) Agent or Broker Brown & Brown, Ine, P.O. Box 5727 Ft. LauderdaleFL33310-5727 954-776-2222 Owner's Representative (Architect or Engineer) Page 4 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executoIS, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the construction Contract, which is incOl]lorated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2,2 Defends, indemnifies and holds hannless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for the use in the performance of the Constrnction Contract provided the Owner has promptly notified the Contractor and the Surety (atthe address described in Paragraph 12) of any claims, demands, liens or suits to the Contractor and the surety, and provided there is no Owner Default 3 With respect to Claimants, this obligation sha1l be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the surety (at the address described in Paragraph 12) and sent a copy, or notice thereot: to1he Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: ,I Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom 'the labor was done or performed; and 2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and 3 Not having been paid within the above 30 days, have sent a written notice to the surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6,2 Payor arrange for payment of any undisputed amounts, 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Constrnction Contract shall be used forthe performance of the Constrnction Contract and to satisfY claims, if any, under any Constrnction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfY obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner sha1l not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf at: or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Constrnction Contract or to related subcontracts, purchase orders and other obligations. II No suit or action shall be commenced by a Claimant underthis Bond other 1han in a court of competent jurisdiction in 1he location in which the work or part of the WOlK is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4,2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) frrs! occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, 12 Notice to the surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the constrnction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incOlporated herein, The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon receipt by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shallpennit a copy to be made. 15 DEFINITIONS 15, I Claimant: an individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the perfonnance of the Contract. Page 5 The intent of1his Bond shall be to include williout limitation in llie tezms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or renta1equipment used in llie Construction Contract, architectural and engineering services required for performance of1he work of1he Contractor and llie Contractor's subcontractors, and all ollier items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between llie Owner and llie Contractor identified on llie signature page, including all Contract Documents and changes lliereto. 15.3 Owner Default: Failure ofllie Owner, which has neither been remedied nor waived, to pay llie Contractor as required by llie Construction Contract or to perform and complete or comply willi llie other tenns lliereoi MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES ARE INCORPORATED HERElN BY REFERENCE. . (Space is provided below for additional signatures of added parties, other than lliose appearing on llie cover page.) CONTRACTOR AS PRINCIPAL Company: Thermal Con epts, Inc. (Corporate Seal) (Corporate Seal) nee Company hy, Attorney-In-Fact Address: Page 6 ~~~!~~~~~!!~1~~~~~;~~~~~l~~~~~1t~:;~~it~~~~~~ The member companies of Ohio Casualty Group 9450 Seward Road, Fairfield, Ohio 45014 www.ocas.com BOND NUMBER: DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE After the September 11, 2001 collapse of the World Trade Center, some insurance and reinsurance companies excluded coverage for terrorist events from their policies. The economy was affected, to the extent that $15 billion dollars of new construction was cancelled or delayed. As an economic aid, the Federal Govement has enacted the Terrorism Risk Insurance Act of 2002. As part of the act, we are required to notify you that subject to the terms and conditions as stated in your applicable bond forms, coverage for losses sustained by acts of terrorism is already included in your current bond. Effective November 26, 2002, under your existing bond, losses caused by certified acts of terrorism as defined in the Terrorism Risk Insurance Act of 2002 would be partially reimbursed by the Federal Govement under a formula established by federal law. Under this formula, the Federal Govement pay 90% of covered . ter<orism l.o<;se~ ex.e.eding the statutorily .established deductible. .paid by.thf\ insurance C.llmj?a);lY .pro.vidwg..~ . the coverage. Under the current bond, thai portion of your premium that is attrIbutable to coverage for acts of terrorism is $0. We strongly urge you to contact your independent insurance agent if you have any questions regarding this matter, NP 72 64 0103 Page10F1 . . CERTIFIED COPY OF POWER OF ATTORNEY THE OIDO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 35-504 Know ~~ Men by These Presents: That THE aIDO CASUALTY" illSURANCE COMPANY, an Ohio Ca.ry:mraticI!.. and WEST AMERlCA1-.T INst.."R.ANCE COMP.A.NY, an Indiana COIporation, in pursuance of authority granied by Article VI, Section 7 of the By-Laws of 'The Ohio Casualty Insurance Company and Article VI, Section 1 of West American Insurance Company, do J:1ereby nominate, constitute and appoint Gerald J. Arch, .Michael A. Holmes, James F. Murph)', Jeffrey L. Legget or Susan Bohm of Ft Lauderdale, Florida its true and lavr.ful agent (5) and attorney (s)-in-fact, to make, execute. seal and deliver for and on its behalf as surety. and as its act and deed any and lllJ. BONDS, UNDERTAKINGS, and RECOG~'IZAl...rCES, not exceeding in any single instance SEVEN 1\1ILLION FIVE H""tJNDRED THOUSA1'lD ($7,500,000.00) DOLLARS, excluding, however, any bond(s) or underta.'tdng(s) g'.la!2.!1t~eIDg the payme::.! cfnctes and U::.tere::t thereon And the execution of such bonds or lmdcrtakings in pursuance of these presents, shall be as binding upon said Companies, ~ fully and amply, to all intents and pUlJ:Ioses, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Hamilton, Ohio, in their own proper persons. The authority granted hercUllder supersedes any previous authority heretofore granted the above named attomey(s )-iDAact. In 'WITNESS 'WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American insurance Company has hereunto subscribed his Dame and affixed the COlJlorate Seal of each Company this 8th day of March, 2-001. Aa-w- 4~ S2m L::nvre:u:e, Assist:mt Secreta;-j STATE OF OHIO, COUNTY OF BUIl.ER On this 8th day of March, 2001 before the subscriber, a Notary Public of the State of Ohio, in and for the Cmmty of Butler, clul;\' -commissioned and qualiiied, came Sam Lawrence, Assistant Secretary of TIffi OHIO CASUALlY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally knovm to be the individual and officer described in, and who executed the preceding instnnnent, and he aclmowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the -officer of the Companies aforesaid,. and that the ~eals affixed to the preceding instroment are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and ~ubscnoed to the said instrument by the authority and direction of the said Corporations, rn,TESTIM'ONY :wHEREOF, I aavc'heret:!Bto set my "hand ana affixed my Offi'daI Seal' at"~e City ofl1ai:trilton,'Siateof Ohio. the day and 'yea! fust above Written', - ~~4w Notary Public in ~d for County of Butler, State of Ohio My Commission expires August 6, 2002, TIus power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of The Ohio Casualty Insurance Company and Article VI, Section I of West American Insurance Company, extracts from which read: Article VI; Section 7. APPOINTMENT OF ATTORNEYS-IN-FACT. ETC, '"The chairman of the board, the president, any vice-president, the secretary or any assistant secretary of each of these Companies shall be and is hereby vested 'With full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Companies as surety to, and to execute. attach the cOIporate seal, acknowledge and deliver any and all bonds. recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political subdivision." Article VI. Section I. APPOIN1'1v.IENT OF RESIDENT OFFICERS. "The Chairman of the Board, the President, any Vice President, '"a Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seat, acknowledge and deliver any and all bonds, recogriizances, stipulations, undertakings or other instruments of surety-ship or guarantee, and policies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, orto any other political subdivision." This instri.Jment is signed and sealed by facsimile as authorized by the following Resolution adopted by the respective directors of the Companies (adopted May 27, 1970-Tbe Ohio Casualty Insurance Company; adopted April 24, I9BO-West American Insurance Company): "RESOLVED that the signature of any officer of the Company authorized by the By~Laws to appoint attorneys in fact, the signatu,re of the Secretary or any A.5sistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to 1;le valid and binding upon the Company with the same force and effect as though manually affixed," CERTIFICATE 1, the undersigned Assistant Secretary of The Ohio Casualty insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By-Laws of the Companies and the above Resolution of their Boards of Directors are true and correct conies anp. are in full force and effect on this date. IN WITNESS WHEREOF,lbavehereunto set my hand and the seals of the Companies this 23rrl day of Aprll ?001 ~..../ ./ ~ Assistant Secretary S-4300 ACORD~ CERTIFuCA TE OF LIABILITY INSURANC~E~~~ D11 DATE CMMlDDIYY) 04/17/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5900 N. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Lauderdale FL 33310-5727 Phone: 954-776-2222 Fax:954-776-4446 INSURERS AFFORDING COVERAGE INSURED INSURER k The Travelers Insurance CO. INSURER B: American Guarantee & Liabilitv Thermal conce~ts Inc. INSURER c: Bridqefield Emplovers Ins. Co. 2201 colle~e venue INSURER 0: Davie FL 3 317 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~ .--------- --.--.--.-...-- - --. -. ____.___.____.__ n___ ----- -1'llLTCY~FFEC...IV.Tl'OOC'f"EXl'IRATIOf< -.---- LTR TYPE OF INSURANCE POLICY NUMBER DAT!rr'MM/DDrfY;' DATf'MM/DDrNI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f- A X COMMERCIAL GENERAL LIABILITY DTC0290K1765 09/04/02 09/04/03 FIRE DAMAGE (Anyone fire) $ 300,000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000 I-- 11 ~ PERGQNAL & ADV INJURY $ 1,000,000 I-- ~ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER ~/#Io'!J PRODUCTS-COM~OPAGG $2,000,000 ~ POLICY rxl j~~T n LOC I" '/1- 1 Emp Ben. 1,000,000 AUTOMQBILE LIABILITY . I' - COMBINED SINGLE LIMIT $ 1,000,000 A ~ ANY AUTO 810697K9295 09/04/02 09/04/03 lEa accident} ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS "c'l! (Per person) - X HIRED AUTOS I, BODILY INJURY - $ X NON-OWNED AUTOS (Per accident) - - , f:, PROPERTY DAMAGE $ i , (Per accident) GARAGE LIABILITY . .1. ~;.;~ .... Vi AUTO ONLY - EA ACCIDENT $ R ANY AUTO 'I EAACC $ ,I OTHER THAN AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 B ~ OCCUR 0 CLAIMS MADE AUC9306039 09/04/02 09/04/03 AGGREGATE $ 5,000,000 $ ~ DEDUCTIBLE $ X RETENTION $ 0 $ WQRKERS COMPENSATION AND I TO"RY'UMTTS i X i"liit C EMPLOYERS' LIABILITY 83017247 04/01/03 04/01/04 E.l. EACH ACCIDENT $ 500000 EL DISEASE. EA EMPLOYEE $ 500000 EL DISEASE - POLICY LIMIT $ 500000 OTHER A Equipment Floater QT660670X3632 09/04/02 09/04/03 Leased Eq $80,000 DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is named additional insured with respects to general liability as required by written contract. Project: # 21st Street COllllllunity Center HVAC Renovations Bid #32-02/03. CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER; CANCELLATION CITY OF SHOULD ANY OF THE ABOVE DEGCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3..L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL City of Miami Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1700 Convention Center Drive Miami Beach FL 33139 REPRESENTATIVES. A~~RE~TI~ . "-,0. , - L--. ---""1" pv -L... ACORD 25.S (7/97) @ACORDCORPORATION 1988